Appointment of Contractors CIDB Grades 8-9GB, to be … Doc_RFP140... · rfp140/2015: appointment of contractors cidb grades 6-9gb, to be added to the existing panel of contractors

DEVELOPMENT BANK OF SOUTHERN AFRICA

INVITATION TO BID

YOU ARE HEREBY INVITED TO SUBMIT BIDS FOR THE REQUIREMENTS OF THE DEVELOPMENT BANK OF SOUTHERN AFRICA

BID NUMBER: RFP 140 /2015

CLOSING DATE: 26 October 2015

CLOSING TIME: 11:00 AM (Telkom Time)

BID VALIDITY PERIOD: 120 days (commencing from the RFP Closing Date)

DESCRIPTION OF BID: Appointment of Contractors CIDB Grades 8-9GB, to be added to the existing Panel of Contractors

BID DOCUMENTS DELIVERY ADDRESS:

TENDER BOX IN THE DBSA WELCOME CENTRE 1258 LEVER ROAD

HEADWAY HILL MIDRAND

(Any document not submitted in the tender box will be rejected)

For Attention: Supply Chain Management

NB: Bidders must ensure that they sign the register at the DBSA when submitting the bids.

: The contact info below will also be used as the formal contact info if appointed.

NAME OF BIDDER

CONTACT PERSON

EMAIL ADDRESSES

TELEPHONE NUMBERs

FAX NUMBER

PHYSICAL ADDRESS

POSTAL ADDRESS

BIDDERS STAMP

RFP140/2015: APPOINTMENT OF CONTRACTORS CIDB GRADES 6-9GB, TO BE ADDED TO THE EXISTING PANEL OF CONTRACTORS

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TABLE OF CONTENTS PAGE Part A: Invitation to Bid 3

Part B: Checklist of Compulsory Returnable Schedules and Documents 5

Part C: Specifications, Conditions of tender and Undertakings by Bidder 6

Part D: Terms of Reference 24

Annexure A: SBD2 - Tax Clearance Certificate Requirement 27

Annexure B: SBD4: Declaration of Interest 28

Annexure C: SBD6.1 and B-BBEE status level certificate 32

Annexure D: SBD8: Declaration of Bidder’s Past Supply Chain Practices 38

Annexure E: SBD9: Certificate of Independent Bid Determination 40

Annexure F: Copies (copy with original) of your CIPC company registration documents listing all

members with percentages, in case of a lose corporation 43

Annexure G: Copies (copy with original) of latest share certificates, in case of a company 44

Annexure H: General Condition of Contract 45

Annexure I: Addenda Received & Forms, Certificates & Schedules 56

Annexure J: Supporting documents in responses to Responsiveness Evaluation (Certified where applicable) 71

Annexure K: Functional Evaluation Documentation – Annexure (K (i) to K (vi) 72


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PART A: INVITATION TO BID

YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF DEVELOPMENT BANK OF SOUTHERN AFRICA (“DBSA”)

BID NUMBER: RFP 140/2015 CLOSING DATE: 26 OCTOBER 2015 CLOSING TIME: 11H00 (TELKOM TIME) DESCRIPTION: APPOINTMENT OF CONTRACTORS CIDB GRADES 8-9GB, TO BE ADDED TO THE EXISTING PANEL OF CONTRACTORS.

The successful Bidder will be required to conclude a service level agreement with the DBSA

The complete set of info as per Clause 4 must be indicated on your submission envelope/s for Opening purposes.

If more than 1 envelope is submitted, it must be clearly marked as 1 of 2 etc.

Bidders should ensure that Bids are delivered timeously and to the correct address (reflected on the cover page of this document). If the Bid is late or not submitted within the correct tender box or at reception, it will not be considered for evaluation.

The Tender box is open during office hours (08:00 – 16:30) Monday to Friday. BIDDERS MUST HAVE A VALID CIDB GRADING OF 8-9GB AT DATE OF SUBMISSION.

(No 7GB PE Accepted, must be submitted under RFP141/2015) – (8GB PE & 9GB PE ACCEPTED)

INVALID OR SUSPENDED CIDB GRADINGS WILL BE DISQUALIFIED ALL BIDS MUST BE SUBMITTED ON THE OFFICIAL TENDER FORMS – (NOT TO BE RE-TYPED) AS WELL AS THE MANDATORY SUBMISSION OF THE SUMMARY EVALUATION FORM. (AVAILABLE ON THE DBSA WEBSITE UNDER RFP140/2015) THIS BID IS SUBJECT TO THE GENERAL CONDITIONS OF CONTRACT (GCC) AND, IF APPLICABLE, ANY OTHER SPECIAL CONDITIONS OF CONTRACT, WHICH ARE SET OUT IN PART C OF THIS DOCUMENT.

THE FOLLOWING PARTICULARS MUST BE FURNISHED (FAILURE TO DO SO MAY RESULT IN YOUR BID BEING DISQUALIFIED). BIDDERS THAT ARE UNINCORPORATED CONSORTIA CONSISTING OF MORE THAN ONE LEGAL ENTITY MUST SELECT A LEAD ENTITY AND FURNISH THE DETAILS OF THE LEAD ENTITY, UNLESS OTHERWISE SPECIFIED.

PLEASE NOTE THAT UNSUCCESSFUL BIDDERS WILL NOT RECEIVE A LETTER OF REGRET. THE TENDER NUMBER AND THE RELEVANT AWARD AND NON-AWARDS WILL BE PUBLISHED ON THE DBSA WEBSITE (WWW.DBSA.ORG) FOR VIEWING. BIDDERS ARE ENCOURAGED TO VIEW THE DBSA WEBSITE REGULARLY FOR ANY UPDATES.

http://www.dbsa.org/


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NAME OF BIDDER AND EACH ENTITY IN CONSORTIUM:

POSTAL ADDRESS:

STREET ADDRESS:

CONTACT PERSON (FULL NAME):

EMAIL ADDRESS:

TELEPHONE NUMBER:

FAX NUMBER:

BIDDER REGISTRATION NUMBER OR REGISTRATION NUMBER OF EACH ENTITY IN CONSORTIUM

BIDDER VAT REGISTRATION NUMBER OR VAT REGISTRATION NUMBER OF EACH ENTITY IN CONSORTIUM

TAX CLEARANCE CERTIFICATE SUBMITTED?

YES NO

BBBEE CERTIFICATE SUBMITTED? YES NO

FULL NAME OF AUTHORISED REPRESENTATIVE:

CAPACITY IN WHICH AUTHORISED REPRESENTATIVE SIGNS:

SIGNATURE OF AUTHORISED REPRESENTATIVE:

DATE OF SIGNATURE


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PART B: CHECKLIST OF COMPULSORY RETURNABLE SCHEDULES AND DOCUMENTS Please adhere to the following instructions

Tick in the relevant block below

Ensure that the following documents are completed and signed where applicable:

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

NB: Should all of these documents not be included, the Bidder may be disqualified on the basis of non-compliance YES NO

One original Bid document with one (1) copy (clearly marked as original and copy); All original Bid documents scanned to a Flash drive or readable CD

Part A: Invitation to Bid

Part B: Checklist of Compulsory Returnable Schedules and Documents

Part C: Specifications, Conditions of tender and Undertakings by Bidder

Part D: Specifications, Conditions of tender and Undertakings by Bidder Annexure A: SBD2: Tax Clearance Certificate Requirement Annexure B: SBD4: Declaration of Interest

Annexure C: SBD6.1 and B-BBEE status level certificate Annexure D: SBD8: Declaration of Bidder’s Past Supply Chain Practices

Annexure E: SBD9: Certificate of Independent Bid Determination Annexure F: Copies (copy with original) of your CIPC company registration documents listing all

members with percentages, in case of a lose corporation Annexure G: Copies (copy with original) of latest share certificates, in case of a company. Annexure H: General Condition of Contract Annexure I: Addenda Received & Forms, Certificates & Schedules Annexure J: Supporting documents in response to Responsiveness Evaluation (Certified where applicable)

Annexure K: Functional Evaluation Documentation – Annexure (K (i) to K (vi)


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PART C: SPECIFICATIONS, CONDITIONS OF TENDER AND UNDERTAKINGS BY BIDDER

1. DEFINITIONS

In this Request for Proposals, unless a contrary intention is apparent:

1.1. B-BBEE means broad-based black economic empowerment as defined in section 1 of the Broad-Based Black

Economic Empowerment Act, 2003;

1.2. B-BBEE Act means the Broad-Based Black Economic Empowerment Act, 2003;

1.3. B-BBEE status level means the B-BBEE status received by a measured entity based on its overall performance

using the relevant scorecard contained in the CA Codes of Good Practice.

1.4. Business Day means a day which is not a Saturday, Sunday or public holiday.

1.5. Bid means a written offer in the prescribed or stipulated form lodged by a Bidder in response to an invitation in

this Request for Proposal, containing an offer to provide goods, works or services in accordance with the

Specification as provided in this RFP.

1.6. Bidder means a person or legal entity, or an unincorporated group of persons or legal entities, which submit(s) a

Bid.

1.7. CA Codes of Good Practice means the Codes of Good Practice on Broad Based Black Economic Empowerment

- Chartered Accountancy Profession Sector Code, issued in terms of section 9(1) of the B-BBEE Act.

1.8. Companies Act means the Companies Act, 2008.

1.9. Compulsory Documents means the list of compulsory schedules and documents set out in Part B.

1.10. Closing Time means the time, specified as such under the clause 4.1 in Part C, by which Tenders must be

received.

1.11. DBSA means the Development Bank of Southern Africa.

1.12. DFI means development finance institution.

1.13. Evaluation Criteria means the criteria set out under the clause 26 (Evaluation Process) of this Part C, which

includes the Qualifying Criteria and Functional Criteria.

1.14. Functional Criteria means the criteria set out in clause 26.4 of this Part C.

1.15. Intellectual Property Rights includes copyright and neighbouring rights, and all proprietary rights in relation to

inventions (including patents) registered and unregistered trademarks (including service marks), registered

designs, confidential information (including trade secrets and know how) and circuit layouts, and all other

proprietary rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields.

1.16. PFMA means the Public Finance Management Act, 1999.

1.17. PPPFA means the Preferential Procurement Policy Framework Act, 2000.

1.18. PPPFA Regulations means the Preferential Procurement Regulations 2011, published in terms of the PPPFA.

1.19. Proposed Contract means the agreement including any other terms and conditions contained in or referred to in

this RFP that may be executed between the DBSA and the successful Bidder.

1.20. Responsiveness Criteria means the criteria set out in clause 26.3 of this Part C.


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1.21. Request for Proposal or RFP means this document (comprising each of the parts identified under Part A, Part

B, Part C and Part D) including all annexures and any other documents so designated by the DBSA.

1.22. SARS means the South African Revenue Service.

1.23. Services means the services required by the DBSA, as specified in this RFP Part D.

1.24. SLA means service level agreement.

1.25. SOE means State Owned Enterprise, as defined by the Companies’ Act.

1.26. Specification means the conditions of tender set and any specification or description of the DBSA’s requirements

contained in this RFP.

1.27. State means the Republic of South Africa.

1.28. Statement of Compliance means the statement forming part of a Tender indicating the Bidders compliance with

the Specification.

1.29. Tender Manager means the person so designated under clause 3 (Tender Manager) of this RFP Part C.

1.30. Tendering Process means the process commenced by the issuing of this Request for Proposals and concluding

upon formal announcement by the DBSA of the selection of a successful Bidder(s) or upon the earlier termination

of the process.

1.31. Website means a website administered by DBSA under its name with web address www.dbsa.org

2. INTERPRETATIONS

In this RFP, unless expressly provided otherwise a reference to:

2.1. “includes” or “including” means includes or including without limitation; and

2.2. “R” or “Rand” is a reference to the lawful currency of the Republic of South Africa.

3. TENDER MANAGER

The Tender Manager is:

Simon Ludik

DBSA Supply Chain Unit

Commercial & Technical Queries:

Email: [email protected]

No questions will be answered telephonically.


mailto:[email protected]


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4. SUBMISSION OF TENDERS

4.1. Tenderers need to access the link provided on the DBSA Website, Procurement and Tenders Section, specific to

RFP 140/2015. Mandatory population & submission of the Summary Evaluation Form is required. Tenderers

who do not adhere do this will be disqualified.

Tenderers need to ensure compliance to both the hard copy originals and CD/ Flash Drive versions as indicated in

the RFP document below.

Hardcopies of Tenders are to be submitted to:

Closing Date and Time 26 October at 11h00

Physical Address of Tender Box Development Bank of Southern Africa Welcome Centre 1258 Lever Road Headway Hill Midrand

Hours of access to Tender Box Monday to Friday: 08h00 to 16h30

Information to be marked on package containing Tender

The complete set of info must be indicated on your

submission envelope/s.

If more than 1 envelope is submitted, it must be

clearly marked as 1 of 2 etc.

DBSA SCM Unit RFP Ref. No. 140/2014 Name of Bidder CIDB GB GRADING For Attention: Simon Ludik

4.2 Each Bid shall be submitted with one (1) original and one (1) hard copy, bidder may be disqualified if this is not

adhered.

4.3 It is Mandatory that the hardcopy submission above must be accompanied with a CD/ Flash drive that contains the

following (exclusion of one may result in disqualification):

Complete Signed Tender Document

All Annexures and Supporting Documents in order

Excel & pdf version the Summary Evaluation Form (Available on the DBSA website under RFP140/2015)

(Excel format must be named as RFP140/2015 Bidder Name)

All other relevant documents as submitted as part of the tender pack.

All the documents loaded must be specifically named as it is in this tender.

4.4 The pdf version of the Summary Evaluation Form is for verification purposes only. If there is no Excel format

submission of the complete Summary Evaluation Form, the bid will not be evaluated.

4.5 The Summary Evaluation Form must be populated in full. Any question unanswered may result in disqualification.

5. RULES GOVERNING THIS RFP AND THE TENDERING PROCESS

5.1. Participation in the tender process is subject to compliance with the rules contained in this RFP Part C.

5.2. All persons (whether or not a participant in this tender process) having obtained or received this RFP may only use

it, and the information contained herein, in compliance with the rules contained in this RFP.

5.3. All Bidders are deemed to accept the rules contained in this RFP Part C.

5.4. The rules contained in this RFP Part C apply to:


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5.4.1. The RFP and any other information given, received or made available in connection with this RFP, and

any revisions or annexure;

5.4.2. the Tendering Process; and

5.4.3. any communications (including any briefings, presentations, meetings and negotiations) relating to the

RFP or the Tendering Process.

6. STATUS OF REQUEST FOR PROPOSAL

6.1. This RFP is an invitation for person(s) to submit a proposal(s) for the provision of the services as set out in the

Specification contained in this RFP. Accordingly, this RFP must not be construed, interpreted, or relied upon, whether

expressly or implicitly, as an offer capable of acceptance by any person(s), or as creating any form of contractual,

promissory or other rights. No binding contract or other understanding for the supply of services will exist between

the DBSA and any Bidder unless and until the DBSA has executed a formal written contract with the successful

Bidder.

7. ACCURACY OF REQUEST FOR PROPOSAL

7.1. Whilst all due care has been taken in connection with the preparation of this RFP, the DBSA makes no

representations or warranties that the content in this RFP or any information communicated to or provided to Bidders

during the Tendering Process is, or will be, accurate, current or complete. The DBSA, and its officers, employees

and advisors will not be liable with respect to any information communicated which is not accurate, current or

complete.

7.2. If a Bidder finds or reasonably believes it has found any discrepancy, ambiguity, error or inconsistency in this RFP or

any other information provided by the DBSA (other than minor clerical matters), the Bidder must promptly notify the

DBSA in writing of such discrepancy, ambiguity, error or inconsistency in order to afford the DBSA an opportunity to

consider what corrective action is necessary (if any).

7.3. Any actual discrepancy, ambiguity, error or inconsistency in this RFP or any other information provided by the DBSA

will, if possible, be corrected and provided to all Bidders without attribution to the Bidder who provided the written

notice.

8. ADDITIONS AND AMENDMENTS TO THE RFP

8.1 The DBSA reserves the right to change any information in, or to issue any addendum to this RFP before the Closing

Time. The DBSA and its officers, employees and advisors will not be liable in connection with either the exercise of,

or failure to exercise this right.

8.2 If the DBSA exercises its right to change information in terms of clause 9.1, it may seek amended Tenders from all

Bidders.


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9. REPRESENTATIONS

No representations made by or on behalf of the DBSA in relation to this RFP will be binding on the DBSA unless that

representation is expressly incorporated into the contract ultimately entered into between the DBSA and the

successful Bidder.

10. CONFIDENTIALITY

10.1 All persons (including all Bidders) obtaining or receiving this RFP and any other information in connection with this

RFP or the Tendering Process must keep the contents of the RFP and other such information confidential, and not

disclose or use the information except as required for the purpose of developing a proposal in response to this RFP.

11. REQUESTS FOR CLARIFICATION OR FURTHER INFORMATION

11.1 All communications relating to this RFP and the Tendering Process must be directed to the Tender Manager.

11.2 All questions or requests for further information or clarification of this RFP or any other document issued in

connection with the Tendering Process must be submitted to the Tender Manager in writing, and most preferably by

e-mail.

11.3 Any communication by a Bidder to the DBSA will be effective upon receipt by the Tender Manager (provided such

communication is in the required format).

11.4 The DBSA has restricted the period during which it will accept questions or requests for further information or

clarification and reserves the right not to respond to any enquiry or request, irrespective of when such enquiry or

request is received.

11.5 Except where the DBSA is of the opinion that issues raised apply only to an individual Bidder, questions submitted

and answers provided will be made available to all Bidders by e-mail, as well as on the DBSA’s website without

identifying the person or organisation which submitted the question.

11.6 In all other instances, the DBSA may directly provide any written notification or response to a Bidder by email to the

address of the Bidder (as notified by the Bidder to the Tender Manager).

11.7 A Bidder may, by notifying the Tender Manager in writing, withdraw a question submitted in accordance with clause

12, in circumstances where the Bidder does not wish the DBSA to publish its response to the question to all Bidders.

12. UNAUTHORISED COMMUNICATIONS

12.1 Communications (including promotional or advertising activities) with staff of the DBSA or their advisors assisting

with the Tendering Process are not permitted during the Tendering Process, or otherwise with the prior consent of

the Tender Manager. Nothing in this clause 12 is intended to prevent communications with staff of, or advisors to,

the DBSA to the extent that such communications do not relate to this RFP or the Tendering Process.

12.2 Bidders must not otherwise engage in any activities that may be perceived as, or that may have the effect of,

influencing the outcomes of the Tendering Process in any way.

13. IMPROPER ASSISTANCE, FRAUD AND CORRUPTION

13.1 Bidders may not seek or obtain the assistance of employees of the DBSA in the preparation of their tender


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responses.

13.2 The DBSA may in its absolute discretion, immediately disqualify a Bidder that it believes has sought or obtained

such improper assistance.

13.3 Bidders are to be familiar with the implications of contravening the Prevention and Combating of Corrupt Activities

Act, 2004 and any other relevant legislation.

14. ANTI-COMPETITIVE CONDUCT

14.1 Bidders and their respective officers, employees, agents and advisors must not engage in any collusion, anti-

competitive conduct or any other similar conduct in respect of this Tendering Process with any other Bidder or any

other person(s) in relation to:

14.1.1 the preparation or lodgement of their Bid

14.1.2 the evaluation and clarification of their Bid; and

14.1.3 the conduct of negotiations with the DBSA.

14.2 For the purposes of this clause 14, collusion, anti-competitive conduct or any other similar conduct may include

disclosure, exchange and clarification of information whether or not such information is confidential to the DBSA or

any other Bidder or any other person or organisation.

14.3 In addition to any other remedies available to it under law or contract, the DBSA may, in its absolute discretion,

immediately disqualify a Bidder that it believes has engaged in any collusive, anti-competitive conduct or any other

similar conduct during or before the Tendering Process.

15. COMPLAINTS ABOUT THE TENDERING PROCESS

15.1 Any complaint about the RFP or the Tendering Process must be submitted to the Tender Manager in writing, by

email, immediately upon the cause of the complaint arising or becoming known to the Bidder.

15.2 The written complaint must set out:

15.2.1 the basis for the complaint, specifying the issues involved;

15.2.2 how the subject of the complaint affects the organisation or person making the complaint;

15.2.3 any relevant background information; and

15.2.4 the outcome desired by the person or organisation making the complaint.

15.3 If the matter relates to the conduct of an employee of the DBSA, the complaint should be addressed in writing marked

for the attention of the Chief Executive Officer of the DBSA,

and delivered to the physical address of the DBSA, as notified.

16. CONFLICT OF INTEREST

16.1 A Bidder must not, and must ensure that its officers, employees, agents and advisors do not place themselves in a

position that may give rise to actual, potential or perceived conflict of interest between the interests of the DBSA

and the Bidder’s interests during the Tender Process.


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16.2 The Bidder is required to provide details of any interests, relationships or clients which may or do give rise to a conflict

of interest in relation to the supply of the services under any contract that may result from this RFP. If the Bidder

submits its Bid and a subsequent conflict of interest arises, or is likely to arise, which was not disclosed in the Bid,

the Bidder must notify the DBSA immediately in writing of that conflict.

16.3 The DBSA may immediately disqualify a Bidder from the Tendering Process if the Bidder fails to notify the DBSA of

the conflict as required.

17. LATE BIDS

17.1 Bids must be delivered by the Closing Time. The Closing Time may be extended by the DBSA in its absolute discretion

by providing written notice to Bidders by the DBSA.

17.2 Bids delivered after the Closing Time or lodged at a location or in a manner that is contrary to that specified in

this RFP will be disqualified from the Tendering Process and will be ineligible for consideration. However, a late

Bid may be accepted where the Bidder can clearly demonstrate (to the satisfaction of the DBSA, in its sole discretion)

that late lodgement of the Bid was caused by the DBSA; that access was denied or hindered in relation to the physical

tender box; or that a major/critical incident hindered the delivery of the Bid and, in all cases, that the integrity of the

Tendering Process will not be compromised by accepting a Bid after the Closing Time.

17.3 The determination of the DBSA as to the actual time that a Bid is lodged is final. Subject to clause 17.2, all Bids

lodged after the Closing Time will not be accepted.

18. BIDDER’S RESPONSIBILITIES

18.1 Bidders are responsible for:

18.1.1 examining this RFP and any documents referenced or attached to this RFP and any other information

made or to be made available by the DBSA to Bidders in connection with this RFP;

18.1.2 fully informing themselves in relation to all matters arising from this RFP, including all matters

regarding the DBSA’s requirements for the provision of the Services;

18.1.3 ensuring that their Bids are accurate and complete;

18.1.4 making their own enquiries and assessing all risks regarding this RFP, and fully considering and

incorporating the impact of any known and unknown risks into their Bid;

18.1.5 ensuring that they comply with all applicable laws in regards to the Tendering Process particularly as

specified by National Treasury Regulations, Guidelines, Instruction Notes and Practice Notes and other

relevant legislation as published from time to time in the Government Gazette; and

18.1.6 submitting all Compulsory Documents.

18.2 Bidders with annual total revenue of R10 million or less qualify as Exempted Micro Enterprises (EMEs) in terms of

the B-BBEE Act, read with the CA Codes of Good Practice, and must submit a certificate issued by a registered,

independent auditor (who or which is not the Bidder or a part of the Bidder) or an accredited verification agency.

18.3 Bidders other than Exempted Micro-Enterprises (EMEs) must submit their original or certified and valid B-BBEE

status level verification certificate or a certified copy thereof, substantiating their B-BBEE status. The submission of


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such certificates must comply with the requirements of instructions and guidelines issued by National Treasury and

be in accordance with the applicable notices published by the Department of Trade and Industry in the Government

Gazette.

18.4 The DBSA 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 DBSA.

18.5 Failure to provide the required information may result in disqualification of the Bidder.

19. PREPARATION OF BIDS

19.1 Bidders must ensure that:

19.1.1 their Bid is submitted in the required format as stipulated in this RFP; and

19.1.2 all the required information fields in the Bid are completed in full and contain the information requested

by the DBSA.

19.2 The DBSA may in its absolute discretion reject a Bid that does not include the information requested or is not in the

format required.

19.3 Unnecessarily elaborate responses or other representations beyond that which is sufficient to present a complete

and effective tender proposal are not desired or required. Elaborate and expensive visual and other presentation aids

are not necessary.

19.4 Where the Bidder is unwilling to accept a specified condition, the non-acceptance must be clearly and expressly

stated. Prominence must be given to the statement detailing the non-acceptance. It is not sufficient that the

statement appears only as part of an attachment to the Bid, or be included in a general statement of the Bidders

usual operating conditions.

19.5 An incomplete Bid may be disqualified or assessed solely on the information completed or received with the Bid.

20. ILLEGIBLE CONTENT, ALTERATION AND ERASURES

a. Incomplete Bids may be disqualified or evaluated solely on information contained in the Bid.

b. The DBSA may disregard any content in a Tender that is illegible and will be under no obligation whatsoever to seek

clarification from the Bidder.

c. The DBSA may permit a Bidder to correct an unintentional error in its Bid where that error becomes known or apparent

after the Closing Time, but in no event will any correction be permitted if the DBSA reasonably considers that the

correction would materially alter the substance of the Bid or effect the fairness of the Tendering Process.

21. OBLIGATION TO NOTIFY ERRORS

If, after a Bidder’s Response has been submitted, the Bidder becomes aware of an error in the Bidders Response

(including an error in pricing, but excluding clerical errors which would have no bearing on the evaluation of the Bid),

the Bidder must promptly notify the DBSA of such error.


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22. RESPONSIBILITY FOR BIDDING COSTS

22.1 The Bidders participation or involvement in any stage of the Tendering Process is at the Bidders sole risk, cost and

expense. The DBSA will not be held responsible for, or pay for, any expense or loss that may be incurred by Bidders

in relation to the preparation or lodgement of their Bid.

22.2 The DBSA is not liable to the Bidder for any costs on the basis of any contractual, promissory or restitutionary grounds

whatsoever as a consequence of any matter relating to the Bidders participation in the Tendering Process, including

without limitation, instances where:

22.2.1 the Bidder is not engaged to perform under any contract; or

22.2.2 the DBSA exercises any right under this RFP or at law.

23. DISCLOSURE OF BID CONTENTS AND BID INFORMATION

23.1 All Bids received by the DBSA will be treated as confidential. The DBSA will not disclose contents of any Bid and Bid

information, except:

23.1.1 as required by law;

23.1.2 for the purpose of investigations by other government authorities having relevant jurisdiction;

23.1.3 to external consultants and advisors of the DBSA engaged to assist with the Tendering Process; or for the

general information of Bidders required to be disclosed as per National Treasury Regulations, Guidelines,

Instruction Notes or Practice Notes.

24. USE OF BIDS

24.1 Upon submission in accordance with the requirements relating to the submission of Bids, all Bids submitted become

the property of the DBSA. Bidders will retain all ownership rights in any intellectual property contained in the Bids.

24.2 Each Bidder, by submission of their Bid, is deemed to have licensed the DBSA to reproduce the whole, or any portion,

of their Bid for the sole purposes of enabling the DBSA to evaluate the Bid.

25. BID ACCEPTANCE

All Bids received must remain open for acceptance for a minimum period of 120 (One Hundred & Twenty) days from

the Closing Time. This period may be extended by written mutual agreement between the DBSA and the Bidder.

26. EVALUATION PROCESS

26.1 The Bids will be evaluated and adjudicated as follows:

26.1.1 Stage 1: Responsiveness – evaluation of compliance with Responsiveness Criteria

The tenderer should be able to demonstrate its capability and ability to meet the expertise

requirements of the specialist areas by producing all relevant documentation and proof of

qualifications according to the tender specification. Only those Bidders which satisfy all of the

Criteria will be eligible to participate in the Tendering Process further. Bids which do not

satisfy all of the Responsiveness Criteria will not be evaluated further.


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26.1.2 Stage 2: Functional evaluation

Bidders are evaluated based on the functional criteria set out in this RFP. Only those Bidders

which score 70 points or higher (out of a possible 100) during the functional evaluation will

proceed to the next stage.

26.2 NB: Bidder is required to submit, as Annexure J to their Bid, any documentation which supports

the responses provided in respect of the Responsiveness Criteria below.

26.3 Stage 1: Responsiveness Criteria

26.3.1 The following Responsiveness Criteria will be applied in the initial stage of the evaluation.

Bidders who do not meet the Mandatory info of the Responsiveness Criteria will not be

considered for award of the tender.

26.3.2 To evaluate the respondent’ responsiveness, the tenderer should be able to demonstrate its

capability and ability to meet the expertise requirements of the programme by producing all

relevant documentation and supporting documents according to the tender specification.

26.3.3 Bidders are required to complete the table below by indicating whether they comply with the

requirement by marking the appropriate column with an ‘X’ below. Bidders are required to

submit supporting documentation, as Annexure J to their Bids, evidencing their compliance

with each requirement, where applicable.

26.3.4 The DBSA may request any outstanding documents that are not Mandatory or required for

specific evaluation, apart from Functional Criteria. A deadline for submission will be provided

and any bidder who does not adhere to the deadline may be disqualified

Non-compliance to below requirements will result in the bidder being disqualified No. Mandatory Requirement Compliant

(Y/ N)

Submitted

(Y/ N)

1 Population & submission of the complete Summary Evaluation

Form as per clause 4.4 (Excel format). The Excel format must

be named as RFP140/2015 Bidder Name

2 Attached Print-out to Annexure J, of the completed Summary

Evaluation Form (pdf format)

3 Bidders must have a Valid CIDB Grading 8-9GB at date of

submission

4 Complete Tender & All Returnables signed & submitted (including

Annexure J)

5 Submission of CD/ Flash drive according to clause 4.3

6 A company may not bid as its own entity as well as a JV

7 If an individual is a director of more than one bidding company, it

must be declared. If undeclared, the submission may be

disqualified at any other time after appointment, when this

information comes to light.


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26.4 Stage 2: Functional Evaluation

26.4.1 Bidders are required to submit supporting documentation, as Annexure K to their Bids,

evidencing their compliance with each requirement, where applicable.

26.4.2 Supporting documents such as qualifications must be certified for verification

26.4.3 Bidders need to ensure that the Summary Evaluation Form is populated in full & submitted

in Excel & pdf format, as the information will be utilised for evaluation of the below criteria.

Hardcopy supporting documents to all the information stated in the Summary Evaluation

Form must also be submitted with the tender.

26.4.4 The Functional Criteria that will be used to test the capability of Bidders are as follows:

Category Functionality Criteria Point (Maximum)

(i) Experience of Tenderer 25

(ii) Key Personnel CV’s (Experience) 15

(iii) Resource Availability 10

(iv) Quality of Work 20

(v) Health and Safety 10

(vi) Financial Capability 20

TOTAL 100

26.4.5 A minimum of 70 points out of a 100 for the functional/ evaluation will qualify the Bid to proceed for further evaluation. Bidders that do not score 70 points or higher at this stage of the evaluation will be disqualified and not be evaluated further.

26.4.6 Technical Requirements

a) Mandatory

The bidder Must have Relevant and Traceable Reference Documents &

Completion Certificates

Submission of relevant & traceable references (full details of the referee and the

description of the work done).

Accept Do not accept

Substantiate

b) Mandatory

The Bidder must provide hardcopy proof of all Technical Criteria requirements Accept Do not accept

Substantiate


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27. STATUS OF BID

27.1 Each Bid constitutes an irrevocable offer by the Bidder to the DBSA to provide the Services required and otherwise

to satisfy the requirements of the Specification as set out in this RFP.

27.2 A Bid must not be conditional on:

27.2.1 the Board approval of the Bidder or any related governing body of the Bidder being obtained;

27.2.2 the Bidder conducting due diligence or any other form of enquiry or investigation;

27.2.3 the Bidder (or any other party) obtaining any regulatory approval or consent;

27.2.4 the Bidder obtaining the consent or approval of any third party; or

27.2.5 the Bidder stating that it wishes to discuss or negotiate any commercial terms of the contract.

27.3 The DBSA may, in its absolute discretion, disregard any Bid that is, or is stated to be, subject to any one or more of

the conditions detailed above (or any other relevant conditions).

27.4 The DBSA reserves the right to accept a Bid in part or in whole or to negotiate with a Bidder in accordance with the

provisions of this RFP and the applicable laws and regulations.

28 CLARIFICATION OF BIDS

28.1 The DBSA may seek clarification from and enter into discussions with any or all of the Bidders in relation to their Bid.

The DBSA may use the information obtained when clarification is sought or discussions are had in interpreting the

Bid and evaluating the cost and risk of accepting the Bid. Failure to supply clarification to the satisfaction of the DBSA

may render the Bid liable to disqualification.

28.2 The DBSA is under no obligation to seek clarification of anything in a Bid and reserves the right to disregard any

clarification that the DBSA considers to be unsolicited or otherwise impermissible or irrelevant in accordance with the

rules set out in this RFP.

29 DISCUSSION WITH BIDDERS

29.1 The DBSA may elect to engage in detailed discussions with any one or more Bidder(s), with a view to maximising

the benefits of this RFP as measured against the evaluation criteria and in fully understanding a Bidder’s offer.

29.2 As part of the evaluation of this Bid, DBSA may invite Bidders to give a presentation to the DBSA in relation to their

submissions.

29.3 The DBSA is under no obligation to undertake discussions with Bidders.

29.4 In addition to presentations and discussions, the DBSA may request some or all Bidders to:

29.4.1 conduct a site visit, if applicable;

29.4.2 provide references or additional information; and/or

29.4.3 make themselves available for panel interviews.

30. SUCCESSFUL BIDS

30.1 Selection as a successful Bidder does not give rise to a contract (express or implied) between the successful Bidder

and the DBSA for the supply of the Services. No legal relationship will exist between the DBSA and a successful

Bidder for the supply of the Services until such time as a binding contract is executed by them.


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30.2 The DBSA may, in its absolute discretion, decide not to enter into pre-contractual negotiations with a successful

Bidder.

30.3 A Bidder is bound by its Bid and all other documents forming part of the Bidder’s Response and, if selected as a

successful Bidder, must enter into a contract on the basis of the Bid with or without further negotiation.

31. NO OBLIGATION TO ENTER INTO CONTRACT

31.1 The DBSA is under no obligation to appoint a successful Bidder or Bidders (as the case may be), or to enter into a

contract with a successful Bidder or any other person, if it is unable to identify a Bid that complies in all relevant

respects with the requirements of the DBSA, or if due to changed circumstances, there is no longer a need for the

Services requested, or if funds are no longer available to cover the total envisaged expenditure. For the avoidance

of any doubt, in these circumstances the DBSA will be free to proceed via any alternative process.

31.2 The DBSA may conduct a debriefing session for all Bidders (successful and unsuccessful). Attendance at such

debriefing session is optional.

32. BIDDER WARRANTIES

32.1 By submitting a Bid, a Bidder warrants that:

32.1.1. it did not rely on any express or implied statement, warranty or representation, whether oral, written, or

otherwise made by or on behalf of the DBSA, its officers, employees, or advisers other than any statement,

warranty or representation expressly contained in the RFP;

32.1.2 it did not use the improper assistance of DBSA’s employees or information unlawfully obtained from them

in compiling its Bid;

32.1.3 it is responsible for all costs and expenses related to the preparation and lodgement of its Bid, any

subsequent negotiation, and any future process connected with or relating to the Tendering Process;

32.1.4 it accepts and will comply with the terms set out in this RFP; and

32.1.5 it will provide additional information in a timely manner as requested by the DBSA to clarify any matters

contained in the Bid.

33. DBSA’S RIGHTS

33.1. Notwithstanding anything else in this RFP, and without limiting its rights at law or

otherwise, the DBSA reserves the right, in its absolute discretion at any time, to:

33.1.1 cease to proceed with, or suspend the Tendering Process prior to the execution of a formal written contract;

33.1.2 alter the structure and/or the timing of this RFP or the Tendering Process;

33.1.3 vary or extend any time or date specified in this RFP

33.1.4 terminate the participation of any Bidder or any other person in the Tendering Process;

33.1.5 require additional information or clarification from any Bidder or any other person;

33.1.6 provide additional information or clarification;

33.1.7 negotiate with any one or more Bidder;

33.1.8 call for new Bid;


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33.1.9 reject any Bid received after the Closing Time; or

33.1.10 reject any Bid that does not comply with the requirements of this RFP.

34. GOVERNING LAWS

34.1. This RFP and the Tendering Process are governed by the laws of the Republic of South Africa.

34.2. Each Bidder must comply with all relevant laws in preparing and lodging its Bid and in taking part in the Tendering

Process.

34.3. All Bids must be completed using the English language and all costing must be in South African Rand.

35. MANDATORY QUESTIONS

35.1. Bidders shall provide full and accurate answers to all (including mandatory) questions posed in this document,

and, are required to explicitly state "Comply/Accept" or "Do not comply/Do not accept" (with a or an X) regarding

compliance with the requirements. Where necessary, the Bidders shall substantiate their response to a specific

question.

NOTE: It is mandatory for Bidders to complete or answer this part fully; failure to do so result the Bid being

treated as incomplete the Bid may be disqualified.

35.1.1

This Bid is subject to the General Conditions of Contract stipulated

in this RFP document.


35.1.2

The laws of the Republic of South Africa shall govern this RFP and the

Bidders hereby accept that the courts of the Republic of South Africa

shall have the jurisdiction.


35.1.3

The DBSA shall not be liable for any costs incurred by the Bidder in

the preparation of response to this RFP. The preparation of response

shall be made without obligation to acquire any of the items included

in any Bidder’s proposal or to select any proposal, or to discuss the

reasons why such vendor’s or any other proposal was accepted or

rejected.



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35.1.4

The DBSA may request written clarification or further information

regarding any aspect of this proposal. The Bidders must supply the

requested information in writing within two working days after the

request has been made, otherwise the proposal may be disqualified.


35.1.5

The DBSA reserves the right to; cancel or reject any proposal and not

to award the proposal to the lowest Bidder or award parts of the

proposal to different Bidders, or not to award the proposal at all.


35.1.6

Where applicable, Bidders who are distributors, resellers and installers

of network equipment are required to submit back-to-back agreements

and service level agreements with their principals.


35.1.7

By submitting a proposal in response to this RFP, the Bidders accept

the evaluation criteria as it stands.


35.1.8

Where applicable, the DBSA reserves the right to run benchmarks on

the requirements equipment during the evaluation and after the

evaluation.


35.1.9

The DBSA reserves the right to conduct a pre-award survey during the

source selection process to evaluate contractors' capabilities to meet

the requirements specified in the RFP and supporting documents.


35.1.10

Only the solution commercially available at the proposal closing date

shall be considered. No Bids for future solutions shall be accepted.


35.1.11

The Bidder should not qualify the proposal with own conditions.

Caution: If the Bidder does not specifically withdraw its own conditions

of proposal when called upon to do so, the proposal response shall be

declared invalid.



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35.1.12

Should the Bidder withdraw the proposal before the proposal validity

period expires, the DBSA reserves the right to recover any additional

expense incurred by the DBSA having to accept any less favourable

proposal or the additional expenditure incurred by the DBSA in the

preparation of a new RFP and by the subsequent acceptance of any

less favourable proposal.


35.1.13

Delivery of and acceptance of correspondence between the DBSA

and the Bidder sent by prepaid registered post (by air mail if

appropriate) in a correctly addressed envelope to either party’s postal

address or address for service of legal documents shall be deemed to

have been received and accepted after (2) two days from the date of

postage to the South African Post Office Ltd.


35.1.14

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

proposal and prior to, and-or after conclusion of the contract fail to

agree on any significant product price or service price adjustments,

change in technical specification, change in services, etc. The DBSA

shall be entitled within 14 (fourteen) days of such failure to agree, to

recall the letter of award and cancel the proposal by giving the Bidder

not less than 90 (ninety) days written notice of such cancellation, in

which event all fees on which the parties failed to agree increases or

decreases shall, for the duration of such notice period, remain fixed on

those fee/price applicable prior to the negotiations.

Such cancellation shall mean that The DBSA reserves the right to

award the same proposal to next best Bidders as it deems fit.


35.1.15

Any amendment or change of any nature made to this RFP shall only

be of force and effect if it is in writing, signed by THE DBSA signatory

and added to this RFP as an addendum.


35.1.16



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

provisions of this proposal shall not, in any manner, be construed to be

a waiver of any of that party’s right in that regard and in terms of this

proposal. Such failure or neglect shall not, in any manner, affect the

continued, unaltered validity of this proposal, or prejudice the right of

that party to institute subsequent action.

35.1.17

All services supplied in accordance with this proposal must be certified

to all legal requirements as per the South African law.


35.1.18

No interest shall be payable on accounts due to the successful Bidder

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


35.1.19

If the successful Bidder disregards contractual specifications, this action

may result in the termination of the contract.


35.1.20

The Bidders’ response to this Bid, or parts of the response, shall be

included as a whole or by reference in the final contract.


35.1.21

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

period of the Bid, the DBSA has discretion to extend the validity period.


35.1.22

Upon receipt of the request to extend the validity period of the Bid, the

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

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

the same terms and conditions for a further period.


35.1.23

Should the Bidder change any wording or phrase in this document, the

Bid shall be evaluated as though no change has been effected and the

original wording or phrasing shall be used.


35.1.24

Declaration for individual CV’s submitted

I declare that all the CV’s submitted is accurate and can be supported

by documents and reference on request.


35.1.26

Declaration by service provider Accept Do not accept


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I approve that the above information is accurate and can be supported by documents and reference on request.

Signature(s) of Bidder or assignee(s) Date

Name of signing person (in block letters)

Capacity

Are you duly authorized to sign this Bid?

Name of Bidder (in block letters)

Postal address (in block letters)

Domicilium citandi et executandi in the RSA (full street address of this place) (in block letters) ……………………………………………………………………………………………………………… ……………………………………………………………………………………………………………… ……………………………………………………………………………………………………………… ……………………………………………………………………………………………………………… ……………………………………………………………………………………………………………… Telephone Number:………………………………..FAX number.................................................. Cell Number: .…………………………………….. Email Address………………………………………………..……………………..


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PART D: TERMS OF REFERENCE

1. BACKGROUND

The Infrastructure Delivery Division (IDD) remains committed to the development of high quality infrastructure within

the constraints of budget and stringent timeframes. As part of this commitment it endeavours to further streamline its

procurement pipeline by expanding the established Contractor Panel. The DBSA has an existing panel of contractors

limited to only a few grade 6-9 GB and GBPE contractors with limited geographical exposure. The Infrastructure

Delivery Division of DBSA has been appointed as Implementing Agent for various National Department as well as Local

Government Metro’s. The IDD unit needs to expand this panel to include additional contractors with CIDB grades 8-

9GB. CIDB GB Classifications are to be approached and evaluated, however any other Classifications a contractor may

have, will also be accepted if awarded to the panel.

This will assist the IDD to expedite contracting with suitable contractors should a specific scope of work be identified at

a later stage by requesting contractors on the relevant panel to submit formal proposals.

2. OBJECTIVES

The tender is an invitation of contractors to be added to the DBSA panel of contractors, to provide work in infrastructure

and social infrastructure projects and programmes for various Clients and Client Departments in South Africa and the

SADC countries.

Extent of the works

The work envisaged will include the following possible Clients and will cover all 9 provinces in South Africa and

SADC countries:

o National Departments

o Provincial Departments

o Local Government Departments

o SADC Partnerships and Departments

3. AWARD & REGRET OF TENDER

Only awarded bidders will receive Appointment Letters.

Please note that unsuccessful bidders will not receive a Letter of Regret. The tender number and the relevant award

and non-awards will be published on the DBSA website (www.dbsa.org) for viewing. Bidders are encouraged to view

the DBSA website regularly for any updates.

4. APPROACH The first phase of the tender will evaluate the responsiveness and functional suitability of the tenderer.

Only those bidders who pass all the required staged, may be recommended to be added to the panel.



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5. PANEL OF APPROVED CONTRACTORS & UTILISATION THEREOF

It is intended that the awarded bidders will be added to the current DBSA Panel of Contractors. (Any contractor

already appointed on this panel, need NOT re-apply) The panel validity will therefore be from date of appointment

until 22 October 2017.

Projects become available ad-hoc and therefore Contractors will be invited from the Panel as and when required, once

the process has been finalised. Selection from the panel will be based on DBSA’s approved SCM Principles of Rotation.

Contractors may be appointed for an entire project or for only certain elements/phases of projects depending on

circumstances of the requirement. The DBSA may negotiate any rates and conditions of any appointment with the

contractor and a formal contract will be concluded with the contractor if and when a specific projects is awarded.

6. REQUEST FOR PROPOSALS

Only contractors on the approved panel will be approached for Request for Proposals and other required information,

as and when necessary.

7. CO-OPERATION WITH OTHER SERVICE PROVIDERS

Contractors may be required to consult relevant stakeholders (Department, Sector Departments and adjacent

Municipalities in the provinces and co-operate with other service providers who may be appointed by the municipalities

and whose services may be relevant for the preparation and execution of the project.

8. CONTRACT

The successful bidder will be required to enter into a Service Level Agreement with the DBSA.


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RELEVANT ANNEXURES MUST BE FURNISHED (ALL RELEVANT ANNEXURES MUST BE ADDED TO THE COMPULSORY ANNEXURES FROM THE LIST

BELOW)

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

Annexure A: SBD2: Tax Clearance Certificate Requirement Annexure B: SBD4: Declaration of Interest Annexure C: SBD6.1 and B-BBEE status level certificate Annexure D: SBD8: Declaration of Bidder’s Past Supply Chain Practices Annexure E: SBD9: Certificate of Independent Bid Determination Annexure F: Copies (copy with original) of your CIPC company registration documents listing all members with

percentages, in case of a lose corporation Annexure G: Copies (copy with original) of latest share certificates, in case of a company. Annexure H: General Condition of Contract Annexure I: Addenda Received & Forms, Certificates & Schedules Annexure J: Supporting documents in responses to Responsiveness Evaluation (Certified where applicable) Annexure K: Functional Evaluation Documentation – Annexure (K (i) to K (vi)


Page 27 of 84

Annex A : SBD2: ORIGINAL AND VALID SARS TAX CLEARANCE CERTIFICATE

TAX CLEARANCE CERTIFICATE REQUIREMENTS

It is a condition of bid that the taxes of the successful bidder must be in order, or that satisfactory arrangements have been made with South African Revenue Service (SARS) to meet the bidder’s tax obligations. 1. In order to meet this requirement bidders are required to complete in full the attached form TCC 001

“Application for a Tax Clearance Certificate” and submit it to any SARS branch office nationally. The

Tax Clearance Certificate Requirements are also applicable to foreign bidders / individuals who wish

to submit bids.

2. SARS will then furnish the bidder with a Tax Clearance Certificate that will be valid for a period of 1

(one) year from the date of approval.

3. The original Tax Clearance Certificate must be submitted together with the bid. Failure to submit the

original and valid Tax Clearance Certificate will result in the invalidation of the bid. Certified copies

of the Tax Clearance Certificate will not be acceptable.

4. In bids where Consortia / Joint Ventures / Sub-contractors are involved, each party must submit a

separate Tax Clearance Certificate.

5. Copies of the TCC 001 “Application for a Tax Clearance Certificate” form are available from any

SARS branch office nationally or on the website www.sars.gov.za.

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

provision, taxpayers will need to register with SARS as eFilers through the website

www.sars.gov.za.

Note: Valid Original Tax Clearance Certificate is mandatory

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

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


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Annex B : SBD4: DECLARATION OF INTEREST

1. Is the Bidder, or any person connected with or employed by the Bidder or an entity which forms part of

the Bidder, aware of any fact which may give rise to an actual or perceived conflict of interest on the part of the Bidder, the DBSA or any person involved in the evaluation or adjudication of this Bid?

2. If the answer to 1 above is “Yes”, Bidders are required to set out, in detail immediately below, the facts which may give rise to an actual or perceived conflict of interest and identify the individuals to which those facts relate.

3. In addition, Bidders are required to complete the following:

3.1. Full Name of Bidder or his or her representative: ………………………………………………………….

YES NO


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3.2. Identity Number:

………………………………………………………………………………………………… 3.3. Position occupied in the Company (director, trustee, shareholder1):

………………………………………………………………………………………………… 3.4. Company Registration Number:

…………………………………………………………………………………………..……. 3.5. Tax Reference Number:

………………………………………….…………………………………………….……… 3.6. VAT Registration Number: ……………………………………………………………... 3.7. The names of all directors / trustees / shareholders / members, their individual identity numbers, tax

reference numbers and, if applicable, employee / personnel numbers must be indicated in paragraph 4 below.

3.8. Are you or any person connected with the bidder presently employed by the state2?

If so, furnish the following particulars:

Name of person / director / trustee / shareholder/ member:……....……………………………………… Name of state institution at which you or the person connected to the bidder is employed: …………………………………………………………………………………………………………………… Position occupied in the state institution:…………………………………………………………………… Any other particulars: ……………………………………………………………………………………………………..……………

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

3.8.1. If you are presently employed by the state, did you obtain the

appropriate authority to undertake remunerative work outside employment in the public sector?

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.)

1 ”Shareholder” means a person who owns shares in the company.

2 “State” means –

(a) any national or provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance Management Act, 1999 (Act No. 1 of 1999);

(b) any municipality or municipal entity; (c) provincial legislature; (d) national Assembly or the national Council of provinces; or (e) Parliament.

YES NO

YES NO


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If no, furnish reasons for non-submission of such proof:

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

3.9. 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?

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

3.10. 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?

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

3.11. 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?

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

3.12. 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?

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

YES NO

YES NO

YES NO

YES NO


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4. Full details of directors / trustees / members / shareholders.

Full Name Identity Number Personal Tax Reference

Number State Employee Number / Persal Number

DECLARATION

I, THE UNDERSIGNED (NAME)……………………………………………………………………… CERTIFY ON BEHALF OF THE BIDDER THAT THE INFORMATION FURNISHED IN THIS DEDCLARATION IS CORRECT. I ACCEPT THAT THE STATE MAY REJECT THE BID OR ACT AGAINST ME IN TERMS OF PARAGRAPH 23 OF THE GENERAL CONDITIONS OF CONTRACT SHOULD THIS DECLARATION PROVE TO BE FALSE.

………………………………….. ..…………………………………………… Signature Date

…………………………………. ……………………………………………… Position Name of bidder


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Annex C : SBD6.1: PREFERENCE CLAIM FORM IN TERMS OF PREFERENTIAL PROCUREMENT REGULATIONS

PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT REGULATIONS 2011

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, 2011.

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 R1 000 000 (all applicable taxes included); and

- the 90/10 system for requirements with a Rand value above R1 000 000 (all applicable taxes included). 1.2 The value of this bid is estimated to exceed R1 000 000 (all applicable taxes included) and therefore the 90/10 system

shall be applicable. 1.3 Preference points for this bid shall be awarded for:

(a) Price; and (b) B-BBEE Status Level of Contribution.

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

POINTS

1.3.1.1 PRICE – 90 points 1.3.1.2 B-BBEE STATUS LEVEL OF CONTRIBUTION – 10 points Total points for Price and B-BBEE must not exceed 100

1.4 Failure on the part of a bidder to fill in and/or to sign this form and submit a B-BBEE Verification Certificate from a

Verification Agency accredited by the South African Accreditation System (SANAS) or a Registered Auditor approved by the Independent Regulatory Board of Auditors (IRBA) (that is independent and does not form part of the Bidder) or an Accounting Officer as contemplated in the Close Corporation Act (CCA) together with the bid, will be interpreted to mean that preference points for B-BBEE status level of contribution are not claimed.

1.5. 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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2. DEFINITIONS 2.1 “all applicable taxes” includes value-added tax, pay as you earn, income tax, unemployment insurance fund

contributions and skills development levies;

2.2 “B-BBEE” means broad-based black economic empowerment as defined in section 1 of the Broad -Based Black Economic Empowerment Act;

2.3 “B-BBEE status level of contributor” means the B-BBEE status received by a measured entity based on its overall

performance using the relevant scorecard contained in the Codes of Good Practice on Black Economic Empowerment, issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act;

2.4 “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 services, works or goods, through price quotations, advertised competitive bidding processes or proposals; 2.5 “Broad-Based Black Economic Empowerment Act” means the Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003); 2.6 “comparative price” means the price after the factors of a non-firm price and all unconditional discounts that can be

utilized have been taken into consideration; 2.7 “consortium or joint venture” means an association of persons for the purpose of combining their expertise, property,

capital, efforts, skill and knowledge in an activity for the execution of a contract; 2.8 “contract” means the agreement that results from the acceptance of a bid by an organ of state; 2.9 “EME” means any enterprise with an annual total revenue of R5 million or less . 2.10 “Firm price” means the price that is only subject to adjustments in accordance with the actual increase or decrease

resulting from the change, imposition, or abolition of customs or excise duty and any other duty, levy, or tax, which, in terms of the law or regulation, is binding on the contractor and demonstrably has an influence on the price of any supplies, or the rendering costs of any service, for the execution of the contract;

2.11 “functionality” means the measurement according to predetermined norms, as set out in the bid documents, of a

service or commodity that is designed to be practical and useful, working or operating, taking into account, among other factors, the quality, reliability, viability and durability of a service and the technical capacity and ability of a bidder;

2.12 “non-firm prices” means all prices other than “firm” prices; 2.13 “person” includes a juristic person;

2.14 “rand value” means the total estimated value of a contract in South African currency, calculated at the time of bid invitations, and includes all applicable taxes and excise duties; 2.15 “sub-contract” means the primary contractor’s assigning, leasing, making out work to, or employing, another person to

support such primary contractor in the execution of part of a project in terms of the contract; 2.16 “total revenue” bears the same meaning assigned to this expression in the Codes of Good

Practice on Black Economic Empowerment, issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act and promulgated in the Government Gazette on 9 February 2007;

2.17 “trust” means the arrangement through which the property of one person is made over or bequeathed to a

trustee to administer such property for the benefit of another person; and 2.18 “trustee” means any person, including the founder of a trust, to whom property is bequeathed in order for such

property to be administered for the benefit of another person.


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3. ADJUDICATION USING A POINT SYSTEM 3.1 The bidder obtaining the highest number of total points will be awarded the contract. 3.2 Preference points shall be calculated after prices have been brought to a comparative basis taking into account all

factors of non-firm prices and all unconditional discounts;. 3.3 Points scored must be rounded off to the nearest 2 decimal places.

3.4 In the event that two or more bids have scored equal total points, the successful bid must be the one scoring the highest number of preference points for B-BBEE.

3.5 However, when functionality is part of the evaluation process and two or more bids have scored equal points including equal preference points for B-BBEE, the successful bid must be the one scoring the highest score for functionality.

3.6 Should two or more bids be equal in all respects, the award shall be decided by the drawing of lots.

4. POINTS AWARDED FOR PRICE 4.1 THE 80/20 OR 90/10 PREFERENCE POINT SYSTEMS A maximum of 90 points is allocated for price on the following basis:

min

min190

P

PPtPs

Where Ps = Points scored for comparative price of bid under consideration Pt = Comparative price of bid under consideration Pmin = Comparative price of lowest acceptable bid 5. Points awarded for B-BBEE Status Level of Contribution 5.1 In terms of Regulation 5 (2) and 6 (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 8 16

4 5 12

5 4 8

6 3 6

7 2 4


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8 1 2

Non-compliant contributor 0 0

5.2 Bidders who qualify as EMEs in terms of the B-BBEE Act must submit a certificate issued by an Accounting Officer as

contemplated in the CCA or a Verification Agency accredited by SANAS or a Registered Auditor. Registered auditors do not need to meet the prerequisite for IRBA’s approval for the purpose of conducting verification and issuing EMEs with B-

BBEE Status Level Certificates. 5.3 Bidders other than EMEs must submit their original and valid B-BBEE status level verification certificate or a certified copy

thereof, substantiating their B-BBEE rating issued by a Registered Auditor approved by IRBA or a Verification Agency accredited by SANAS.

5.4 A trust, consortium or joint venture, will qualify for points for their B-BBEE status level as a legal entity, provided that the

entity submits their B-BBEE status level certificate.

5.5 A trust, consortium or joint venture will qualify for points for their B-BBEE status level as an unincorporated entity, provided that the entity submits their consolidated B-BBEE scorecard as if they were a group structure and that such a consolidated B-BBEE scorecard is prepared for every separate bid.

5.6 Tertiary institutions and public entities will be required to submit their B-BBEE status level certificates in terms of the specialized scorecard contained in the B-BBEE Codes of Good Practice.

5.7 A person will not be awarded points for B-BBEE status level if it is indicated in the bid documents that such a bidder

intends sub-contracting more than 25% of the value of the contract to any other enterprise that does not qualify for at least the points that such a bidder qualifies for, unless the intended sub- contractor is an EME that has the capability and ability to execute the sub-contract.

5.8 A person awarded a contract may not sub-contract more than 25% of the value of the contract to any other enterprise that does not have an equal or higher B-BBEE status level than the person concerned, unless the contract is sub-contracted to an EME that has the capability and ability to execute the sub-contract.

6. BID DECLARATION 6.1 Bidders who claim points in respect of B-BBEE Status Level of Contribution must complete the following: 7. B-BBEE STATUS LEVEL OF CONTRIBUTION CLAIMED IN TERMS OF PARAGRAPHS 1.3.1.2 and 5.1 7.1 B-BBEE Status Level of Contribution: ……. …… = …………… (maximum of 10 points)

(Points claimed in respect of paragraph 7.1 must be in accordance with the table reflected in paragraph 5.1 and must be substantiated by means of a B-BBEE certificate issued by a Verification Agency accredited by SANAS or a Registered Auditor approved by IRBA or an Accounting Officer as contemplated in the CCA).

8 SUB-CONTRACTING

8.1 Will any portion of the contract be sub-contracted? YES / NO (delete which is not applicable) 8.1.1 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? YES / NO (delete which is not applicable)


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9 DECLARATION WITH REGARD TO COMPANY/FIRM

9.1 Name of company/firm .................................................................................................................. :

9.2 VAT registration number : …………………………………………………………………….

9.3 Company registration number ……………………………………………………………………. :

9.4 TYPE OF COMPANY/ FIRM

Partnership/Joint Venture / Consortium

One person business/sole propriety

Close corporation

Company

(Pty) Limited [TICK APPLICABLE BOX] 9.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES ………… .. ...............................................................................................................................................................................

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

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

9.6 COMPANY CLASSIFICATION

Manufacturer

Supplier

Professional service provider

Other service providers, e.g. transporter, etc. [TICK APPLICABLE BOX] 9.7 Total number of years the company/firm has been in business? ……………………………………

9.8 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 contribution indicated in paragraph 7 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 paragraph 7, 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 –

(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;


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(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) restrict the bidder or contractor, its shareholders and directors, or only the shareholders and directors who acted on a fraudulent basis, 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: 1. ……………………………………… …………………………………… SIGNATURE(S) OF BIDDER(S) 2. ………………………………………

DATE: ………………………………..

ADDRESS: ……………………………………..

…….……………………


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Annex D : SBD 8: DECLARATION OF BIDDER’S PAST SUPPLY CHAIN PRACTICES

DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES

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

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

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

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

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

Item Question Yes No

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

Yes

No

4.1.1 If so, furnish particulars:

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

Yes

No


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

Yes

No


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

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


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

Yes

No


SBD 8

CERTIFICATION

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

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

I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT, ACTION MAY BE TAKEN AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE.

………………………………………... …………………………..

Signature Date

………………………………………. …………………………..

Position Name of Bidder


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Annex E : SBD 9: CERTIFICATE OF INDEPENDENT BID DETERMINATION

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 Includes price quotations, advertised competitive bids, limited bids and proposals.

² Bid rigging (or collusive bidding) occurs when businesses, that would otherwise be expected to compete, secretly conspire to raise prices or lower the

quality of goods and / or services for purchasers who wish to acquire goods and / or services through a bidding process. Bid rigging is, therefore, an

agreement between competitors not to compete.

CERTIFICATE OF INDEPENDENT BID DETERMINATION I, the undersigned, in submitting the accompanying bid:

________________________________________________________________________

(Bid Number and Description)

in response to the invitation for the bid made by:

______________________________________________________________________________

(Name of Institution)

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


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I certify, on behalf of:_______________________________________________________that:

(Name of Bidder)

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

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

in every respect;

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

bidder;

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

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

5. For the purposes of this Certificate and the accompanying bid, I understand that the word “competitor” shall

include any individual or organization, other than the bidder, whether or not affiliated with the bidder, who:

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

(b) could potentially submit a bid in response to this bid invitation, based on their qualifications,

abilities or experience; and

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

as the bidder

6. The bidder has arrived at the accompanying bid independently from, and without consultation, communication,

agreement or arrangement with any competitor. However communication between partners in a joint venture

or 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.

1. 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


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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.

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

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

Signature Date

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

Position Name of Bidder


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Annex F : COPIES OF YOUR CIPC (CIPRO) COMPANY REGISTRATION DOCUMENTS

Bidders are required to include, as Annexure F to their Bids, copies (certified better)

of all relevant CIPC registration documents listing all members with percentages, in

the case of a close corporation.

In an event of a Joint Venture, all companies’ information as well as the Joint Venture

Agreement (detailing principle partner) must be included in Annexure F.


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Annex G : COPIES OF THE LATEST SHARE CERTIFICATES (IN CASE OF A COMPANY)

Bidders are required, as Annexure G to their Bids, to submit copies (certified better) of the latest share certificates of all relevant companies.


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Annex H : GENERAL CONDITIONS OF CONTRACT

GOVERNMENT PROCUREMENT

GENERAL CONDITIONS OF CONTRACT

NOTES The purpose of this document is to:

(i) Draw special attention to certain general conditions applicable to government bids, contracts and orders; and

(ii) To ensure that clients be familiar with regard to the rights and obligations of all parties involved in doing business with government.

In this document words in the singular also mean in the plural and vice versa and words in the masculine also mean in the feminine and neuter. • The General Conditions of Contract will form part of all bid documents and may not be amended. • Special Conditions of Contract (SCC) relevant to a specific bid should be compiled separately for every bid (if applicable) and will supplement the General Conditions of Contract. Whenever there is a conflict, the provisions in the SCC shall prevail.


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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. 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,


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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. 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


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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 security 7.1 Within thirty (30) days of receipt of the notification of contract award, the successful bidder shall furnish to the purchaser the performance security of the amount specified in SCC. 1`1 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.


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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 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, provided that this service shall not relieve the supplier of any warranty obligations under this contract; and


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(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 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.


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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 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,


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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. Terminationfor 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 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


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24.1 When, after the date of bid, provisional payments are required, or antidumping 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 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 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. Limitation of liability 28.1 Except in cases of criminal negligence or willful misconduct, and in the case of infringement pursuant to Clause 6;


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(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 14 (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 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 Prohibition of Restrictive practices 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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Annex I : ADDENDA RECEIVED & OTHER FORMS, CERTIFICATES AND SCHEDULES

Bidders are required to include, as Annexure I to their Bids, all Addenda received from

the DBSA after invitation and before closing. I / We confirm that the following communications amending the bid documents that I / we received from the employer or his representative before the closing date for submission of this bid offer have been taken into account in this bid offer.

ADDENDUM No DATE RECEIVED TITLE OR DETAILS

SIGNATURE: ………………………………………………….. DATE: ………………….. (Person authorized to sign on behalf of the Bidder)


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CERTIFICATE OF AUTHORITY FOR SIGNATORY

Indicate the status of the Tenderer Indicate the status of the Tenderer by ticking the appropriate box hereunder. The

Tenderer must complete the certificate set out below for the relevant category.

(I)

COMPANY

(II)

CLOSE

CORPORATION

(III)

PARTNERSHIP

(IV)

JOINT

VENTURE

(V)

SOLE

PROPRIETOR

Signatories for Companies, Close Corporations, Partnerships, Joint Ventures or Sole Proprietors must

establish their authority thereto by attaching a copy of the relevant resolution of their Board of Directors,

Members or Partners duly signed and dated. Examples are shown below.

(I) CERTIFICATE FOR COMPANY

I, ………………………………………………… chairperson of the Board of Directors of

…………………………………………………, hereby confirm that by resolution of the Board (copy attached) taken on

…………………… 20…….., Mr/Ms ……………………………, acting in the capacity of

………………………………………………, was authorized to sign all documents in connection with the Tender for

Tender No. RFP140/2015 and any contract resulting from it, on behalf of the company.

Chairman: ………………………………………………………….

Chairman : ……………………………………………………….

As Witness: 1. ……………………………………………………

2. …………………………………………………....

Date : ………………………………………………………..

(II) CERTIFICATE FOR CLOSE CORPORATION

We, the undersigned, being the key members in the business trading as

………………………………………………………………. hereby authorise Mr/Ms

…………………………………………………………………, acting in the capacity of

…………………………………………………………………………….……….. to sign all documents in connection with

the Tender for Tender No. RFP140/2015 and any contract resulting from it, on our behalf.

NAME ADDRESS SIGNATURE DATE


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Note: this certificate is to be completed and signed by all of the key me Note : this certificate is

to be completed and signed by all of the key members upon whom rests the directions of the affairs of the

Close Corporation as a whole.

(III) CERTIFICATE FOR PARTNERSHIP

We, the undersigned, being the key partners in the business trading as,

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

……………………………………………………………………….……acting in the capacity of

………………………………………………………, to sign all documents in connection with the Tender for Tender No.

RFP140/2015 and any contract resulting from it, on our behalf.

NAME ADDRESS SIGNATURE DATE

Lead partner

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

of the affairs of Partnership as a whole.

(IV) CERTIFICATE JOINT VENTURE

We, the undersigned, are submitting this Tender offer in Joint Venture and hereby authorize Mr/Ms


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

Acting in the capacity of lead partner, to sign all documents in connection with the TENDER offer for Tender No.

RFP140/2015 and any contract resulting from it, on our behalf.

This authorization is evidenced by the attached power of attorney signed by legally authorized signatories of all the

partners to the Joint Venture.

NAME OF FIRM ADDRESS DULY AUTHORISED

SIGNATORY

Lead Partner Signature

Name

CIDB Registration No. Designation


Name



Name


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

of the affairs of the Partnership as a whole.

(V) CERTIFICATE FOR SOLE PROPRIETOR

I, ………………………………………………………………. hereby confirm that I am the sole owner of the

business trading as ……………………………………………………………....…….

Signature of Sole Owner : …………………………………………….

As Witnesses:

1.…………………………………………………………

2.…………………………………………………………

Date :…………………………………………………………


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JOINT VENTURE/CONSORTIUM DISCLOSURE FORM

TO BE COMPLETED ONLY IF TENDER IS SUBMITTED IN A

JOINT VENTURE OR CONSORTIUM

GENERAL

i) All the information requested must be filled in the spaces provided. If additional space is

required, additional sheets may be used and attached to the original documents.

ii) A copy of the joint venture agreement must be attached to this form, in order to demonstrate the Affirmable, Joint Venture Partner’s share in the ownership, control, management responsibilities, risks and profits of the joint venture, the proposed joint venture agreement must include specific details relating to:

a) the contributions of capital and equipment

b) work items to be performed by the Affirmable Joint Venture Partner’s own forces

c) work items to be performed under the supervision of the Affirmable Joint Venture Partner.

iii) Copies of all written agreements between partners concerning the contract must be attached to this form including those, which relate to ownership options and to restrictions/limits regarding ownership and control.

iv) ABE partners must complete ABE Declaration Affidavits.

v) The joint venture must be formalised. All pages of the joint venture agreement must be signed by all the parties concerned. A letter/ notice of intention to formalise a joint venture once the contract has been awarded will not be considered.

vi) Should any of the above not be complied with, the joint venture will be deemed null and void and will be considered non-responsive.

1.JOINT VENTURE PARTICULARS

a)Name…………………………………………………………………………………………

b)Postal address…………………………………………………………………………….…..

………………………………………………………………….………….….

c)Physical address……………………………………………………………………..…

…………………………………………………………………….….

d)Telephone…………………………………………………………………..……

e)Fax…………………………………………………………………..……

2.IDENTITY OF EACH NON-AFFIRMABLE JOINT VENTURE PARTNER

2.1(a)Name of Firm ………………………………………………………………………

Postal Address………………………………………………………………………

Physical Address………………………………………………………………………

Telephone………………………………………………………………………

Fax………………………………………………………………………

Contact person for matters pertaining to Joint Venture Participation Goal requirements

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


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2.2(a)Name of Firm ………………………………………………………………………

Postal Address………………………………………………………………………


Telephone………………………………………………………………………

Fax………………………………………………………………………


……………………………………………………………………………………………….

(Continue as required for further non-Affirmable Joint Venture Partners)

3.IDENTITY OF EACH AFFIRMABLE JOINT VENTURE PARTNER

3.1(a)Name of Firm ………………………………………………………………………

Postal Address………………………………………………………………………


Telephone………………………………………………………………………

Fax………………………………………………………………………


…………………………………………………………………………………………………

3.2(a)Name of Firm ………………………………………………………………………

Postal Address………………………………………………………………………


Telephone………………………………………………………………………

Fax………………………………………………………………………


…………………………………………………………………………………………………

3.3(a)Name of Firm ………………………………………………………………………

Postal Address………………………………………………………………………


Telephone………………………………………………………………………

Fax………………………………………………………………………


…………………………………………………………………………………………………

(Continue as required for further Affirmable Joint Venture Partners)


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4. BRIEF DESCRIPTION OF THE ROLES OF THE AFFIRMABLE JOINT VENTURE PARTNERS IN THE

JOINT VENTURE

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

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

………………………

5.OWNERSHIP OF THE JOINT VENTURE

a)Affirmable Joint Venture Partner ownership percentage(s) ………………… %

b)Non-Affirmable Joint Venture Partner ownership percentage(s)………………… %

c)Affirmable Joint Venture Partner percentages in respect of: *

(i) Profit and loss sharing.........................……….....………………………...........

(ii) Initial capital contribution in Rands.........................……….....…..…................

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

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

(*Brief descriptions and further particulars should be provided to clarify percentages).

(iii) Anticipated on-going capital contributions in Rands .........……............……...

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

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

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

(iv) Contributions of equipment (specify types, quality, and quantities of equipment) to be provided by

each partner.

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

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

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

6. RECENT CONTRACTS EXECUTED BY PARTNERS IN THEIR OWN RIGHT AS PRIME

CONTRACTORS OR AS PARTNERS IN OTHER JOINT VENTURES

NON-AFFIRMABLE JOINT VENTURE

PARTNERS PARTNER NAME

a)

b)

c)

d)


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e)

AFFIRMABLE JOINT VENTURE

PARTNERS PARTNER NAME

a)

b)

c)

d)

e)

7. CONTROL AND PARTICIPATION IN THE JOINT VENTURE

(Identify by name and firm those individuals who are, or will be, responsible for, and have authority to engage

in the relevant management functions and policy and decision making, indicating any limitations in their

authority e.g. co-signature requirements and Rand limits).

(a) Joint Venture cheque signing

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

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

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

(b) Authority to enter into contracts on behalf of the Joint Venture

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

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

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

(c) Signing, co-signing and/or collateralising of loans

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

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

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

(d) Acquisition of lines of credit

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

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

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

(e) Acquisition of performance bonds

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

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


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

(f) Negotiating and signing labour agreements

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

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

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

8. MANAGEMENT OF CONTRACT PERFORMANCE

(Fill in the name and firm of the responsible person).

(a) Supervision of field operations

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

(b) Major purchasing

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

(c) Estimating

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

(d) Technical management

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

9. MANAGEMENT AND CONTROL OF JOINT VENTURE

(a) Identify the “managing partner”, if any,

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

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

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

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

(b) What authority does each partner have to commit or obligate the other to financial institutions,

insurance companies, suppliers, subcontractors and/or other parties participating in the

execution of the contemplated works?

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

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

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

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


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(c) Describe the management structure for the Joint Venture’s work under the contract

MANAGEMENT FUNCTION /

DESIGNATION NAME PARTNER*

* Fill in “ex Affirmable Joint Venture Partner” or “ex non-Affirmable Joint Venture Partner”.

10. PERSONNEL

(a) State the approximate number of operative personnel (by trade/function/discipline) needed to perform the

Joint Venture work under the Contract.

TRADE/FUNCTION/

DISCIPLINE

NUMBER EX

AFFIRMABLE JOINT

VENTURE PARTNERS

NUMBER EX NON-

AFFIRMABLE JOINT

VENTURE PARTNERS

(Fill in “ex Affirmable Joint Venture Partner” or “ex non-Affirmable Joint Venture Partner”).


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(b) Number of operative personnel to be employed on the Contract who are currently in the employ of partners.

(i) Number currently employed by Affirmable Joint Venture Partners

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

(ii) Number currently employed by the Joint Venture

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

(c) Number of operative personnel who are not currently in the employ of the respective partner and will be

engaged on the project by the Joint Venture

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

(d) Name of individual(s) who will be responsible for hiring Joint Venture employees

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

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

(e) Name of partner who will be responsible for the preparation of Joint Venture payrolls

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

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

11. CONTROL AND STRUCTURE OF THE JOINT VENTURE

Briefly describe the manner in which the Joint Venture is structured and controlled.

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

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

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

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

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

The undersigned warrants that he/she is duly authorised to sign this Joint Venture Disclosure Form and affirms that

the foregoing statements are true and correct and include all material information necessary to identify and explain

the terms and operations of the Joint Venture and the intended participation of each partner in the undertaking.

The undersigned further covenants and agrees to provide the Employer with complete and accurate information

regarding actual Joint Venture work and the payment therefore, and any proposed changes in any provisions of the

Joint Venture agreement, and to permit the audit and examination of the books, records and files of the Joint Venture,

or those of each partner relevant to the Joint Venture, by duly authorised representatives of the Employer.


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Signature ...................................................................................……….…...........

Duly authorised to sign on behalf of…………………………………………..…………

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

Address ..............................................................................................................

Telephone ..............................................................................................................

Date ..............................................................................................................

__________________________________________________________________________

Signature ...................................................................................……….…...........


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

Address ..............................................................................................................

Telephone ..............................................................................................................

Date ..............................................................................................................

__________________________________________________________________________

Signature ...................................................................................……….…...........


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

Address ..............................................................................................................

Telephone ..............................................................................................................

Date ..............................................................................................................

__________________________________________________________________________

Signature ...................................................................................……….…...........


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

Address ..............................................................................................................

Telephone ..............................................................................................................

Date ..............................................................................................................

__________________________________________________________________________


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Signature ...................................................................................……….…...........


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

Address ..............................................................................................................

Telephone ..............................................................................................................

Date ..............................................................................................................

__________________________________________________________________________

Signature ...................................................................................……….…...........


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

Address ..............................................................................................................

Telephone ..............................................................................................................

Date ..............................................................................................................

__________________________________________________________________________


Page 69 of 84

FORM CONCERNING FULFILMENT OF THE CONSTRUCTION REGULATIONS,

2014

In terms of regulation 4(3) of the Construction Regulations, 2003 (hereinafter referred to as the Regulations),

promulgated on 7 February 2014 in terms of Section 43 of the Occupational Health and Safety Act, 1993 (Act No. 85

of 1993) the Employer shall not appoint a contractor to perform construction work unless the Contractor can satisfy

the Employer that his/her firm has the necessary competencies and resources to carry out the work safely and has

allowed adequately in his/her Tender for the due fulfilment of all the applicable requirements of the Act and the

Regulations.

1. I confirm that I am fully conversant with the Regulations and that my company has (or will acquire/procure)

the necessary competencies and resources to timeously, safely and successfully comply with all of the

requirements of the Regulations.

(Tick)

2. Proposed approach to achieve compliance with the Regulations (Tick)

Own resources, competent in terms of the Regulations (refer to 3 below)

Own resources, still to be hired and/or trained (until competency is achieved)

Specialist sub-contract resources (competent) - specify:

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

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

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

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

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

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

3. Provide details of proposed key persons, competent in terms of the Regulations, who will form part of the

Contract team as specified in the Regulations (CV’s to be attached).

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

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

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

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

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

YES

NO


Page 70 of 84

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

4. Provide details of proposed training (if any) that will be undergone:

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

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

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

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

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

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

5. Potential key risks identified and measures for addressing risks:

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

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

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

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

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

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

6. I have fully included in my Tendered rates and prices (in the appropriate payment items provided in the

Schedule of Quantities) for all resources, actions, training and any other costs required for the due

fulfilment of the Regulations for the duration of the construction and defects repair period.

(Tick)

SIGNATURE OF PERSON(S) AUTHORISED TO SIGN THIS TENDER:

1. .................................................... Date ....................................................

2. .................................................... Date ....................................................

YES

NO


Page 71 of 84

Annex J : SUPPORTING DOCUMENTS IN RESPONSE TO RESPONSIVENESS EVALUATION (CERTIFIED WHERE APPLICABLE)

Attachments numbered 1 -12 as listed below must be done in the exact same order.

1. Proof of Valid CIDB Registration document, confirming bidder’s valid and active registration with

CIDB. CRS number also to be provided. (Disqualifier)

2. Attached Print--out of the completed Summary Evaluation Form (pdf format) (The print-out is for

verification purposes only. If there is no Excel format submission on the CD/ Flash Drive, the bid will

not be evaluated) (Disqualifier) – The Excel format must be named as RFP140/2015 Bidder Name

2.1 The Summary Evaluation Form is available on the DBSA website under RFP140/2015

3. Valid original or certified Tax Clearance Certificate or Declaration by the South African Revenue

Services that tax matters of the Tendering company/association or Joint Venture parties are in order.

4. Proof of Workmen’s Compensation Registration (or proof of payment of contributions in terms of the

Compensation for Occupational Injuries and Diseases Act No 130 of 1993).

5. Company/CC/Trust/Partnership registration certificates as well as signed agreements and power of

attorney for Joint Venture/Consortium if applicable.

6. Certificate of authority for signatory.

7. Joint Venture Agreement or Joint Venture/Consortium Disclosure Form and Power of Attorney in case

of Joint Ventures.

8. Returnable schedules from the tender document.

9. Valid original or certified B-BBEE certificate .

10. Mandatory submission of a CD or Flash Drive containing the complete tender submission as per

Clause 4 of Part C, with each document named correctly (Disqualifier).

11. A company may not bid as its own entity as well as a JV

12. If an individual is a director of more than one bidding company, it must be declared. If undeclared, the

submission may be disqualified at any other time after appointment, when this information comes to

light.


Page 72 of 84

Annex K : FUNCTIONAL EVALUATION

BIDDERS ARE REQUIRED TO SUBMIT SUPPORTING DOCUMENTATION IN CORRECT ORDER, AS

ANNEXURE K (i-vi) TO THEIR BIDS, EVIDENCING THEIR COMPLIANCE WITH EACH REQUIREMENT,

WHERE APPLICABLE.

The Mandatory Summary Evaluation Form must be completed in full in all areas, to ensure your

Functional Evaluation submission is complete. (Excel & PDF Format)

Each Criteria is indicate in the Annexure breakdown as per table below:

Category Functionality Criteria Point (Maximum) Annexure

(i) Experience of Tenderer 25 K (i)

(ii) Key Personnel CV’s (Experience) 15 K (ii)

(iii) Resource Availability 10 K (iii)

(iv) Quality of Work 20 K (iv)

(v) Health and Safety 10 K (v)

(vi) Financial Capability 20 K (vi)

TOTAL 100

I. Bidders are to ensure that professional detailed and sufficient information and documented proof is provided per criteria and attached to the correct Annexure breakdown.

II. If documented proof is relevant to more than one Functional Criteria, reference is to be made to the documents.

III. It is the bidder’s responsibility to ensure the documented proof is provided in the required order as dictated in Annexure K (i-vi) and portrayed in a professional manner.


Page 73 of 84

Annex K (i): Experience of Tenderer (25 Points)

The respondent should be able to demonstrate & list the successful completion of infrastructure projects according to

their CIDB classification, specifically linking each to formal project completion certificates from clients.

Each CIDB Grade will be evaluated on its own breakdown for example:

Grade 8: Tenderer has successfully completed at least 2 building projects of value greater than R40m, each with positive references.

Grade 9: Tenderer has successfully completed at least 2 building projects of value greater than R100m, each with positive references.

The Tenderer shall list below and/ or in a separate schedule a statement of those works/services of similar

nature which they have satisfactorily completed in the past five years. Information must be provided in the

format provided below. It is essential that telephone contact details of references be supplied. Present

commitments and their due dates for completion shall also be listed. Where applicable, the project value can

be adjusted to reflect the impact of inflation, using the Consumer Price Index (CPI) with the completion date

being taken as the base date for the calculation

The addition of Completion Certificates as proof to the statements made is required for scoring.

1.PREVIOUS PROJECTS UNDERTAKEN:

EMPLOYER

DESCRIPTION AND NATURE OF WORKS/ SERVICES

VALUE OF

WORK (INCL. VAT)

DATE COMPLE

-TED

EMPLOYER/ CONTACT

PERSON/ TEL. NO.

CONSULTING ENGINEER/ CONTACT

PERSON/ TEL. NO.


Page 74 of 84

2.CURRENT PROJECTS UNDERTAKEN:

EMPLOYER

DESCRIPTION AND NATURE OF WORKS/ SERVICES

VALUE OF

WORK (INCL. VAT)

DATE COMPLE

-TED

EMPLOYER/ CONTACT

PERSON/ TEL. NO.

CONSULTING ENGINEER/ CONTACT

PERSON/ TEL. NO.

DATE:_______________________SIGNATURE OF TENDERER: _____________________

(Authorised Person)


Page 75 of 84

Annex K (ii): Key Personnel CV’s (Experience) (15 Points)

PROJECT / CONTRACTS MANAGER

SITE AGENT SITE FOREMAN PLANT OPERATORS/

ARTISANS – EXPERIENCE LEVEL

Tenderer has submitted no information or inadequate information to determine the scoring level

Matriculation

Less than 5 years

Less than 5 years 50% or more of operators / artisans with less than 3 years’ experience

Construction Management Certificate

5 to 8 years’ experience


50% or more of operators / artisans with 3 to 5 years’ experience

N.Dip in Built Environment



50% or more of operators / artisans with 5 to 10 years’ experience

Graduate Engineer or B. Tech Built Environment

12 years and more experience

12 years and more experience

50% or more of operators / artisans with 10 or more years’ experience

For the purpose of evaluating functionality, the Tenderer shall attach hereto a shortened CV for each key member

available to work on the project in the Categories of Project Manager, Site Foreman and Plant Operators/Artisans

personnel (using the template provided).

The Tenderer shall list below the key personnel to be used.

NAME TITLE RESPONSIBILITIES AND AVAILABILITY

QUALIFICATIONS (ATTACHED

COPY)

EXPERIENCE

PROJECT/

CONSTRUCTION MANAGER

SITE AGENT/

CONSTRUCTION SUPERVISOR

SITE FOREMAN/

GENERAL WORKS


Page 76 of 84

NB : PLEASE ATTACH A LIST OF ARTISANS AND PLANT OPERATORS WITH THEIR NAMES AND LEVEL OF EXPERIENCE


Page 77 of 84

CURRICULUM VITAE OF KEY PERSONNEL

This form should be completed for each key person listed in the table in Annexure K (ii)

Responsibility or role on the project (as per list in K ii)

Name : Date of birth :

Profession : Nationality :

Qualifications( Attached Proof of Qualification) :

Professional membership :

Name of employer (firm) :

Current position : Years with firm :

Employment record : (List of chronological order starting with earliest work experience)

Experience record pertinent to required service:

Certification : I, the undersigned, certify that to the best of my knowledge and belief, this data correctly describes me, my qualifications and my experience and that I will be available to execute the work for which I have been nominated. __________________________________ ______________________ (Signature of Person named in schedule) Date

Attach additional pages if more space is required


Page 78 of 84

SUPPLEMENTARY INFORMATION

Please attach any supporting documentation, supplementary information or Curriculum Vitae to this page.


Page 79 of 84

Annex K (iii): Resource Availability (10 Points)

The Respondent will complete all the required tender forms & returnables in full. The respondent will also provide a full company organogram and all resources and equipment available. The information required should include the following:

Availability of in-house supervisors and skilled artisans

Availability of machinery and equipment

Workshop with manufacturing skills (DBSA might inspect the facilities and/or construction

site)

DESCRIPTION OF AVAILABILITY/ALLOCATION OF RESOURCES

Failed to provide an indication of the resourcing (incl. machinery and equipment) to be provided or available. No workshop with manufacturing skills available at premises.

Less than acceptable response - lacks convincing evidence of having sufficient equipment, labour and workshop with manufacturing skills.

Acceptable response to the particular aspect of the requirement - evidence given that basic equipment, labour and facilities are available.

Above acceptable response - demonstrates real understanding of requirements and evidence of ability to provide specialist equipment required for the work, as well as a strong contingent of labour, general building equipment and facilities and workshops to implement the relevant project/s.

Excellent response - gives real confidence that the contractor will add real value regarding labour, equipment, facilities and workshops with manufacturing capability and skills to successfully implement the relevant project/s.


Page 80 of 84

The following are lists of major items of relevant equipment that the Tenderer presently owns or leases and will have

available or will acquire or hire should my/our Tender be accepted.

(a) Details of major equipment that is owned and immediately available.

DESCRIPTION (type, size, capacity, etc) QUANTITY

YEAR OF

MANUFACTURE



Page 81 of 84

(b) Details of major equipment that will be hired, or acquired if Tender is accepted. Contact details of

plant hire company to be provided.

DESCRIPTION (type, size, capacity, etc.)

QUANTITY

HOW ACQUIRED

HIRE/

BUY

SOURCE


The Tenderer undertakes to bring onto site without additional cost to the Employer any additional plant not listed but

which may be necessary to complete a contract within a specified contract period.

DATE:________________SIGNATURE OF TENDERER: ____________________________

(Authorised Person)


Page 82 of 84

Annex K (iv): Quality of Work (20 Points)

The Respondent will be scored on the following: i. Quality Management System in place (5 points)

ii. References in terms of Quality of work (7 points)

iii. References regarding project completion in terms of time and budget (8 points)

i. The Respondent needs to include a minimum of 3 references as part of the submission and as per

required tender form included in K (i). – it will be beneficial to add Completion Certificates as additional

proof. If submitted under another Annexure, reference must be made.

ii. The respondent needs to include an outline of their Quality Management System and how quality will

be implemented and controlled.

iii. The respondent needs to include any certificates and registrations regarding quality.


Page 83 of 84

Annex K (v): Health & Safety (10 Points)

The Respondent needs to demonstrate that they have an Occupational Health and Safety Management system in place,

as well as outline critical OHS items in their submission. The Respondent needs to demonstrate how Health and Safety

is managed on site and what processes and procedures they have in place to comply with legislation. The CV,

qualifications, SACPCMP registration proof and certifications of the Construction Health and Safety Officer need to be

included in this section and all Occupational Health and Safety Act requirements. The scoring of the Tenderer’s Health

and Safety will be as follows:

DESCRIPTION OF AVAILABILITY/ALLOCATION OF RESOURCES

Failed to provide any information on a Health and Safety Management system and did not include details of their Construction Health and Safety Officer or any proof of competence and registration. No legal compliance to Occupational Health and Safety Act.

Less than acceptable response - lacks convincing evidence of having an adequate system and resources in place.

Acceptable response to the particular aspect of the requirement - evidence given that basic Health and Safety Management systems and resources are in place. The CV, qualifications, SACPCMP registration proof and certifications are provided.

Above acceptable response - demonstrates real understanding of the requirements and evidence of a Health and Safety Management system. Provided a clear outline of their Health and Safety Management system. The CV, qualifications, SACPCMP registration proof and certifications are provided.

Excellent response - gives real confidence that the contractor will add real value and that the contractor operates in a safe environment with all management systems and resources in place. All details pertaining to the The CV, qualifications, SACPCMP registration proof and certifications of the Construction Health and Safety Officer are provided.


Page 84 of 84

Annex K (vi): Financial Capability (20 Points)

The Respondent needs to submit the company’s last three years audited financial statements. The respondent will also be required to provide a bank rating issued and certified by a financial institution. The respondent will be scored as follows:

Bank Rating – max 5 points

Liquidity (Current Assets ÷ Current Liabilities) larger than 1 = positive – max 7 points

Solvency Ratio (Total Debt ÷ Total Assets) – max 8 points

The Tenderer must obtain a bank rating from their bank. The Tenderer is to provide the following details of his banker

and bank account that he intends to use for the project:

Name of account holder: ………………………………………………………………………………

Name of Bank: ……………………………………Branch: ………………………………...…..

Account number: …………………………………Type of account: ……………………..……

Telephone number: ……………………………….Facsimile number: ………………….……..

Name of contact person (at bank): ………………………………………………………………..….

The Employer undertakes to treat the information thus obtained as confidential, strictly for the use of evaluation of

the Tender submitted by the Tenderer.

SIGNATURE: ________________________________DATE:______________________

(Authorised Person)