Provincial Supply Chain
Management
Request for Proposal Page 1 of 3
RFP NUMBER
RFP DESCRIPTION
CUSTOMER DEPARTMENT
CUSTOMER INSTITUTION
BRIEFING SESSION Y N
SESSION COMPULSORY
Y
N
SESSION HIGHLY RECOMMENDED
Y
N
BRIEFING VENUE DATE TIME
TERM AGREEMENT CALLED FOR? Y N
TERM
DURATION
CLOSING DATE
CLOSING TIME
TENDER BOX LOCATION
GPT is acting as Common Service Provider or buying organisation on behalf of all Gauteng Provincial Government
Customer Departments / Institutions. The goods / services are therefore required by the Customer Department /
Institution, as indicated on this form RFP 01.
Notes:
- Bids / tenders can be deposited in the Tender Box at the following address:
Gauteng Provincial Treasury, Imbumba House, 75 Fox Street, Marshalltown, Johannesburg
- Bids / tenders must be deposited in the Tender Box on or before the closing date and time.
- Bids / tenders submitted by fax will not be accepted.
- The GPT Tender Box is generally open 24 hours a day, 7 days a week.
OR Posted to Gauteng Provincial Treasury, Tender Office, Private Bag X112, Marshalltown, Johannesburg, 2017
-This bid is subject to the preferential procurement policy framework act and the preferential
procurement regulations 2017, the general conditions of contract (gcc) 2010 and, if applicable, any
other special conditions of contract.
- ALL BIDS MUST BE SUBMITTED ON THE OFFICIAL GPG RFP FORMS – (NOT TO BE RE-TYPED)
- ALL REQUIRED INFORMATION MUST BE COMPLETED (FAILURE TO DO SO MAY RESULT IN YOUR
BID BEING DISQUALIFIED):
The Tendering System
This RFP Pack is mainly for “PRE-QUALIFICATION OF BIDDERS” and it consists of only one section namely, Section 1.
This section must be submitted clearly marked with the Tender Number and the Section Number.
Training sessions
Non-compulsory “How to tender” workshops are held every Wednesday at 75 Fox Street from 10:00-13:00.
Filename: RFP01 GPT (PRE-QUALIFICATION SBD1)
Revision: 11
Releas
e Date: 24/10/2018
GT/GDARD/152/2018
SECTION 1- ISSUE DATE: 2018-10-22
Page 1 of 66
GT/GDARD/152/2018
Gauteng Department of Agriculture and Rural Development
Gauteng Department of Agriculture and Rural Development
Dinokeng Auditorium, 2nd Floor Annex Building, 56 Eloff Street, Johannesburg
01 November 2018
13:00
36 Months
16 November 2018
11:00
Provincial Supply Chain
Management
Request for Proposal Page 2 of 3
DETAILS OF BIDDER
COMPANY NAME
BIDDER / ASSIGNEE
NAME
POSTAL ADDRESS
STREET ADDRESS
TELEPHONE NUMBER
CODE
NUMBER
CELLPHONE NUMBER
FACSIMILE NUMBER
CODE
NUMBER
E-MAIL ADDRESS
VAT REGISTRATION
NUMBER
COMPANY
REGISTRATION NUMBER
TAX COMPLIANCE STATUS
[TICK APPLICABLE BOX]
TCS PIN
TCS CERTIFICATE
TCS PIN:
CSD
No:
B-BBEE STATUS LEVEL
VERIFICATION
CERTIFICATE
[TICK APPLICABLE BOX]
B-BBEE
CERTIFICATE
B-BBEE STATUS
LEVEL SWORN
AFFIDAVIT
IF YES, WHO WAS THE
CERTIFICATE ISSUED BY?
AN ACCOUNTING OFFICER
AS CONTEMPLATED IN THE
CLOSE CORPORATION ACT
(CCA)
[TICK APPLICABLE BOX]
AN ACCOUNTING OFFICER AS CONTEMPLATED IN THE
CLOSE CORPORATION ACT (CCA)
A VERIFICATION AGENCY ACCREDITED BY THE SOUTH AFRICAN
ACCREDITATION SYSTEM (SANAS)
A REGISTERED AUDITOR
NAME:
(AN ORIGINAL AND VALID B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE; CERTIFIED COPIES OR SWORN AFFIDAVIT {EME}
ATTESTED BY A
COMMISSIONER OF OATHS, MUST BE SUBMITTED IN ORDER TO QUALIFY FOR PREFERENCE POINTS FOR B-BBEE)
SIGNATURE OF BIDDER DATE
CAPACITY UNDER WHICH
THIS BID IS SIGNED
This RFP is subject to the General Conditions of Contract and were applicable any other Special Conditions of Contract.
Filename: RFP01 GPT (PRE-QUALIFICATION SBD1)
Revision: 11 Releas
e Date: 24/10/2018
GT/GDARD/152/2018
SECTION 1- ISSUE DATE: 2018-10-22
Page 2 of 66
Provincial Supply Chain
Management
Request for Proposal Page 3 of 3
Tender documents can be obtained from http://www.treasury.gpg.gov.za
All suppliers are to Register on the National Supplier Database (CSD)
http://www.csd.gov.za
ANY ENQUIRIES REGARDING BIDDING PROCEDURE MAY BE DIRECTED TO:
DEPARTMENT
CONTACT PERSON
TELEPHONE NUMBER
FACSIMILE
E-MAIL ADRESS
ANY ENQUIRIES REGARDING TECHNICAL INFORMATION MAY BE DIRECTED TO:
DEPARTMENT
CONTACT PERSON
TELEPHONE NUMBER
FACSIMILIE
E-MAIL ADRESS
Filename: RFP01 GPT (PRE-QUALIFICATION SBD1)
Revision: 11 Release Date: 24/10/2018
GT/GDARD/152/2018
SECTION 1- ISSUE DATE: 2018-10-22
Page 3 of 66
Gauteng Department of Agriculture and Rural Development
Mr Muthundinne Nethomboni
011 240 3339
N/A
Muthundinne.nethomboni@gauteng.gov.za
Gauteng Department of Agriculture and Rural Development
Ms. Noxolo Moroka or Ms. Sithabile Mdlalose
011 240 2613 or 011 240 3444
N/A
noxolo.moroka@gauteng.gov.za or sithabile.mdlalose@gauteng.gov.za
Provincial Supply Chain
Management
RFP Point System
Page 1 of 1
Filename: RFP02GPT Revision:4 Release Date: 11/07/2017
Point System
RFP NUMBER CLOSING DATE
VALIDITY OF RFP CLOSING TIME
In case of queries, please contact the GPT Contact Centre at tel: 0860 011 000
*
GPT is acting as Common Service Provider or buying organisation on behalf of all Gauteng Provincial Government
Customer Departments / Institutions.
The goods / services are therefore required by the Customer Department / Institution, as indicated on RFP 01.
The Gauteng Provincial Government requests your bid on the goods and/or services listed on the
attached forms. Please furnish all information as requested and return your bid on the date stipulated.
Late and incomplete submissions may invalidate the bid submitted.
This RFP will be evaluated on the basis of Preferential Procurement Regulation, 2017 pertaining to the
Preferential Procurement Policy Framework Act (Act number 5 of 2000).
Points SHALL be allocated as follows:
Points for
Points for
*
It is the responsibility of the bidder to attach AN ORIGINAL AND VALID B-BBEE STATUS LEVEL VERIFICATION
CERTIFICATE; CERTIFIED
COPIES OR SWORN AFFIDAVIT {EME} ATTESTED BY A COMMISSIONER OF OATHS,
MUST BE SUBMITTED WITH THIS RFP DOCUMENT TO QUALIFY FOR THE PREFERENCE POINTS
GT/GDARD/152/2018
SECTION 1- ISSUE DATE: 2018-10-22
Page 4 of 66
GT/GDARD/152/2018
16 November 2018
90 days
11:00
NA
NA
NA
Provincial Supply Chain
Management
Instructions to Bidders
Page 1 of 2
Filename: RFP03GPT Revision: 7 Release Date: 11/07/2017
1. The RFP (Request for Proposal) Pack is drawn up so that certain essential information should be furnished in a specific manner. Any
additional particulars shall be furnished in a separate annexure.
2. The RFP fo
rms should not be retyped or redrafted, but photocopies may be prepared and used. Additional offers may be made for any
item, but only on a photocopy of the page in question or on other forms obtainable from the relevant Department or Institution
advertising this RFP. Additional offers made in any other manner may be disregarded.
3.
Should the RFP forms not be filled in by means of electronic devices, bidders are encouraged to complete forms in a black ink.
4. Bidders shall check the numbers of the pages and satisfy themselves that none are missing or duplicated. No liability shall be accepted
with regards to claims arising from the fact that pages are missing or duplicated.
5.
The forms RFP 04 to RFP 09 and PREF documents shall be completed, signed and submitted with the bid. RFP 10 (National
Industrial Participation Programme Form) will only be added to the RFP pack to be completed by bidders when an imported component
in excess of US $ 10 million is expected.
6.
A separate RFP 06 form (RFP Price Schedule per item) shall be completed in respect of each item. Photocopies of this form may be
prepared and used or additional copies, (if required) are obtainable from the relevant Department or Institution advertising this RFP(not
applicable for Pre-qualification of Bidders).
7.
Firm delivery periods and prices are preferred. Consequently bidders shall clearly state whether delivery periods and prices will remain
firm or not for the duration of any contract, which may result from this RFP, by completing RFP 06 (RFP Price Schedule per item) and
RFP 07 (Non-Firm Prices per item) (not applicable for Pre-qualification of Bidders).
8.
If non-firm prices are offered bidders must ensure that a separate RFP 07 (Non-Firm Prices per item) is completed in respect of each
item for which a non-firm price is offered. Photocopies of this form may be prepared and used or additional copies, (if required) are
obtainable from the relevant Department or Institution advertising this RFP (not applicable for Pre-qualification of Bidders).
9.
Where items are specified in detail, the specifications form an integral part of the RFP document (see the attached specification) and
bidders shall indicate in the space provided whether the items offered are to specification or not (not applicable for Pre-qualification of
Bidders).
10. In respect of the paragraphs where the items offered are strictly to specification, bidders shall insert the words "as specified" (see the
attached specification) (not applicable for Pre-qualification of Bidders).
11. In cases wh
ere the items are not to specification, the deviations from the specifications shall be indicated (see the attached
specification).
12.
In instances where the bidder is not the manufacturer of the i
tems offered, the bidder must as per RFP 06 (RFP Price Schedule per item)
submit a Letter of Supply from the relevant manufacturer or his supplier (not applicable for Pre-qualification of Bidders).
13.
The offered prices shall be given in the units shown in the attached specification, as well as in RFP 06 (RFP Price Schedule per item) (not
applicable for Pre-qualification of Bidders).
14.
With the exception of imported goods, where required, all prices shall be quoted in South African currency. Where bids are submitted for
imported goods, foreign currency information must be supplied by completing the relevant portions of RFP 06 (RFP Price Schedule per
item) and RFP 07 (Non-Firm Prices per item) (not applicable for Pre-qualification of Bidders).
15.
Unless otherwise indicated, the costs of packaging materials (if applicabl
e) are for the account of the bidder and must be included in the
bid price on RFP 06 (RFP Price Schedule per item) (not applicable for Pre-qualification of Bidders).
16. Delivery basis (not applicable for Pre-qualification of Bidders):
(a) Supplies wh
ich are held in stock or are in transit or on order from South African manufacturers at the date of offer shall be
offered on a basis of delivery into consignee's store or on his site within the free delivery area of the bidder's centre, or
carriage paid consignee's station, if the goods are required elsewhere.
(b) Notwithstanding the provisions of paragraph 16(a), offered prices for supplies in respect of which installation / erection /
assembly is a requirement, shall include ALL costs on a “delivered on site” basis, as specified on RFP 06 (RFP Price Schedule
per item).
17.
Unless specifically provided for in the RFP document, no bids transmitted by facsimile or email shall be considered.
18. Failure on the part of the bidder to sign any of the forms RFP 04 to RFP 10 and PREF documents and thus to acknowledge and accept the
conditions in writing or to complete the attached RFP forms, Preference documents, questionnaires and specifications in all respects, may
invalidate the bid.
19. Bids should preferably not be qualified by the bidder's own conditions of bid. Failure to comply with these requirements (i.e. full
GT/GDARD/152/2018
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Page 5 of 66
Provincial Supply Chain
Management
Instructions to Bidders
Page 2 of 2
Filename: RFP03GPT Revision: 7 Release Date: 11/02/2017
acceptance of the General Conditions of Contract or to renounce specifically the bidder's own conditions of bid, when called upon to do
so, may invalidate the bid.
20. In case of samples being called for together with the bid (refer to RFP 05 in this regard), the successful bidder may be required to
submit pre-production samples to the South African Bureau of Standards (SABS) or such testing authority as designated at the
request of the relevant Department concerned. Unless the relevant Department decides otherwise, pre-production samples must be
submitted within thirty (30) days of the date on which the successful bidder was requested to do so. Mass production may commence
only after both the relevant Department and the successful bidder have been advised by the SABS that the pre-production samples have
been approved.
21. Should the
pre-production samples pass the inspections / tests at the first attempt, the costs associated with the inspections / tests will
be for the account of the relevant Department. If the SABS or such testing authority as designated do not approve the pre-production
samples, but requires corrections / improvements, the costs of the inspections / tests must be paid by the successful bidder and samples
which are acceptable in all respects must then reach the SABS or such testing authority as designated within twenty-one (21) days of the
date on which the findings of the SABS or such testing authority as designated were received by the successful bidder. Failure to deliver
samples within the specified time and to the required standards may lead to the cancellation of the intended contract.
22. In case of s
amples being called for together with the bid (refer to RFP 05 in this regard), the samples must be submitted together with
the bid before the closing time and date of the RFP, unless specifically indicated otherwise. Failure to submit the requested sample(s)
before the closing time and date of the RFP may invalidate the bid.
23. In case
s where large quantities of a product are called for, it may be necessary for the relevant item to be shared among two (2) or
more suppliers.
24. In cases whe
re the relevant Department or Institution advertising this RFP may deem it necessary, a formal contract may be entered into
with the successful bidder, in addition to a Letter of Acceptance and / or purchase order being issued.
25. If any of the c
onditions on the RFP forms are in conflict with any special conditions, stipulations or provisions incorporated in the bid
invitation, such special conditions, stipulations or provisions shall apply.
26. This RFP
is subject to the General Conditions of Contract and re-issues thereof. Copies of these conditions are obtainable from any office
of the Gauteng Provincial Government (GPG).
27. Each bid
must be submitted in a separate, sealed envelope on which the following must be clearly indicated:
- NAME AND AD
DRESS OF THE BIDDER;
- THE BID (RFP) NUMBER; AND
- THE CLOSING DATE.
The bid must be deposited or posted;
- posted to Gauteng Provincial Treasury and to reach the destination not later than the closing time and date; OR
- deposited in the tender box of the Gauteng Provincial Treasury before the closing time and
date.
28. The Gauteng Provincial Government has become a member and as such a key sponsor of the Proudly South African Campaign. GPG
therefore would like to procure local products of a high quality, produced through the practise of sound labour relations and in an
environment where high environmental standards are maintained. In terms of the Proudly South African Campaign South African
companies are encouraged to submit interesting and innovative achievements in the manufacturing field (if relevant to this RFP)
including information on new products, export achievements, new partnerships and successes and milestones.
29. Compulsory
GPG Contract: It is a mandatory requirement that successful bidder/s (to whom a tender is awarded) sign a GPG
Contract upon award of any given contract.
GT/GDARD/152/2018
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Page 6 of 66
Provincial Supply Chain
Management
Bid Commitment and
Declaration of Interest
Page 1 of 4
Filename: RFP04GPT (SBD 4) Revision: 7 Release Date: 03/06/2016
PART B: BID COMMITMENT
1.
I/We hereby bid to supply all or any of the supplies and/or to render all or any of the services described in the attached
RFP documents to the Gauteng Province of the Republic of South Africa, on the terms and conditions and in accordance
with the specifications stipulated in the bid documents (and which shall be taken as part of, and incorporated into, this bid)
at the prices and on the terms regarding time for delivery and/or execution inserted therein.
2. I/We agree that -
(a) the offer herein shall remain binding upon me/us and open for acceptance by the Gauteng Provincial Government as
represented by the Department requesting this proposal during the validity period indicated and calculated from the
closing time of the bid;
(b) this bid and its acceptance shall be subject to the terms and conditions contained in the General Conditions of
Contract and Preference Points Claim Form – General Conditions and Definitions of the Preferential Procurement
Policy Framework Act - PPPFA (PREF 01) with which I am/we are fully acquainted;
(c) if I/we withdraw my/our bid within the period for which I/we have agreed that the bid shall remain open for
acceptance, or fail to fulfil the contract when called upon to do so, the Province may, without prejudice to its other
rights, agree to the withdrawal of my/our bid or cancel the contract that may have been entered into between
me/us and the Province and I/we will then pay to the Province any additional expense incurred by the Province
having either to accept any less favourable bid or, if fresh bids have to be invited, the additional expenditure
incurred by the invitation of fresh bids and by the subsequent acceptance of any less favourable bid; the Province
shall also have the right to recover such additional expenditure by set-of against moneys which may be due or
become due to me/us under this or any other bid or contract or against any guarantee or deposit that may have
been furnished by me/us or on my/our behalf for the due fulfilment of this or any other bid or contract and pending
the ascertainment of the amount of such additional expenditure to retain such moneys, guarantee or deposit as
security for any loss the Province may sustain by reason of my/our default;
(d) if my/our bid is accepted the acceptance may be communicated to me/us by letter or order by ordinary post or
registered post and that SA Post Office Ltd shall be regarded as my/our agent, and delivery of such acceptance to
SA Post Office Ltd shall be treated as delivery to me/us;
(e) the law of the Republic of South Africa shall govern the contract created by the acceptance of my/our bid and that
I/we choose domicile citandi et executants
in the Republic at (full address of this place);
FULL ADDRESS
3. I/We furthermore confirm that I/we have satisfied myself/ourselves as to the correctness and validity of my/our bid; that
the price(s) and rate(s) quoted cover all the work/item(s) specified in the bid documents and that the price(s) and rate(s)
cover all my/our obligations under a resulting contract and that I/we accept that any mistakes regarding price(s) and
calculations will be at my/our risk.
4. I/We hereby accept full responsibility for the proper execution and fulfilment of all obligations and conditions devolving on
me/us under this agreement as the Principal(s) liable for the due fulfilment of any contract, which might be awarded based
on this offer.
5. I/We agree that any action arising from this contract may in all respects be instituted against me/us and I/we hereby
undertake to satisfy fully any sentence or judgement which may be pronounced against me/us as a result of such action.
6.
I/We declare that I/we have participation/no participation* in the submission of any other offer for the supplies/services
described in this RFP document. If there is participation, state names(s) of bidder(s) involved
*
Delete whichever is not applicable.
OTHER BIDDERS
INVOLVED
7.
AUTHORISATION INDICATE
Are you duly authorised to sign the bid? (Also refer to RFP 01 – page 2)
Y N
8.
DECLARATION INDICATE
Has the Declaration of Interest (part B of this form: RFP 04) been duly completed?
Y N
GT/GDARD/152/2018
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Provincial Supply Chain
Management
Bid Commitment and
Declaration of Interest
Page 2 of 4
Filename: RFP04GPT (SBD 4) Revision: 7 Release Date: 03/06/2016
PART B : DECLARATION OF INTEREST
9. 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 an
advertised competitive bid, a limited bid, a proposal or written price quotation). 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-
- the bidder is employed by state; and/or
- the legal person on who's behalf the bidding document is signed, has a relationship with persons/a
person who are/is involved with 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 who's behalf the declarant acts
and persons who are involved with the evaluation and / or adjudication of the bid
10. In order to give effect to the above, the following questionnaire shall be completed and submitted with the bid.
10.1 Full Name of Bidder or his/ her representative:
10.2 Identity Number:
10.3 Position occupied in the company :
(director, trustee, shareholder², member)
10.4 Registration number of company, enterprise, close
corporation, partnership agreement or trust
10.5 Tax Reference Number:
10.6 Vat Registration Number:
10.6.1 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 11 below.
*”State” means-
a) any national and 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/business and exercises control over the enterprise.
10.7 Are you or any person connected with the bidder, presently employed by the state?
Y N
If so, furnish the
following
particulars
Name of person/Director/shareholder/member:
Name of Institution to which the person is connected:
Position occupied in the institution:
Any other particulars:
GT/GDARD/152/2018
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Provincial Supply Chain
Management
Bid Commitment and
Declaration of Interest
Page 3 of 4
Filename: RFP04GPT (SBD 4) Revision: 7 Release Date: 03/06/2016
10.8 If you are presently employed by the state, did you obtain the appropriate authority to undertake
remunerative work outside employment in the public sector?
Y N
10.8.1 If yes, did you attach proof of such authority to the bid document?
(Note: Failure to submit proof of such authority, where applicable, may result in the disqualification of the
bid).
Y N
If no, furnish
reasons for non-
submission of
such proof
10.9 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?
Y N
If YES, furnish
particulars
10.10 Do you, or any person connected with the bidder, have any relationship (family, friend, other) with
a person employed by the state and who may be involved with the evaluation and or adjudication of this
bid?
Y N
If so, furnish
particulars
10.11 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?
Y N
If so, furnish
particulars
1 10.12 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?
Y N
If so, furnish
particulars
GT/GDARD/152/2018
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Provincial Supply Chain
Management
Bid Commitment and
Declaration of Interest
Page 4 of 4
Filename: RFP04GPT (SBD 4) Revision: 7 Release Date: 03/06/2016
11. Full details of directors / trustees / members / shareholders.
Full Name Identity Number Personal Income Tax
Reference Number
State Employee Number /
Persal Number
DECLARATION
I, THE UNDERSIGNED (NAME)
……………………………………………...............
CERTIFY THAT THE INFORMATION
FURNISHED IN PARAGRAPHS 10.1 to 10.12 ABOVE IS CORRECT.
I ACCEPT THAT THE PROVINCE MAY ACT AGAINST ME IN TERMS OF PARAGRAPH 23 OF THE GENERAL
CONDITIONS OF CONTRACT SHOULD THIS DECLARATION PROVE TO BE FALSE.
NAME & SIGNATURE
OF BIDDER OR
ASSIGNEE(S)
DATE Position
GT/GDARD/152/2018
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Page 10 of 66
Provincial Supply Chain
Manag
ement
Declaration of Bidder’s
Past Supply Chain
Management Practices
Page 1 of 2
Filename: RFP04aGPT (SBD 8) Revision: 3 Release Date: 03/06/2016
1 This Standard Bidding Document must form part of all bids invited.
2 It serves as a declaration to be used by institutions i
n 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
subm
itted with the bid.
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.
Y
N
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.
Y
N
If so,
furnish
particulars:
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?
Y N
If so,
furnish
particulars
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?
Y N
If so,
furnish
particulars:
GT/GDARD/152/2018
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Provincial Supply Chain
Manag
ement
Declaration of Bidder’s
Past Supply Chain
Management Practices
Page 2 of 2
Filename: RFP04aGPT (SBD 8) Revision: 3 Release Date: 03/06/2016
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.
Name, Position & Signature of Bidder
DATE:
ADDRESS:
GT/GDARD/152/2018
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Page 12 of 66
Provincial Supply
Chain Management
Briefing Session
Page 1 of 1
Filename: RFP4.2GPT Revision:2 Release Date: 18/02/2016
BRIEFING SESSION - DECLARATION OF ATTENDANCE
*
GPT is acting as Common Serv
ice Provider or buying organisation
on behalf
of
all
Gauteng Provincial
Government Customer Departments / Institutions. The goods / services are therefore required by the Customer
Department / Institution, as indicated on form RFP 01.
RFP NUMBER
RFP DESCRIPTION
RFP CLOSING DATE CLOSING TIME
CUSTOMER
DEPARTMENT
CUSTOMER
INSTITUTION
DELIVERY ADDRESS
BRIEFING SESSION
Y N
DATE TIME
VENUE
I/We hereby declare that I/
we attended the compulsory briefing session to understand the requirements of the
Gauteng Provincial Government to supply all or any of the supplies and/or to render all or any of the services
described in the attached RFP documents, on the terms and conditions and in accordance with the
specifications stipulated in the bid documents.
I, THE UNDERSIGNED (NAME) CERTIFY THAT
THE
INFORMATION FURNISHED AT THE BRIEFING SESSION WAS UNDERSTOOD.
BIDDER OR
ASSIGNEE(S)
NAME
POSITION
SIGN DATE
FULL COMPANY
NAME
GPG OFFICIAL
NAME
POSITION
SIGN DATE
GPT STAMP
GT/GDARD/152/2018
SECTION 1- ISSUE DATE: 2018-10-22
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GT/GDARD/152/2018
16 November 2018
11:00
THE ESTABLISHMENT OF A PRE-QUALIFIED MULTI-DISCIPLINARY PANEL OF REGISTERED PROFESSIONAL SERVICE PROVIDERS (PSPs) IN THE BUILT ENVIRONMENT TO PROVIDE PROFESSIONAL
SERVICES FOR THE PLANNING AND IMPLEMENTATION OF VARIOUS INFRASTRUCTURE PROJECTS WITHIN THE GAUTENG DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT (GDARD) FOR A
PERIOD OF 36 MONTHS
Gauteng Department of Agriculture and Rural Development
Gauteng Department of Agriculture and Rural Development
Dinokeng Auditorium, 2nd Floor Annex Building, 56 Eloff Street, Johannesburg
01 November 2018
13:00
Provincial Supply Chain
Management
Special Conditions
Page 1 of 3
RFP NUMBER
RFP DESCRIPTION
CUSTOMER DEPARTMENT
CUSTOMER INSTITUTION
THE FOLL
OWING MUST ACCOMPANY YOUR BID, IF INDICATED BY
Samples
SABS /Equivalent
Certificate
May not be older
than one (1)
year,the cost of
which will be for the
account of the
bidder.
Bidders
Briefing
Session
Filename: RFP05GPT Revision:7 Release Date:28/03/2017
GT/GDARD/152/2018
SECTION 1- ISSUE DATE: 2018-10-22
Page 14 of 66
GT/GDARD/152/2018
Gauteng Department of Agriculture and Rural Development
Gauteng Department of Agriculture and Rural Development
THE ESTABLISHMENT OF A PRE-QUALIFIED MULTI-DISCIPLINARY PANEL OF REGISTERED PROFESSIONAL
SERVICE PROVIDERS (PSPs) IN THE BUILT ENVIRONMENT TO PROVIDE PROFESSIONAL SERVICES FOR THE
PLANNING AND IMPLEMENTATION OF VARIOUS INFRASTRUCTURE PROJECTS WITHIN THE GAUTENG
DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT (GDARD) FOR A PERIOD OF 36 MONTHS
Provincial Supply Chain
Management
Special Conditions
Page 2 of 3
EVALUATION METHODOLOGY
Bidders must complete all compulsory documents as required and attach them to their tender document,
failing which the bid shall not be considered for further evaluation.
Points will be
awarded in accordance with the Preferential Procurement Policy Framework Act (PPPFA)
Stage 1
Criteria for Functionality
Points
TOTAL
NOTE: Bidders who fail to meet the above minimum requirements (Stage 1) shall be eliminated from further evaluation
Stage 2
Criteria for Price and B-BBEE Status
Points
Bid Price
0
Preference Points
0
TOTAL 0
Bidders are required to use the two envelope bidding system, whereby the Technical Proposal (Stage 1),
Pricing and B-BBEE (Stage 2) be placed in two separate sealed envelopes marked:
- Stage One
- Stage Two
Filename: RFP05GPT Revision:7 Release Date:28/03/2017
GT/GDARD/152/2018
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Page 15 of 66
Technical Evaluation Page (30 of 66 to 37 of 66)
Category 1
100
Category 2
100
Category 3
100
Technical Evaluation
N/A
300
Provincial Supply Chain
Management
Special Conditions
Page 3 of 3
SUPPLIER JOB CREATION ANALYSIS
Company Name Date Est.
Permanent Temp
SA
Citizens
Other Comments
Staff compliment
at Establishment
of Enterprise
Current staff
compliment
Number of jobs
to be created if
Bid is successful
The successful bidder may be audited during the course of the contract to verify the above information.
Comment
s to include:
If Job Creation is direct (by your own company) or indirect (by your supplier)
Where the jobs created for employees that were in existing positions or unemployed? (Net Job Creation)
NOTE: Job Creation should adhere to all applicable RSA Legislation and Regulations.
THIS SECTION IS FOR OFFICE USE ONLY!
Observations
Initial Job
Count
Job Creation
Potential
1
st
Quarter
2
nd
Quarter
3
rd
Quarter
4
th
Quarter
Year 1
Year 2
Year 3
Year 4
Year 5
Filename: RFP05GPT Revision:7 Release Date:28/03/2017
GT/GDARD/152/2018
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1
CONTRACT NO: RFP GT/GDARD/152/2018
REQUEST FOR PROPOSAL
FOR
THE ESTABLISHMENT OF A PRE-QUALIFIED MULTI-DISCIPLINARY PANEL
OF REGISTERED PROFESSIONAL SERVICE PROVIDERS (PSPs) IN THE
BUILT ENVIRONMENT TO PROVIDE PROFESSIONAL SERVICES FOR THE
PLANNING AND IMPLEMENTATION OF VARIOUS INFRASTRUCTURE
PROJECTS WITHIN THE GAUTENG DEPARTMENT OF AGRICULTURE AND
RURAL DEVELOPMENT (GDARD) FOR A PERIOD OF 36 MONTHS
GT/GDARD/152/2018
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2
Contents
1. BACKGROUND ....................................................................................................................................... 4
2. OBJ
ECTIVES ........................................................................................................................................... 4
2.1. F
or Core: Single, Joint Venture or Consortium Services (CATEGORY 1): ...................................... 4
2.2. For Independent Services (CATERGORY 2): .................................................................................. 5
2.3. For Individual (Entity/Company) Specialist Services (CATERGORY 3): .......................................... 5
3. SCOPE OF WORK ................................................................................................................................... 5
3.1. Brie
f responsibilities per discipline: .............................................................................................. 5
4. CONTRACTUAL REQUIREMENTS ........................................................................................................... 7
5. FIN
ANCIAL PLAN .................................................................................................................................... 7
6. REC
OMMENDED APPOINTMENT METHOD .......................................................................................... 7
7. TECHNICAL SPECIFICATION ................................................................................................................... 8
7.1. R
egulatory Compliance ................................................................................................................. 8
7.2. Services Specification .................................................................................................................... 9
7.2.1. Planning: ............................................................................................................................... 9
7.2.2. Implementation: ................................................................................................................. 12
8. EVALUATION METHODOLOGY ............................................................................................................ 14
8.1. P
hase 1: Administrative Compliance .......................................................................................... 14
8.1.1. Mandatory Documents ....................................................................................................... 14
8.1.2. Other Documents ................................................................................................................ 14
8.2. Phase 2: Functionality ................................................................................................................. 15
8.2.1. Phase 2.1: Functionality (Single/JV/Consortiums) .............................................................. 15
8.2.2. Phase 2.2: Functionality (Each Independent Service) ......................................................... 15
8.2.3. Phase 2.3: Functionality (Each Individual Specialists) ......................................................... 15
9. SUBMISSION OF PROPOSAL ................................................................................................................ 22
10. TEAMING AGREEMENTS ................................................................................................................. 22
11. RF
P PREPARATION INSTRUCTIONS ................................................................................................. 22
12. NO LIABILITY .................................................................................................................................... 23
13. COM
PULSORY BRIEFING ................................................................................................................. 23
14. SUC
CESSFUL PANELIST .................................................................................................................... 23
GT/GDARD/152/2018
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3
ACRONYMS
GDARD
Gauteng Department of Agriculture and Rural Development
SIPDM
Standard for Infrastructure Procurement and Delivery Management
IDMS
Infrastructure Delivery Management System
PSPs
Professional Service Providers
IDU
Infrastructure Development Unit
SACAP
South African Council for Architectural Professions
UDISA
Urban Design Institute of South Africa
SACLAP
South African Council for Landscape Architectural Professions
ECSA
Engineering Council of South Africa
SACQSP
South African Council for Quantity Surveying Professions
SACPLAN
South African Council for Planners
SACNASP
South African Council for Natural Scientific Professions
SAGC
South African Geomatics Council
SAIOSH
South African Institute for Occupational Safety and Health
SACPCMP
South African Council for Project and Construction Management
Professions
PSC
Professional Services Contract
BBBEE
Broad Based Black Economic Empowerment
GIAMA
Government Immovable Asset Management Act
DORA
Division of Revenue Act
PFMA
Public Finance Management Act
NEMA
National Environmental Management Act
OHSA
Occupational Health and Safety Act
SCM
Supply Chain Management
SANS
South African National Standards
SABS
South African Building Standards
ICT
Information and Communications Technology
CIDB
Construction Industry Development Board
GT/GDARD/152/2018
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4
1. BACKGROUND
The Gauteng Department of Agriculture and Rural Development (GDARD) as an organ of state
requires infrastructure to deliver its services to the citizens of Gauteng Province. Through its
legislative mandate GDARD has infrastructure delivery functions which must be performed in
accordance with the Standard for Infrastructure Procurement and Delivery Management (SIPDM),
effective from 1 July 2016, which covers the supply chain management system of Governments’
Infrastructure Delivery Management System (IDMS).
The infrastructure functions of GDARD which includes new infrastructure, additions, upgrades,
refurbishments, renovations, rehabilitation and maintenance must be aligned to the IDMS for
agricultural, environmental and rural development infrastructure that includes the following, but is
not limited to:
Infrastructure facilities, including bulk services, within all GDARD nature reserves. This
includes facilities for tourism, historical buildings, offices, and staff accommodation.
Agricultural support infrastructure such as hydroponic tunnels
Pi
ggery Structures
Poul
try Structures
Dr
illing and Equipping of boreholes
Fres
h Produce Markets
Veterinary Clinics and Hospitals
Ag
riparks
Aq
uaculture
The
Department has identified the need to appoint a pre-qualified panel of Professional Service
Providers (PSPs) in order to meet the mandate and objectives of GDARD in compliance with the
SIPDM and IDMS processes. The GDARD, through the Infrastructure Development Unit (IDU),
therefore requests interested professional service providers (individuals, single, consortiums and
joint ventures) to apply to be appointed for a period of 36 months from appointment date. Over
the 36-months period, deliverables may be requested through an instruction to perform work only
when the services are required.
2. OBJECTIVES
The appointed pre-qualified panel of PSPs will assist GDARD in the planning and implementation
of its various infrastructure projects throughout the Gauteng Province. These services include:
2.1. For Core: Single, Joint Venture or Consortium Services (CATEGORY 1):
Architectural
Civil Engineering
Structural Engineering
Electrical Engineering
Electronic Engineering
Mechanical Engineering
Occupational Health and Safety
Construction Project Management
GT/GDARD/152/2018
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5
Note (Category 1): These are compulsory disciplines a single, joint venture or consortium
service provider must have in order to participate in this bid.
2.2. For Independent Services (CATERGORY 2):
Quantity Surveying
Social Facilitator
Note (Category 2): These independent disciplines will be evaluated separately and not part
of the Single, Joint Venture or Consortium service providers.
2.3. For
Individual (Entity/Company) Specialist Services (CATERGORY 3):
Urban Design
Town and Regional Planning
Geotechnical Engineering
Agricultural Engineering
Land Surveying
Environmentalist
Geohydrologist
Note (Category 3): These specialist disciplines will be evaluated separately and not part of
the Single, Joint Venture or Consortium service providers.
PSPs c
an be requested to produce end of stage deliverables in terms of the different stages in
the SIPDM aligned to the templates and processes of GDARD.
PSPs will be required to take cognisance of the role of the other professionals as described in
this RFP and work coherently with them where required.
Bidder/s can access the SIPDM guideline on the National Treasury website www.treasury.gov.za
3. SCO
PE OF WORK
Work shall be classified in the following criteria:
New Construction
Upgrades and Additions
Rehabilitation, Renovations and Refurbishments
Maintenance
3.1. B
rief responsibilities per discipline:
The successful panellist will be required to enter into a framework agreement with GDARD. The
responsibilities and duties of this framework agreement includes but is not limited to the services
set-out below and in accordance with the following:
GT/GDARD/152/2018
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6
Architect
South African Council for the Architectural Professions (SACAP)
Architectural Professions Act, 2000 (Act 44 of 2000), as amended
Urban Designer
Urban Design Institute of South Africa (UDISA)
South African Council for the Architectural Professions (SACAP)
Architectural Professions Act, 2000 (Act 44 of 2000), as amended
South African Planning Profession Act, 2002, (Act 36 of 2002), as amended
South African Council for the Landscape Architectural Professions (SACLAP)
Landscape Architectural Profession Act, 2000 (Act 45 of 2000), as amended
Civil/ Structural, Electrical, Electronic, Mechanical, Geotechnical and Agricultural
Engineers
Engineering Council of South Africa (ECSA)
Engineering Professions Act, 2000 (Act 46 of 2000), as amended
Quantity Surveyor
South African Council for the Quantity Surveying Professions (SACQSP)
Quantity Surveying Profession Act, 2000 (Act 49 of 2000), as amended
Town and Regional Planner
South African Council for Planners (SACPLAN)
Pl
anning Profession Act, 2000 (Act 36 of 2002), as amended
Env
ironmentalist and Geohydrologist
South African Council for Natural Scientific Professions (SACNASP)
Nat
ural Scientific Professional Act, 2003 (Act 27 of 2003), as amended
Land Surveyor
South African Geomatics Council (SAGC)
Geomatics Profession Act, 2013 (Act 19 of 2013), as amended
Occupational Health and Safety Specialist
South African Institute of Occupational Safety and Health (SAIOSH)
Occupational Health And Safety Act, 2008 (Act 67 of 2008)
Construction Project Manager
South African Council for the Project and Construction Management Professions
(SACPCMP)
Pr
oject and Construction Management Act, 2000 (Act No 48 of 2000)
Social Facilitator
Stakeholder mapping and consultation
GT/GDARD/152/2018
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7
Community awareness raising and support
Database compilation (new installations)
Database compilation (old installations)
Project Steering Committee
Establishment
Skills audit
Capacitation
Note: Refer to 8.2 for detailed services specification per IDMS stage deliverables for the
execution of the scope of works.
4. CONT
RACTUAL REQUIREMENTS
The NEC 3 Suite of Contracts for Professionals is applicable to this Contract. The Contracts are
as follows:
NEC 3 Professional Services Contract (PSC) - April 2013
NEC 3 Professional Services Short Contract (PSSC)
NEC 3 Term Service Contract (TSC)
NEC 3 Term Service Short Contract (TSSC)
Bidders are requested to familiarise themselves with the clauses in these contracts.
Successful service providers will be required to sign a Framework Agreement to conclude
appointment into the pre-qualified panel.
5. FI
NANCIAL PLAN
The value of the works per project in any facility shall be approved by GDARD in line with internal
Departmental policies and procedures, and current legislation in respect of the classification and
determination of work categories. GDARD reserves the sole right to classify work as falling out
of the scope of services that are deemed to be part of this contract.
6. RECO
MMENDED APPOINTMENT METHOD
GDARD plans to appoint successful multi-disciplinary PSPs, Independent Services and Individual
(Entity/Company) Specialist Services for a period of 36 months from appointment date. The
successful multi-disciplinary PSPs are required to have all compulsory disciplines as outlined
above.
Once appointed, each individual, single, joint venture or consortium will act as the PSP when a
need arises from GDARD for a particular service. This implies that having pre-qualified for the
panel does not automatically guarantee that the PSP or part thereof will be awarded any contract
by GDARD. Work will be allocated on an as and when required basis, and depending on
each project need identified by GDARD.
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8
7. TECHNICAL SPECIFICATION
7.1. Regulatory Compliance
The successful pre-qualified PSPs are to ensure that all legislation, code of practice,
bylaws, practice notes, standards and statutory requirements are adhered to that includes,
but is not limited to the following:
Constitution of the Republic of South Africa, 1996
Preferential Procurement Policy Framework Act, 5 of 2000
Broad Based Black Economic Empowerment Act 53 of 2003 (BBBEE)
GIAMA No. 19 of 2007: Government Immovable Asset management Act, 2007
Annual promulgation of the Division of Revenue Act (DORA) and annual DORA
Frameworks
PFMA The Public Finance Management Act (PFMA), 1999 (Act No. 1 of 1999) (as
amended by Act No. 29 of 1999)
National Heritage Act, 25 of 1999
National Environmental Management Act 107 of 1998
Conservation of Agriculture Resource Act 43 of 1983
Biodiversity Act 10 of 2004
Protected Areas Act 57 of 2003
Nature Conservation Ordinance 12 of 1983
Provincial Land Administration Acts
Treasury Regulations, 2001
Construction Regulation 2014 of the Occupational Health and Safety Act 85 of
1993 as amended.
Fencing Act, 31 of 1963
National Building Regulations and Building Standards Act, 103 of 1977
GDARD Infrastructure SCM Policy
Standard for Infrastructure Procurement and Delivery Management
South African National Standards
South African Building Standards
Architectural Professions Act, 2000 ( Act No 44 of 2000)
Engineering Profession Act, 2000 ( Act No 46 of 2000)
Quantity Surveying Profession Act, 2000 ( Act No, 49 of 2000)
Project and Construction Management Profession Act, 2000 (Act No. 48 of 2000)
Planning Profession Act, 2000 (Act No. 48 of 2000)
Council of Geo-Sciences Profession Act, 2003 (Act No. 27 of 2003)
Construction Industry Development Board (CIDB) Act, 2000 (Act No. 38 of 2000)
GT/GDARD/152/2018
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9
7.2. Services Specification
7.2.1. Planning:
Stage 0: Project Initiation
Development of a Project Initiation Report (PIR) for an infrastructure
project and/or a package based on the first version being developed by
GDARD and/or
To conduct specific professional studies for inputs into a PIR.
Stage 0 is complete when the project initiation report or applicable studies
report, is accepted by GDARD.
Stage 1: Infrastructure Planning
Undertake condition assessments of existing infrastructure under
GDARDs portfolio.
Stage 1 is complete when the condition assessment report/s, is/are accepted
by GDARD.
Stage 2: Strategic Resourcing
Not Applicable
Stage 3: Preparation and Briefing or Pre-Feasibility
The strategic brief shall as necessary:
Confirm the scope of the package and identify any constraints, including
those relating to occupational health and safety;
Establish the project criteria, including the performance and reliability
requirements, design life, service life of components, function,
maintenance and replacement requirements, mix of uses, scale, location,
quality, value, time, safety, health, environment and sustainability;
Identify procedures, organisational structure, key constraints, statutory
permissions (e.g. Environmental, heritage, social, planning, building
control), and utility approvals, policies (e.g. Environmental,
developmental, social, maintenance or facilities management) and
strategies to take the package forward;
Identify risks that need to be mitigated;
Identify interfaces between packages as necessary; and
Establish the control budget for the package, ownership costs and
schedule for the package or series of packages.
The prefeasibility study shall as necessary:
GT/GDARD/152/2018
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10
Document the owner or user requirements specification;
Shortlist the options that were considered;
Provide a preliminary design for study options;
Pr
ovide preliminary capital estimate and the proposed schedule; and
Present the study outcomes.
Stage 3 is complete when the prefeasibility report or the strategic brief,
as required, is accepted by the Employer.
Stage 4: Concept and Viability or Feasibility
The concept report shall as necessary:
Document the initial design criteria and design options or the methods
and procedures required to maintain the condition of infrastructure for the
package;
Establish the detailed brief, scope, scale, form and cost plan for the
package;
Provide an indicative schedule for documentation and construction or
maintenance services associated with the package;
Contain a site development plan or other suitable schematic layouts of
the works;
Describe the statutory permissions, funding approvals or utility approvals
required to proceed with the works associated with the package;
Include a baseline risk assessment for the package, and a health and
safety plan which is required in terms of the requirements of the
Construction Regulations issued in terms of the Occupational Health and
Safety Act;
Contain a risk report linked to the need for further surveys, tests, other
investigations and consents and approvals, if any, during subsequent
stages and identified health, safety and environmental risk;
Contain an operations and maintenance support plan which establishes
the organisational structure required for the operation and maintenance of
the works resulting from the package or series of packages over its
service life, and the office, stores, furniture, equipment, Information and
Communications Technology (ICT), engineering infrastructure and staff
training requirements; confirm the financial sustainability of the project;
and
Establish the feasibility of satisfying the strategic brief for the package or
series of packages within the control budget established during stage 3
and, if not, motivate a revised control budget.
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11
A feasibility report shall as a minimum provide the following:
Details regarding the preparatory work covering:
Needs and demand analysis with output specifications; and
An options analysis;
A viability evaluation covering:
A financial analysis; and
An economic analysis, if necessary;
A risk assessment and sensitivity analysis;
A professional analysis covering:
A technology options assessment;
An environmental impact assessment; and
A regulatory due diligence; and
Implementation readiness assessment covering:
institutional capacity; and
A procurement plan
Stage 4 is complete when the feasibility report or the concept report, as required,
is accepted by the Employer.
Stage 5: Design Development
The design development report shall as necessary:
Develop in detail the accepted concept to finalise the design and
definition criteria;
Establish the detailed form, character, function and costings;
Define all components in terms of overall size, typical detail, performance
and outline specification;
Describe how infrastructure, or elements or components thereof, are to
function, how they are to be safely constructed, how they are to be
maintained and how they are to be commissioned; and
Confirm that the package or series of packages can be completed within
the control budget or propose a revision to the control budget.
Outline specifications shall be in sufficient detail to enable a view to be
taken on the operation and maintenance implications of the design and
the compatibility with existing plant and equipment.
Stage 5 is complete when the design development report is accepted by the
Employer.
Stage 6: Design Documentation
Stage 6A (Production information) is complete when all the production
information that is required to be accepted prior to being issued for
construction, manufacturing or fabrication purposes has been accepted.
Stage 6B (Manufacture, fabrication and construction information) is
complete when the manufacture, fabrication and construction information
is accepted as being in accordance with the production information.
All tender related documentation is compiled and completed.
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12
7.2.2. Implementation:
Stage 7: Works
Stage 7 is complete when:
Completion of the works is certified in accordance with the provisions of
the contract; or
The goods and associated services are certified as being delivered in
accordance with the provisions of the contract.
Stage 8: Handover
The handover stage shall include as necessary the training of the end user’s or
the staff in the operation of the delivered infrastructure.
The record information shall as relevant:
Accurately document the condition of the completed works associated
with a package;
Accurately document the works as constructed or completed;
Contain information on the care and servicing requirements for the works
or a portion thereof;
Contain information or instructions on the use of plant and equipment;
Confirm the performance requirements of the design development report
and production information;
Contain certificates confirming compliance with legislation, statutory
permissions and the like; and
Contain guarantees that extend beyond the defects liability period
provided for in the package.
Record information shall, as relevant, provide those tasked with the operation
and maintenance of infrastructure with the information necessary to:
Understand how the designers intended the works, systems, subsystems,
assemblies and components to function;
Effectively operate, care for and maintain the works, systems,
subsystems, assemblies and components to function;
Check, test or replace systems, subsystems, assemblies or components
to ensure the satisfactory performance of works, systems, subsystems,
assemblies and components over time;
Develop maintenance plans;
Determine stock levels for components and assemblies that need to be
regularly replaced; and
Budget for the operation and maintenance of the works, systems,
subsystems and components over time.
Arrangements shall be put in place to secure and safeguard the works from the
time that the contractor’s liabilities for damage to the works end until such time
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13
that the works are handed over to the end user or owner who shall accept such
liabilities.
Stage 8 is complete when the end user or owner accepts liability for the works.
Stage 9: Close-Out
The close out report for the package shall outline what was achieved in terms of
at least the following:
The performance parameters are reached;
Unit costs of completed work or major components thereof; and
Key performance indicators relating to developmental objectives.
The close out report shall make suggestions for improvements on future
packages of a similar nature. Such a report should also comment on the
performance of the contractor and, if relevant, include building tuning or similar
reports.
Stage 9 is complete when, as relevant, defects certificates or certificates of final
completion are issued in terms of the contract, the final amount due to the
contractor in terms of the contract is certified and the close out report is accepted
by the Employer.
Gateway Reviews:
Conduct or lead a gateway review of a project and/or package
Social Facilitators:
Environmental scanning
Ident
ification of existing stakeholders and their role thereof
Set
ting up the local governing structures, provide capacitation and ensure
sign off of the Development Charters
Ensure smooth decanting and beneficiation processes
Manag
e and monitor risk
Manag
e conflict resolution between the communities and site agents.
Cr
eate an enabling environment for the implementation of the
programme, through the promotion of partnerships between the districts,
community structures, government departments, etc.
Ens
ure that all relevant legislation is complied with during project
implementation
To
engage with communities and stakeholders on the new technologies
to be used for the construction of new infrastructure going forward
In ad
dition, GDARD will provide the prescribed templates and processes to the PSP’s per stage
where applicable.
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14
8. EVALUATION METHODOLOGY
Bids will be evaluated in a two (2) phased approach as stated below. All bidders need to comply
with all requirements in order to be considered.
8.1. Phase 1: Administrative Compliance
8.1.1. Mandatory Documents
Bidders must fully complete and submit all mandatory returnable documents for
compliance, failing which they will be disqualified from further evaluation.
Signing of Bid Commitment and Declaration of Interest form (RFP 04)
Signing of Declaration of Bidder’s Past Supply Chain Management Practices
(RFP04a)
Signing of the Certificate of Independent Bid Determination (SBD 09)
For C
ore services, a minimum Professional Indemnity Insurance of R10million
cover for a Single company or the Lead Partner within the Joint Venture or
Consortium, and Minimum Professional Indemnity Insurance of R3million for the
supporting consultants/parties, which must be valid at the date of tender closure.
Attach copy of signed full policy. Not cover page or letter only.
For
Independent Services, a minimum Professional Indemnity Insurance of
R3million each must be provided. Attach full policy. Not cover page or letter
only.
For
Individual Specialist Services, a minimum Professional Indemnity Insurance
of R3 million each must be provided. Attach full policy. Not cover page or letter
only.
Or
iginal signed RFP 4.2 compulsory briefing certificate
8.1.
2. Other Documents
Valid Tax clearance certificate printed through eFiling or unique Tax Compliance
Status Personal Identification Number (PIN) issued by SARS to enable the Organ
of State to review the Taxpayer’s profile and Tax status
Submit a Certified Copy of a Valid BBBEE Certificate / Sworn Affidavit
A trust, consortium or joint venture (including unincorporated consortia and joint
ventures) must submit a consolidated B-BBEE Status Level Verification
Certificate for every separate tender
National Treasury Central Supplier Database (CSD) registration.
Joint Venture or Consortium Agreement clearly outlining the lead partner and
proposed revenue split.
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15
8.2. Phase 2: Functionality
8.2.1. Phase 2.1: Functionality (Single/JV/Consortiums)
A total of 100 points have been allocated for phase 2.1. Bidders who do not meet the
minimum threshold of 60 points will be disqualified.
Sum
mary of the functionality table for Core: Single/JV/Consortiums (CATEGORY 1)
Description
Points
Company Experience
10
Qualifications of Key Personnel
40
Experience of Key Personnel
40
Quality Assurance Systems
5
JV/Consortium Agreement
5
Total points
100
8.2.
2. Phase 2.2: Functionality (Each Independent Service)
A total of 100 points have been allocated for phase 2.2. Bidders who do not meet the
minimum threshold of 60 points will be disqualified.
Sum
mary of the functionality table for each independent service (CATEGORY 2)
Description
Points
Company Experience
40
Qualifications of Key Personnel
20
Experience of Key Personnel
20
Quality Assurance Systems
20
Total points
100
8.2.
3. Phase 2.3: Functionality (Each Individual Specialists)
A total of 100 points have been allocated for phase 2.3. Bidders who do not meet the
minimum threshold of 60 points will be disqualified.
Sum
mary of the functionality table for each individual specialist (CATEGORY 3)
Description
Points
Company Experience
40
Qualifications of Key Personnel
20
Experience of Key Personnel
20
Quality Assurance Systems
20
Total points
100
GT/GDARD/152/2018
SECTION 1- ISSUE DATE: 2018-10-22
Page 31 of 66
16
Qualifications of required key personnel
The Bidder must submit copies of qualifications and respective council registration (certification is compulsory). Bidders with foreign
qualification must provide proof of such evaluation and result by South African Qualification Authority (SAQA) for the qualification
equivalence determination. The minimum qualifications and council registration to be considered are:
No.
Personnel
Qualification
Professional Council Registration
Council
Status
1
Architect
Bachelor’s Degree or B-Tech in Architecture
SACAP
Pr. Technologist
2
Urban Designer
Master’s Degree in Urban Design and/ or
Planning
UDISA
Pr. Urban Designer
3
Civil/Structural
Engineer
B-Tech/BSc/B-Eng in Civil Engineering
ECSA
Pr. Technologist or Pr. Engineer
4
Electrical Engineer
B-Tech/BSc/B-Eng in Electrical Engineering
ECSA
Pr. Technologist or Pr. Engineer
5
Electronic Engineer
B-Tech/BSc/B-Eng in Electronic Engineering
ECSA
Pr. Technologist or Pr. Engineer
6
Mechanical Engineer
B-Tech/BSc/B-Eng in Mechanical
Engineering
ECSA
Pr. Technologist or Pr. Engineer
7
Quantity Surveyor
B-Tech/BSc in Quantity Surveying
SACQSP
Pr. Quantity Surveyor
8
Town and Regional
Planner
Bachelor’s Degree in Town and Regional
Planning
SACPLAN
Pr. Planner
9
Geotechnical
Engineer
B-Tech/BSc/B-Eng: Geotechnical
Engineering
ECSA
Pr. Technologist or Pr. Engineer
10
Agricultural Engineer
B-Tech/BSc/B-Eng: Agricultural Engineering
ECSA
Pr. Technologist or Pr. Engineer
11
Land Surveyor
B-Tech/ Bsc in Land Surveying
SAGC
Pr. Land Surveyor
12
Environmentalist
Bachelor’s Degree in Environmental
Sciences
SACNASP
Pr.Sci.Nat
13
Occupational Health
and Safety Specialist
Diploma in Occupational Health and Safety
SAIOSH
Grad. Saiosh
14
Construction Project
Manager
B-Tech/BSc in Construction Project
Manager/ Civil Engineering/ Architecture/
Quantity Surveyor
SACPCMP
Pr. CPM
15
Geohydrologist
Diploma in Geology/Hydrogeology
SACNASP
Pr. Practitioner
16
Social Facilitator
Diploma in Community Development or
equivalent
N/A
N/A
Note 1: It is the responsibility of each successful individual to ensure that their professional registration is maintained
throughout the contract term.
Note 2: All professionals submitted and qualified with this bid will be responsible to undertake the work issued by GDARD.
GT/GDARD/152/2018
SECTION 1- ISSUE DATE: 2018-10-22
Page 32 of 66
17
CRITERIA (FOR CORE: SINGLE/JV/CONSORTIUM)CATEGORY 1
POINTS
COMPANY EXPERIENCE ON ANY OF THE CORE SERVICES (For e.g.:
Civil, Architectural, Project Management, Agricultural and Electrical)
Max = 10
4 x Signed Letters of Final / Stage Completion from Previous / Current Clients of
R 600 000 minimum each for professional fees only, including vat
10
3 x Signed Letters of Final / Stage Completion from Previous / Current Clients of
R 600 000 minimum each for professional fees only, including vat
7
2 x Signed Letters of Final / Stage Completion from Previous / Current Clients of
R 600 000 minimum each for professional fees only, including vat
5
1 x Signed Letter of Final / Stage Completion from Previous / Current Clients of
R 600 000 minimum each for professional fees only, including vat
3
0 x Signed Letters of Final / Stage Completion from Previous / Current Clients of
R 600 000 minimum each for professional fees only, including vat
0
NB. GDARD reserves the right to verify all letters
QUALIFICATIONS OF KEY PERSONNEL (Only highest certified qualification
submitted will be considered)
Max = 40
Architect:
Master’s Degree or above in Architecture
5
Honors Degree in Architecture
4
Bachelor’s Degree or B-Tech in Architecture
3
Diploma or less
0
Civil Engineer:
Master’s Degree or above in Civil Engineering
5
B-Tech/BSc/B-Eng in Civil Engineering
3
Diploma or less
0
Structural Engineer:
Master’s Degree or above in Structural Engineering
5
B-Tech/BSc/B-Eng in Structural Engineering
3
Diploma or less
0
Electrical Engineer:
Master’s Degree or above in Electrical Engineering
5
B-Tech/BSc/B-Eng in Electrical Engineering
3
Diploma or less
0
Electronic Engineer:
Master’s Degree or above in Electronic Engineering
5
B-Tech/BSc/B-Eng in Electronic Engineering
3
Diploma or less
0
Mechanical Engineer:
Master’s Degree or above in Mechanical Engineering
5
B-Tech/BSc/B-Eng in Mechanical Engineering
3
Diploma or less
0
Occupational Health & Safety Specialist:
Bachelor’s Degree or above in Occupational Health and Safety
5
Diploma in Occupational Health and Safety
3
Certificate or less
0
Construction Project Manager:
Master’s Degree or above in Project Manager/ Civil Engineering/ Architecture/
Quantity Surveyor
5
B-Tech/BSc/B-Eng in Construction Project Manager/ Civil Engineering/ Architecture/
Quantity Surveyor
3
Diploma or less
0
GT/GDARD/152/2018
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Page 33 of 66
18
EXPERIENCE OF KEY PERSONNEL (ATTACH CV AND REGISTRATION
AS SPECIFIED BELOW)
Max = 40
Architect:
More than 5 years post registration
5
3 to 5 years post registration
3
Less than 3 years’ post registration
0
Civil Engineer:
More than 3 years post registration
5
1 to 3 years post registration
3
Less than 1 year post registration
0
Structural Engineer:
More than 3 years’ post registration
5
1 to 3 years post registration
3
Less than 1 year post registration
0
Electrical Engineer:
More than 3 years post registration
5
1 to 3 years post registration
3
Less than 1 year post registration
0
Electronic Engineer:
More than 3 years post registration
5
1 to 3 years post registration
3
Less than 1 year post registration
0
Mechanical Engineer:
More than 3 years post registration
5
1 to 3 years post registration
3
Less than 1 year post registration
0
Occupational Health & Safety Specialist:
More than 5 years post registration
5
3 to 5 years post registration
3
Less than 3 years post registration
0
Construction Project Manager:
More than 5 years post registration
5
3 to 5 years post registration
3
Less than 3 years post registration
0
QUALITY ASSURANCE SYSTEMS
Max = 5
Lead Partner/Single submits proof of SANS 9000 / ISO 9001 certificate
5
Lead Partner/Single submits proof of currently undergoing SANS 9000 / ISO 9001
certificate process
3
Lead Partner/Single does not submit proof of SANS 9000 / ISO 9001 certificate
0
JOINT VENTURE/CONSORTIUM AGREEMENT
Max = 5
PSP is a Single Service Provider that has ALL required professionals under the
company.
5
PSP submitted Signed JV/Consortium Agreement clearly indicating lead consultant
AND proposed revenue split.
5
PSP does not submit Signed JV/Consortium Agreement clearly indicating lead
consultant AND proposed revenue split.
0
GT/GDARD/152/2018
SECTION 1- ISSUE DATE: 2018-10-22
Page 34 of 66
19
CRITERIA (FOR INDEPENDENT SERVICES) - CATEGORY 2
POINTS
COMPANY EXPERIENCE ON ANY OF THE INDEPENDENT SERVICES
(Quantity Surveying and Social Facilitator)
Max = 40
4 x Signed Letters of Final / Stage Completion from Previous / Current Clients of
R 150 000 minimum each for professional fees only, including vat
40
3 x Signed Letters of Final / Stage Completion from Previous / Current Clients of
R 150 000 minimum each for professional fees only, including vat
30
2 x Signed Letters of Final / Stage Completion from Previous / Current Clients of
R 150 000 minimum each for professional fees only, including vat
20
1 x Signed Letter of Final / Stage Completion from Previous / Current Clients of
R 150 000 minimum each for professional fees only, including vat
10
0 x Signed Letters of Final / Stage Completion from Previous / Current Clients of
R 150 000 minimum each for professional fees only, including vat
0
NB. GDARD reserves the right to verify all letters
QUALIFICATIONS OF KEY PERSONNEL (Only highest certified qualification
submitted will be considered)
Max = 20
Quantity Surveyor:
Master’s Degree or above in Quantity Surveying
20
B-Tech/BSc in Quantity Surveying
10
Diploma or less
0
Social Facilitator:
Master’s Degree or above in Community Development or Equivalent
20
B-Tech/BSc/B-Eng in Community Development or Equivalent
10
Diploma or less
0
EXPERIENCE OF KEY PERSONNEL (ATTACH CV AND REGISTRATION
AS SPECIFIED BELOW)
Max = 20
Quantity Surveyor:
More than 5 years post registration
20
3 to 5 years post registration
10
Less than 3 years post registration
0
Social Facilitator:
More than 5 years post qualification
20
3 to 5 years post qualification
10
Less than 3 years post qualification
0
QUALITY ASSURANCE SYSTEMS
Max = 20
Service Provider submits proof of SANS 9000 / ISO 9001 certificate
20
Service Provider submits proof of currently undergoing SANS 9000 / ISO 9001
certificate process
10
Service Provider does not submit proof of SANS 9000 / ISO 9001 certificate
0
GT/GDARD/152/2018
SECTION 1- ISSUE DATE: 2018-10-22
Page 35 of 66
20
CRITERIA (FOR INDIVIDUAL SPECIALIST SERVICES) - CATEGORY 3
POINTS
COMPANY EXPERIENCE ON ANY OF THE SPECIALIST SERVICES (Urban
Design, Environmental, Town Planning, Land Survey, Geotechnical,
Agricultural, Geohydrologist)
Max = 40
4 x Signed Letters of Final / Stage Completion from Previous / Current Clients of
R 150 000 minimum each for professional fees only, including vat
40
3 x Signed Letters of Final / Stage Completion from Previous / Current Clients of
R 150 000 minimum each for professional fees only, including vat
30
2 x Signed Letters of Final / Stage Completion from Previous / Current Clients of
R 150 000 minimum each for professional fees only, including vat
20
1 x Signed Letter of Final / Stage Completion from Previous / Current Clients of
R 150 000 minimum each for professional fees only, including vat
10
0 x Signed Letters of Final / Stage Completion from Previous / Current Clients of
R 150 000 minimum each for professional fees only, including vat
0
NB. GDARD reserves the right to verify all letters
QUALIFICATIONS OF KEY PERSONNEL (Only highest certified qualification
submitted will be considered)
Max = 20
Urban Designer:
Master’s Degree or above in Urban Design and/ or Planning
20
Honours Degree or less
0
Town & Regional Planner:
Master’s Degree or above in Town and Regional Planning
20
Honours Degree in Town and Regional Planning
15
Bachelor’s Degree in Town and Regional Planning
10
Diploma or less
0
Geotechnical Engineer:
Master’s Degree or above in Geotechnical Engineering
20
B-Tech/BSc/B-Eng in Geotechnical Engineering
10
Diploma or less
0
Agricultural Engineer:
Master’s Degree or above in Agricultural Engineering
20
B-Tech/BSc/B-Eng in Agricultural Engineering
10
Diploma or less
0
Land Surveyor:
Master’s Degree or above in Land Surveying
20
B-Tech/ Bsc in Land Surveying
10
Diploma or less
0
Environmentalist:
Master’s Degree or above in Environmental Sciences
20
Honours Degree in Environmental Sciences
15
Bachelor’s Degree in Environmental Sciences
10
Diploma or less
0
Geohydrologist:
Master’s Degree or above in Geology or Hydrogeology
20
Honours Degree in Geology or Hydrogeology
15
Bachelor’s Degree in Geology or Hydrogeology
10
Diploma or less
0
GT/GDARD/152/2018
SECTION 1- ISSUE DATE: 2018-10-22
Page 36 of 66
21
EXPERIENCE OF KEY PERSONNEL (ATTACH CV AND REGISTRATION AS
SPECIFIED BELOW)
Max = 20
Urban Designer:
More than 5 years post registration
20
3 to 5 years post registration
10
Less than 3 year post registration
0
Town & Regional Planner:
More than 5 years post registration
20
3 to 5 years post registration
10
Less than 3 years post registration
0
Geotechnical Engineer:
More than 3 years post registration
20
1 to 3 years post registration
10
Less than 1 year post registration
0
Agricultural Engineer:
More than 3 years post registration
20
1 to 3 years post registration
10
Less than 1 year post registration
0
Land Surveyor:
More than 5 years post registration
20
3 to 5 years post registration
10
Less than 3 years post registration
0
Environmentalist:
More than 5 years post registration
20
3 to 5 years post registration
10
Less than 3 years post registration
0
Geohydrologist:
More than 5 years post registration
20
3 to 5 years post registration
10
Less than 3 years post registration
0
QUALITY ASSURANCE SYSTEMS
Max = 20
Service Provider submits proof of SANS 9000 / ISO 9001 certificate
20
Service Provider submits proof of currently undergoing SANS 9000 / ISO 9001
certificate process
10
Service Provider does not submit proof of SANS 9000 / ISO 9001 certificate
0
St
ructure of all CVs:
Personal particulars
Name and Surname
ID Number or Passport Number
Tertiary Qualification/s with associated completed years
Work Experience, including current and previous employers
Professional registration
Contactable references
Work permit valid for contract term (36 months from appointment date)
GT/GDARD/152/2018
SECTION 1- ISSUE DATE: 2018-10-22
Page 37 of 66
22
9. SUBMISSION OF P
ROPOSAL
Bidders must deliver the submission in one envelope for EACH category of service:
Core Services - Single, JV or Consortium (Category 1)
Independent Services (Category 2)
Individual Specialist Services (Category 3)
Ensure that all pages are completed in full and duly signed. The address for delivery of submissions
and identification details to be shown on each submission package is as follows:
Ad
dress
Gauteng Provincial Treasury, Imbumba House, 75 Fox Street, Marshalltown, Johannesburg.
Env
elope: Phase 1 to 2 Evaluation
Name of Bidder
Description of proposal
RFP Number
Closing date and time
Category number
10. TE
AMING AGREEMENTS
In the case of Consortium/Joint Venture, proposals must contain:
a) Signed Teaming Agreements;
b) Lead Partner
c) Proposed revenue split; and
d) A trust, consortium or joint venture (including unincorporated consortia and joint ventures) must
submit a consolidated B-BBEE Status Level Verification Certificate for every separate tender
11. RFP PREPARATION INSTRUCTIONS
In responding to the RFP, the Service Provider (SP) accepts full responsibility to understand the RFP
in its entirety, and in detail, including making any enquiries to GDARD as necessary to gain such
understanding. GDARD reserves the right to disqualify any SP who demonstrates less than such
understanding. Further, GDARD reserves the right to determine, at its sole discretion, whether the SP
has demonstrated such understanding. That right extends to cancellation of award, if award has been
made. Such disqualification and /or cancellation shall be at no fault, or liability whatsoever to GDARD.
Formal Communications shall include, but are not limited to:
Questions concerning this RFP must be submitted in writing including errors and omissions in this RFP.
SP’s shall recommend to GDARD any discrepancies, errors, or omissions that may exist within this
RFP.
GT/GDARD/152/2018
SECTION 1- ISSUE DATE: 2018-10-22
Page 38 of 66
23
12. NO LIABILITY
G
DARD reserves the right to accept or reject any proposal or stop the procurement process at any time.
GDARD shall not be liable to any respondent, person, or entity for any losses, expenses, costs, claims,
or damages of any kind:
Arising out of, by reason of, or attributable to, the respondent responding to this RFP; or
As a result of the use of any information, error, or omission contained in this RFP document
or provided during the RFP process.
13. COM
PULSORY BRIEFING
Compulsory briefing session will be held for clarity and to provide PSPs an opportunity for questions.
Note: SP must ensure that they attend the briefing session. Failure to attend this compulsory briefing
session will result in immediate disqualification.
Suppl
y Chain Management related question may be directed to:
Mr. Muthundinne Nethomboni
Supply Chain Management Directorate
Tel: 011 240 3339
Email: muthundinne.nethomboni@gauteng.gov.za
Techni
cal related questions may be directed to:
Ms. Noxolo Moroka Ms. Sithabile Mdlalose
Infrastructure Development Directorate AND Infrastructure Development Directorate
Tel: 011 240 2613 Tel: 011 240 3444
Email: noxolo.moroka@gauteng.gov.za Email: sithabile.mdlalose@gauteng.gov.za
14. SUC
CESSFUL PANELIST
The Department reserves the right to appoint:
a) Multi-PSPs for various units, or
b) Not any PSP at all
Not
e: The above is subject to signing a framework agreement after pre-qualifying.
GT/GDARD/152/2018
SECTION 1- ISSUE DATE: 2018-10-22
Page 39 of 66
Provincial Supply Chain
Management
Registered Supplier
Confirmation
Page 1 of 1
Filename: RFP8.1GPT Revision: 5 Release Date: 10/08/2016
PLEASE NOTE:
SUPPLIERS ARE REQUIRED TO PROVIDE THEIR REGISTERED CENTRAL SUPPLIER DATABASE (CSD)
NUMBER ___________________________
For confirmation of your supplier number and/or any assistance please call the GPT Call Centre on
0860 011 000.
Registered Suppliers to ensure that all details completed below are CURRENT.
MANDATORY SUPPLIER DETAILS
GPT Supplier number
Company name (Legal & Trade as)
Company registration No
Tax Number
VAT number (If applicable)
Street Address Postal Address
CONTACT DETAILS
Contact Person Telephone Number
Fax Number Cell Number
e-mail address Principal’s Id number
BANKING DETAILS (in the name of the Company)
Bank Name Branch Code
Account Number Type of Account
I HEREBY CERTIFY THAT THIS INFORMATION IS CORRECT.
THIS FORM IS TO BE COMPLETED BY REGISTERED SUPPLIERs ONLY
Na
me(s) & Signature(s) of Bidder(s)
DATE:
GT/GDARD/152/2018
SECTION 1- ISSUE DATE: 2018-10-22
Page 40 of 66
Provincial Supply Chain
Management
Tax Clearance
Requirements
Page 1 of 1
Filename: RFP09GPT (SBD 2) Revision: 07 Release Date: 12/09/2017
IT IS
A CONDITION OF BIDDING THAT -
1.1 Th
e taxes of the successful bidder must
be in order, or that satisfactory arrangements have been made
with the South African Revenue Service to meet his / her tax obligations.
1.2 The
South African Revenue Service (SARS) from the 18 April 2016 has introduced an enhanced Tax
Compliance Status System, whereby taxpayers will obtain their Tax Compliance Status (TCS) PIN instead of
original Tax Clearance Certificate hard copies.
1.3 Bi
dders are required to submit their unique Personal Identification Number (PIN) issued by SARS to enable
the organ of state to view the taxpayer’s profile and Tax Status.
1.4 Ap
plication for Tax Compliance Status (TCS) or PIN may also be made via e-filing. In order to use this
provision, taxpayers will need to register with SARS as e-filers through the website www.sars.gov.za.
1.5
Please note that not all Government Institutions will be able to utilise the Tax Compliance
Status PIN at this stage and in such instances, bidders must supply printed Tax Clearance
Certificate
1.6 In
bids where Consortia / Joint Ventures / Sub-contractors are involved each party must submit a separate
Tax Compliance Status (TCS) / PIN / CSD Number.
1.7 Wh
ere no TCS is available but the bidder is registered on the Central Supplier Database (CSD), a CSD
Number must be provided.
QUES
TIONNAIRE TO BIDDING FOREIGN SUPPLIERS
2.1 Is the bidder a resident of the Republic of South Africa (RSA)? YES NO
2.2 Does the bidder have a branch in RSA? YES NO
2.3 Does the bidder have a permanent establishment in the RSA? YES NO
2.4 Does the bidder have any source of income in the RSA? YES NO
IF THE ANSWER IS “NO” TO ALL OF THE ABOVE, THEN, IT IS NOT A REQUIREMENT TO OBTAIN
A TAX COMPLIANCE STATUS/TAX COMPLIANCE SYSTEM PIN CODE FROM THE SOUTH
AFRICAN REVENUE SERVICE (SARS) AND IF NOT REGISTER AS PER ABOVE 1.4 ABOVE.
GT/GDARD/152/2018
SECTION 1- ISSUE DATE: 2018-10-22
Page 41 of 66
Provincial Supply Chain
Management
Financial Statements
Page 1 of 1
Submission of Financial Statements
Filename: RFP09.1GPT Revision: 03 Release Date: 11/07/2017
The latest financial statements for the last two years are required (except if it is
a new or a dormant entity)
a) Financial statements must be signed by the auditor (in the case of companies)
or the accounting officer (in the case of close corporations) the owner (in case of
sole proprietors). Signatures must be on the accounting officer’s / auditors report
on the auditor’s /accounting officer’s letterhead.
b) Financial statements must be signed by the member/s (in the case of close
corporations) or by the director/s (in the case of companies.)
c) In bids where consortia/joint ventures/sub-contractors and partnerships are
involved, all bidders must submit their financial statements.
d) If it is a new or dormant entity an opening set of financial statements must be
submitted with the tender document. A letter from the auditor (in the case of
companies) or the accounting officer (in the case of close corporations) stating
that the entity has not yet traded must be attached.
e) In cases where an entity has operated for a period less than a year the
Management Accounts Report for the period in operation must be submitted
signed accordingly as stated in paragraph (a) and (b) of this document.
f) In cases where the entity has operated for a period more than a year but less
that two years, then the financial statement for the first year of operation signed
accordingly as per paragraph (a) and (b) of this document must be submitted.
GT/GDARD/152/2018
SECTION 1- ISSUE DATE: 2018-10-22
Page 42 of 66
1
SBD 9
CERTIFICATE OF INDEPENDENT BID DETERMINATION
1 This Standard Bidding Document (SBD) must form part of all bids¹ invited.
2 Section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998, as amended, prohibits an
agreement between, or concerted practice by, firms, or a decision by an association of
firms, if it is between parties in a horizontal relationship and if it involves collusive
bidding (or bid rigging).² Collusive bidding is a pe se prohibition meaning that it cannot
be justified under any grounds.
3 Treasury Regulation 16A9 prescribes that accounting officers and accounting authorities
must take all reasonable steps to prevent abuse of the supply chain management
system and authorizes accounting officers and accounting authorities to:
a. disregard the bid of any bidder if that bidder, or any of its directors have abused
the institution’s supply chain management system and or committed fraud or any
other improper conduct in relation to such system.
b. cancel a contract awarded to a supplier of goods and services if the supplier
committed any corrupt or fraudulent act during the bidding process or the
execution of that contract.
4 This SBD serves as a certificate of declaration that would be used by institutions to
ensure that, when bids are considered, reasonable steps are taken to prevent any form
of bid-rigging.
5 In order to give effect to the above, the attached Certificate of Bid Determination (SBD 9)
must be completed and submitted with the bid:
¹
Includespricequotations,advertisedcompetitivebids,limitedbidsandproposals.
²Bidrigging(orcollusivebidding)occurswhenbusinesses,thatwouldotherwisebeexpectedtocompete,secretlyconspiretoraisepricesor
lower the quality of goods and / or services for purchasers who wish to acquire goods and / or se
rvices through a bidding process.Bid
riggingis,therefore,anagreementbetweencompetitorsnottocompete.
GT/GDARD/152/2018
SECTION 1- ISSUE DATE: 2018-10-22
Page 43 of 66
2
SBD 9
CERTIFICATE OF INDEPENDENT BID DETERMINATION
I, the undersigned, in submitting the accompanying bid:
________________________________________________________________________
(Bid Number and Description)
in response to the invitation for the bid made by:
______________________________________________________________________________
(Name of Institution)
do hereby make the following statements that I certify to be true and complete in every respect:
I certify, on behalf of:_______________________________________________________that:
(Name of Bidder)
1. I have read and I understand the contents of this Certificate;
2. I understand that the accompanying bid will be disqualified if this Certificate is found not
to be true and complete in every respect;
3. I am authorized by the bidder to sign this Certificate, and to submit the accompanying
bid, on behalf of the bidder;
4. Each person whose signature appears on the accompanying bid has been authorized by
the bidder to determine the terms of, and to sign the bid, on behalf of the bidder;
5. For the purposes of this Certificate and the accompanying bid, I understand that the
word “competitor” shall include any individual or organization, other than the bidder,
whether or not affiliated with the bidder, who:
(a) has been requested to submit a bid in response to this bid invitation;
(b) could potentially submit a bid in response to this bid invitation, based on
their qualifications, abilities or experience; and
(c) provides the same goods and services as the bidder and/or is in the same
line of business as the bidder
GT/GDARD/152/2018
SECTION 1- ISSUE DATE: 2018-10-22
Page 44 of 66
3
SBD 9
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.
³JointventureorConsortiummeansanassociationofpersonsforthepurposeofcombiningtheirexpertise,property,capital,efforts,skill
andknowledgeinanactivityfortheexecutionofacontract.
GT/GDARD/152/2018
SECTION 1- ISSUE DATE: 2018-10-22
Page 45 of 66
4
SBD 9
10. I am aware that, in addition and without prejudice to any other remedy provided to
combat any restrictive practices related to bids and contracts, bids that are suspicious
will be reported to the Competition Commission for investigation and possible imposition
of administrative penalties in terms of section 59 of the Competition Act No 89 of 1998
and or may be reported to the National Prosecuting Authority (NPA) for criminal
investigation and or may be restricted from conducting business with the public sector
for a period not exceeding ten (10) years in terms of the Prevention and Combating of
Corrupt Activities Act No 12 of 2004 or any other applicable legislation.
………………………………………………… …………………………………
Signature Date
…………………………………………………. …………………………………
Position Name of Bidder
Js914w 2
GT/GDARD/152/2018
SECTION 1- ISSUE DATE: 2018-10-22
Page 46 of 66
1
Annexure A
GOVERNMENT PROCUREMENT
GENERAL CONDITIONS OF CONTRACT
July 2010
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.
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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 analysis
9. Packing
10. Delivery and documents
11. Insurance
12. Transportation
13. Incidental services
14. Spare parts
15. Warranty
16. Payment
17. Prices
18. Contract amendments
19. Assignment
20. Subcontracts
21. Delays in the supplier’s performance
22. Penalties
23. Termination for default
24. Dumping and countervailing duties
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. National Industrial Participation Programme (NIPP)
34. Prohibition of restrictive practices
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General Conditions of Contract
1. Definitions
1. The following terms shall be interpreted as indicated:
1.1 “Closing time” means the date and hour specified in the bidding
documents for the receipt of bids.
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 supplies 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.
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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 bid submission) designed to establish bid 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 bidding 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 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 supplies covered by the bid will be
manufactured.
1.17 “Local content” means that portion of the bidding 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 bidding
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.
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1.25 “Written” or “in writing” means handwritten in ink or any form of
electronic or mechanical writing.
2. Application
2.1 These general conditions are applicable to all bids, contracts and orders
including bids for functional and professional services, sales, hiring,
letting and the granting or acquiring of rights, but excluding
immovable property, unless otherwise indicated in the bidding
documents.
2.2 Where applicable, special conditions of contract are also laid down to
cover specific supplies, 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 bidding documents, the purchaser
shall not be liable for any expense incurred in the preparation and
submission of a bid. Where applicable a non-refundable fee for
documents may be charged.
3.2 With certain exceptions, invitations to bid are only published in the
Government Tender Bulletin. The Government Tender Bulletin may be
obtained directly from the Government Printer, Private Bag X85,
Pretoria 0001, or accessed electronically from www.treasury.gov.za
4. Standards
4.1 The goods supplied shall conform to the standards mentioned in the
bidding 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.
7. Performance
7.1 Within thirty (30) days of receipt of the notification of contract award,
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security
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
bidding 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 in SCC.
8. Inspections,
tests and
analyses
8.1 All pre-bidding testing will be for the account of the bidder.
8.2 If it is a bid condition that supplies to be produced or services to be
rendered should at any stage during production or execution or on
completion be subject to inspection, the premises of the bidder or
contractor shall be open, at all reasonable hours, for inspection by a
representative of the Department or an organization acting on behalf of
the Department.
8.3 If there are no inspection requirements indicated in the bidding
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 supplies 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 supplies or services referred to in clauses 8.2 and 8.3 do not
comply with the contract requirements, irrespective of whether such
supplies or services are accepted or not, the cost in connection with
these inspections, tests or analyses shall be defrayed by the supplier.
8.6 Supplies 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 supplies may on or after delivery be inspected, tested or
analyzed and may be rejected if found not to comply with the
requirements of the contract. Such rejected supplies shall be held at the
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cost and risk of the supplier who shall, when called upon, remove them
immediately at his own cost and forthwith substitute them with
supplies which do comply with the requirements of the contract.
Failing such removal the rejected supplies shall be returned at the
suppliers cost and risk. Should the supplier fail to provide the
substitute supplies forthwith, the purchaser may, without giving the
supplier further opportunity to substitute the rejected supplies,
purchase such supplies 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 23 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, specified in SCC, and in any subsequent
instructions ordered by the purchaser.
10. Delivery
and documents
10.1 Delivery of the goods shall be made by the supplier in accordance with
the terms specified in the contract. The details of shipping and/or other
documents to be furnished by the supplier are specified in SCC.
10.2 Documents to be submitted by the supplier are specified in SCC.
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 in the SCC.
12. Transportation
12.1 Should a price other than an all-inclusive delivered price be required,
this shall be specified in the SCC.
13. Incidental
services
13.1 The supplier may be required to provide any or all of the following
services, including additional services, if any, specified in SCC:
(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,
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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 in SCC, 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 in SCC.
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 in SCC 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 in SCC, the purchaser may proceed to take
such remedial action as may be necessary, at the supplier’s risk and
expense and without prejudice to any other rights which the purchaser
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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 in SCC.
16.2 The supplier shall furnish the purchaser with an invoice accompanied
by a copy of the delivery note and upon fulfillment 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 in SCC.
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 bid, with the exception of any price adjustments
authorized in SCC or in the purchaser’s request for bid validity
extension, as the case may be.
18. Contract
amendments
18.1 No variation in or modification of the terms of the contract shall be
made except by written amendment signed by the parties concerned.
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 this contracts if not already specified in the bid. Such
notification, in the original bid 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, its 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 No provision in a contract shall be deemed to prohibit the obtaining of
supplies or services from a national department, provincial department,
or a local authority.
21.4 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
supplies are required, or the supplier’s services are not readily
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available.
21.5 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
21.2 without the application of penalties.
21.6 Upon any delay beyond the delivery period in the case of a supplies
contract, the purchaser shall, without canceling the contract, be entitled
to purchase supplies 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 judgment 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.
23.3 Where the purchaser terminates the contract in whole or in part, the
purchaser may decide to impose a restriction penalty on the supplier by
prohibiting such supplier from doing business with the public sector for a
period not exceeding 10 years.
23.4 If a purchaser intends imposing a restriction on a supplier or any
person associated with the supplier, the supplier will be allowed a time
period of not more than fourteen (14) days to provide reasons why the
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envisaged restriction should not be imposed. Should the supplier fail to
respond within the stipulated fourteen (14) days the purchaser may regard
the intended penalty as not objected against and may impose it on the
supplier.
23.5 Any restriction imposed on any person by the Accounting Officer /
Authority will, at the discretion of the Accounting Officer / Authority,
also be applicable to any other enterprise or any partner, manager,
director or other person who wholly or partly exercises or exercised or
may exercise control over the enterprise of the first-mentioned person,
and with which enterprise or person the first-mentioned person, is or was
in the opinion of the Accounting Officer / Authority actively associated.
23.6 If a restriction is imposed, the purchaser must, within five (5) working
days of such imposition, furnish the National Treasury, with the
following information:
(i) the name and address of the supplier and / or person restricted by the
purchaser;
(ii) the date of commencement of the restriction
(iii) the period of restriction; and
(iv) the reasons for the restriction.
These details will be loaded in the National Treasury’s central database
of suppliers or persons prohibited from doing business with the public
sector.
23.7 If a court of law convicts a person of an offence as contemplated in
sections 12 or 13 of the Prevention and Combating of Corrupt Activities
Act, No. 12 of 2004, the court may also rule that such person’s name be
endorsed on the Register for Tender Defaulters. When a person’s name
has been endorsed on the Register, the person will be prohibited from
doing business with the public sector for a period not less than five years
and not more than 10 years. The National Treasury is empowered to
determine the period of restriction and each case will be dealt with on its
own merits. According to section 32 of the Act the Register must be
open to the public. The Register can be perused on the National Treasury
website.
24. Anti-dumping
and countervailing
duties and rights
24.1 When, after the date of bid, provisional payments are required, or anti-
dumping or countervailing duties are imposed, or the amount of a
provisional payment or anti-dumping 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 contractor to the
State or the State may deduct such amounts from moneys (if any)
which may otherwise be due to the contractor in regard to supplies 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
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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.
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
28. Limitation of
liability
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.
27.3 Should it not be possible to settle a dispute by means of mediation, it
may be settled in a South African court of law.
27.4 Mediation proceedings shall be conducted in accordance with the rules
of procedure specified in the SCC.
27.5 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.
28.1 Except in cases of criminal negligence or willful 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
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(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 in SCC.
31. Notices
31.1 Every written acceptance of a bid 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 bid 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 bid the Department must be in
possession of a tax clearance certificate, submitted by the bidder.
This certificate must be an original issued by the South African
Revenue Services.
33. National
Industrial
Participation (NIP)
Programme
34. Prohibition of
Restrictive practices
33.1 The NIP Programme administered by the Department of Trade and
Industry shall be applicable to all contracts that are subject to the
NIP obligation.
34.1 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 (or bid
rigging).
34.2 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 the
Competition Act No. 89 of 1998.
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14
34.3 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.
Js General Conditions of Contract (revised July 2010)
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Provincial Supply Chain
Management
PREFERENCE POINTS
CLAIM FORM
Page: 1 of 6
Filename: Pref00 (SBD 6.1)
Revision: 8
Release Date: 11/05/2018
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
a) The value of this bid is estimated to exceed/not exceed R50 000 000 (all applicable taxes
included) and therefore the preference point system shall be applicable; or
b)
Either the 80/20 or 90/10 preference point system will be applicable to this tender (delete
whichever is not applicable for this tender).
1.3 Points for this bid shall be awarded for:
(a) Price; and
(b) B-BBEE Status Level of Contributor.
1.4 The maximum points for this bid are allocated as follows:
POINTS
PRICE
B-BBEE STATUS LEVEL OF CONTRIBUTOR
Total points for Price and B-BBEE must not
exceed
100
1.5 Failure on the part of a bidder to submit proof of B-BBEE Status level of contributor together
with the bid will be interpreted to mean that preference points for B-BBEE status level of
contribution are not claimed.
1.6 The purchaser
reserves the right to require of a bidder, either before a bid is adjudicated or at
any time subsequently, to substantiate any claim in regard to preferences, in any manner
required by the purchaser.
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NA
NA
NA
Provincial Supply Chain
Management
PREFERENCE POINTS
CLAIM FORM
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Filename: Pref00 (SDB 6.1)
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Release Date: 11/05/2018
2. DEFINITIONS
(a) “B-BBEE” means broad-based black economic empowerment as defined in section 1 of the
Broad-Based Black Economic Empowerment Act;
(b) “B-BBEE status level of contributor” means the B-BBEE status of an entity in terms of a
code of good practice on black economic empowerment, issued in terms of section 9(1) of
the Broad-Based Black Economic Empowerment Act;
(c) “bid” means a written offer in a prescribed or stipulated form in response to an invitation by
an organ of state for the provision of goods or services, through price quotations, advertised
competitive bidding processes or proposals;
(d) “Broad-Based Black Economic Empowerment Act” means the Broad-Based Black
Economic Empowerment Act, 2003 (Act No. 53 of 2003);
(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 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;
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PREFERENCE POINTS
CLAIM FORM
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Filename: Pref00 (SDB 6.1)
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Release Date: 11/05/2018
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
min
180
P
PPt
Ps
or
min
min
190
P
PPt
Ps
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
4 5 12
5 4 8
6 3 6
7 2 4
8 1 2
Non-compliant
contributor
0 0
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CLAIM FORM
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5. BID DECLARATION
5.1 Bidders who claim points in respect of B-BBEE Status Level of Contribution must complete the
following:
6. B-BBEE STATUS LEVEL OF CONTRIBUTOR CLAIMED IN TERMS OF PARAGRAPHS 1.4
AND 4.1
6.1 B-BBEE Status Level of Contributor: = (maximum of 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)
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?
(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
Cooperative owned by black people
Black people who are military veterans
OR
Any EME
Any QSE
If feasible to subcontract for a contract above R30 million, an
organ of state must apply subcontracting to advance designated
groups. (As per Preferential Procurement Regulations 2017)
YES
NO
YES NO
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PREFERENCE POINTS
CLAIM FORM
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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 [T
ICK APPLICABLE BOX]
- Partnership/Joint Venture / Consortium
- One person business/sole propriety
- Close corporation
- Company
- (Pty) Limited
8.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES
8.6 COMPANY CLASSIFICATION [T
ICK APPLICABLE BOX]
- Manufacturer
- Supplier
- Professional service provider
- Other service providers, e.g. transporter, etc.
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 contribution has been claimed or obtained on a fraudulent
basis or any of the conditions of contract have not been fulfilled, the purchaser may, in
addition to any other remedy it may have –
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PREFERENCE POINTS
CLAIM FORM
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Filename: Pref00 (SDB 6.1)
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Release Date: 11/05/2018
(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.
WITNESSES
Name(s) & Signature(s) of Bidder(s)
DATE:
ADDRESS:
1
2
GT/GDARD/152/2018
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