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MODEL PERFORMANCE BASED CONTRACT FOR WATER CONSERVATION

AND DEMAND MANAGEMENTfor use in South Africa

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prepared on behalf of GIZ and the Strategic Water Partners Network

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Model Performance Based WCWDM Contract for use in South Africa

Introduction

Version 01 (1410)

Guidance Notes:

A companion document “Guidelines for the use of the Model Performance Based WCWDM Contract for use in South Africa” is available to assist with the preparation of this contract document.

This document has been drafted according to the standard Construction Industry Development Board (cidb) format with the tender specific information in sections T1 and T2, and the contract specific information in sections C1 to C6. Sections C1 to C6 are however integral to the tender phase.

Guidance notes are provided to support this document but are not part of this contract. They are marked in italics and blocked (as is this note). The contract drafter should delete these notes when preparing the contract, except in instances where they may be of use to the tenderer in understanding the document. Yellow highlights indicate where project specific information is required.

The term “employer’s representative” is used in this document as a concise form to denote a professional person experienced and skilled in Water Conservation and Water Demand Management (WCWDM). Professionals working in this particular field come from diverse backgrounds and should understand the related aspects of water engineering, finance, legislation and community interaction.

DISCLAIMER

This model contract and the accompanying documents are issued for guidance and advisory purposes only. The model contract and the BoQ are issued in Word and Excel format that purposely allows the user to change the documents to suit the particular circumstances that impact on a proposed contract. Every user and its professional advisors shall check the correctness, completeness and legality of this document before use and shall ensure that the final version of the document that is used is in full compliance with the law as well as with the legislation, policies and bylaws pertaining to the user organisation.

The Strategic Water Partners Network and GIZ, together with their partners, funders and advisors, accept no responsibility for any claims, liabilities or actions arising out of the use of this document.

NAME OF MUNICIPALITY

PERFORMANCE BASED WATER CONSERVATION AND DEMAND MANAGEMENT

TENDER DOCUMENT

TENDER NO: ...........................

NAME OF TENDERER:

CLOSING DATE: ………………………………..

CLOSING TIME: ………………………………..

CLIENT:

The Municipal Manager

Name and address of municipality

Tel: ................ Fax: ................

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Model Performance Based WCWDM Contract for use in South Africa Page | i

CONTENTS

TENDERTENDER DOCUMENT CHECKLIST......................................................................................II

PART T1: TENDERING PROCEDURE...................................................................................1

T1.1 TENDER NOTICE AND INVITATION TO TENDER............................................................1

T1.2 TENDER OFFER...............................................................................................................3

T1.3 TENDER DATA................................................................................................................4

PART T2: RETURNABLE DOCUMENTS..............................................................................10

T2.1 LIST OF RETURNABLE DOCUMENTS.................................................................................10

T2.2.1 Returnable Schedules required only for tender evaluation purposes. 10T2.2.2 Other documents required only for tender evaluation purposes.........10T2.2.3 Returnable Schedules that will be incorporated into the contract.......10T2.2.4 Other documents that will be incorporated into the contract................10

CONTRACTPART C1: AGREEMENTS AND CONTRACT DATA..........................................................11

C1.1 OFFER AND ACCEPTANCE.............................................................................................11

C1.1.1 OFFER...........................................................................................................................11

C1.1.2 ACCEPTANCE................................................................................................................13

C1.2 SCHEDULE OF DEVIATIONS..........................................................................................15

C1.3 CONFIRMATION OF RECEIPT........................................................................................18

C1.4 CONTRACT DATA.........................................................................................................19

C1.4.1 CONDITIONS OF CONTRACT.........................................................................................19

C1.4.2 PRICING STRATEGY......................................................................................................19

C1.4.3 TABULATED CONTRACT DATA......................................................................................20

C1.4.4 DATA TO BE PROVIDED BY THE EMPLOYER..................................................................20

C1.4.5 DATA TO BE PROVIDED BY THE CONTRACTOR.............................................................25

PART C2: PRICING DATA......................................................................................................27

C2.1 BILL OF QUANTITIES FOR REIMBURSABLE COSTS........................................................27

C2.2 PERFORMANCE BONUS................................................................................................27

C2.3 MATERIAL CHANGES TO WATER SUPPLY AND CONSUMPTION...................................29

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PART C3: SITE INFORMATION............................................................................................31

PART C4: SCOPE OF WORKS................................................................................................32

C4.1 WCWDM TASKS TO BE CARRIED OUT IN THIS CONTRACT...........................................32

C4.2 REGULATORY COMPLIANCE.........................................................................................32

PART C5: GENERALLY APPLICABLE SPECIFICATIONS.............................................33

PART C6: PARTICULAR PROJECT SPECIFICATIONS..................................................34

C6.1 SPECIAL CONDITIONS RELATING TO THE OPERATION OF THE WATER SAVINGS DEVICES................................................................................................................................... 34

C6.2 SPECIAL CONDITIONS RELATING TO JOB CREATION AND LABOUR BASED WORK.......37

APPENDICESAPPENDIX A: PROJECTION OF WATER SUPPLY OVER THE CONTRACT PERIOD (THE BASELINE VOLUME)....................................................................................................38

APPENDIX B: SITE INFORMATION.....................................................................................39

APPENDIX C: CALCULATION OF PERFORMANCE BONUS........................................40

1. PERFORMANCE BONUS FOR REDUCTION IN WATER SUPPLY......................................40

2. ADDITIONAL PERFORMANCE BONUSES.......................................................................41

APPENDIX D: BILL OF QUANTITIES AND CALCULATION OF TENDER PRICE.42

D.1 CALCULATION OF TENDER PRICE.................................................................................43

D.2 BILL OF QUANTITIES FOR REIMBURSABLE COSTS........................................................44

APPENDIX E: PRO-FORMA PERFORMANCE GUARANTEE........................................45

APPENDIX F: STANDARD CONDITIONS OF TENDER...............................................................46

APPENDIX G: DETAILS OF KEY PERSONNEL TO BE PROVIDED BY THE CONTRACTOR..........................................................................................................................62

APPENDIX H: RETURNABLE SCHEDULES.................................................................................63

T2.2.1 RETURNABLE SCHEDULES REQUIRED FOR TENDER EVALUATION PURPOSES............63

1A. CERTIFICATE OF TENDERER'S VISIT TO THE SITE.........................................................63

1B. RECORD OF ADDENDA TO TENDER DOCUMENTS.......................................................64

1C. PROPOSED AMENDMENTS AND QUALIFICATIONS....................................................65

1D. KEY PERSONNEL.......................................................................................................... 66

1E. PLANT AND TOOLS SCHEDULE....................................................................................68

1F. SCHEDULE OF SUBCONTRACTORS..............................................................................69

1G. PREVIOUS WCWDM PROJECT EXPERIENCE FOR OTHER EMPLOYERS........................70

1H. PREVIOUS WCWDM WORK UNDERTAKEN FOR THIS EMPLOYER..............................71

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1I. PRELIMINARY WCWDM PROGRAM............................................................................72

1J. JOINT VENTURE DISCLOSURE FORM...........................................................................73

1K. COMPULSORY ENTERPRISE QUESTIONNAIRE.............................................................83

1L. CERTIFICATE OF AUTHORITY FOR SIGNATORY...........................................................86

1M. BANK DETAILS............................................................................................................. 87

T2.2.2 OTHER DOCUMENTS REQUIRED FOR TENDER EVALUATION PURPOSES....................88

2A. TAX CLEARANCE REQUIREMENTS...............................................................................88

2B. LETTER OF GOOD STANDING WITH THE WORKMAN’S COMPENSATION COMMISSIONER......................................................................................................................89

2C. LETTER OF INTENT TO PROVIDE PERFORMANCE GUARANTEE..................................90

2D. PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT REGULATIONS 2011.................................................................................................................91

2E. DECLARATION OF INTEREST (IN THE SERVICE OF THE STATE)....................................99

2G CERTIFICATE OF INDEPENDENT BID DETERMINATION.............................................105

T2.2.3 RETURNABLE SCHEDULES THAT WILL BE INCORPORATED INTO THE CONTRACT....108

3A WCWDM EQUIPMENT DATA SHEETS........................................................................108

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TENDER DOCUMENT CHECKLIST

Tenderers must complete this document checklist to ensure that all information is completed in the Tender Document.

Ref Description Incl.

All pages requiring signatures signed by the TendererT1.2 Correct Tender Offer Amount carried forward to Section T1.2C2.1 Contract Data to be supplied by ContractorC2.2 Bill of Quantities

Sign and date Final SummaryCompleted in BLACK INK onlyCorrections crossed out and initialled (no correcting fluid to be used)

T2.2 All Returnable Documents and Schedules submitted1A Certificate of Tenderer’s visit to the site.1B Record of Addenda to Tender Documents.1C Proposed Amendments and Qualifications.1D Key Personnel.1E Plant and Tools Schedule.1F Schedule of Subcontractors.1G Previous WCWDM Project Experience for Other Employers1H Previous WCWDM Project Experience undertaken for this Municipality.1I Preliminary WCWDM Program.1J Joint Venture Disclosure Form.1K Compulsory Enterprise Questionnaire.1L Certificate of Authority for Signature.1M Bank Details.2A Tax Clearance Certificate (D 2).2B Letter of Good Standing with the Workman’s Compensation Commissioner2C Letter of Intent to Provide a Performance Guarantee2D Preference Points Claim form in Terms of the Preferential Procurement2E Declaration of Interest (in the Service of the State) (D 4).2F Declaration of Tenderers Past Supply Chain Practices (D 8)2G Certificate of Independent Bid Determination (D 9)

3A WCWDM Equipment Data SheetAll other information as specified in the Bid Notice

Guidance Note:

Should the Employer have any additional requirements apart from the above, these should be added to the above list and to the relevant sections of the tender document. Similarly, should the Employer not require any of the above, these should be removed.

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PART T1: TENDERING PROCEDURE

T1.1 TENDER NOTICE AND INVITATION TO TENDER

BID NOTICE

PROJECT NAME:

Name of Municipality: Performance Based Water Conservation and Demand Management Contract

TENDER NUMBER: ..........................

Tenders are hereby invited from experienced Contractors for the performance based water conservation and demand management contract in the Name of Municipality in the Province of ...................... The Scope of Work includes the following:

List the WCWDM tasks to be carried out

The minimum specifications are detailed in the Tender document.

Payment of a non-refundable cash deposit of R....amount......... must be made at the offices of .......Name of Municipality....... from ....Date and Time...... The tender documents will then be Issued to tenderers upon presentation of their proof of payment at the clarification meeting.

A compulsory clarification meeting will be held at ...........Place, at Date at Time...........

Tenders in sealed envelopes endorsed as follows:

TENDER NO: ...............Number..............PROJECT NAME: Name of Municipality: Performance Based Water Conservation and Demand Management Contract

The completed tender must be placed in the tender box at .. ........Name of Municipality and address of tender box............... not later than ...........Date and time............. when tenders will be opened in public. Late, incomplete, electronic, telegraphic, telexed, faxed tenders will not be considered.

Bids shall be valid for a period of 90 days.

Bids will be evaluated and adjudicated in terms of the Municipality’s Supply Chain Management Policy and the 90/10 preference point scoring system will be applied. The Municipality subscribes to the Preferential Procurement Policy Framework Act, 2000 (Act No 5 of 2000).

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The Municipality does not bind itself to accept the lowest or any of the bids and reserves the right to accept the whole or part of the bid.

SCM related enquiries to be directed to .....Name of Municipality Supply Chain unit..... on Tel. No. ..........................

Technical enquiries should be directed to ..........................................

Issued by ...................................................................................................................

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T1.2 TENDER OFFER

Performance Based Water Conservation and Demand Management Contract

TO THE REQUIREMENTS OF THE NAME OF MUNICIPALITY

TENDER NUMBER: ................ CLOSING DATE: ................. CLOSING TIME: .............

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

Name of Tendering Company or Consortium

Contact Person

Postal Address

Street Address

Telephone Number Code: Number:

Cell phone Number

Facsimile Number Code: Number:

Email address

Vat Registration Number

Has an original tax clearance certificate been submitted (See Returnable Schedules, T.2.2.2, Form 2A (D2)?

YES / NO

The Tenderer, identified in the Offer signature block below and representing the above company or consortium authorised in terms of form 1L included in this document, has examined the documents listed in the Tender Data and addenda thereto as listed in the Tender Appendices, and by submitting this Offer has accepted the Conditions of Tender.

NAME OF PERSON SIGNING

SIGNATURE OF TENDERER

DATE

CAPACITY UNDER WHICH THIS TENDER IS SIGNEDTOTAL TENDER PRICE (including VAT)Carried forward from Appendix D, Section D.1

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T1.3 TENDER DATA

The Standard Conditions of Tender (see Appendix F) make several references to the Tender Data for details that apply specifically to this tender. The Tender Data shall have precedence in the interpretation of any ambiguity or inconsistency between it and the Standard Conditions of Tender. Each item of data given below is cross-referenced to the clause in the Standard Conditions of Tender to which it mainly applies.

Guidance Note:

Whereas the clauses in Appendix F are the Construction Industry Development Board (cidb) standard and therefore cannot be altered, the clauses in this section T1.3 take preference over those in Appendix F and can be altered at the discretion of the Employer.

The Standard Conditions of Tender provide for various options for the tender process (see “F.1.6.2 Competitive Negotiation Procedure”, “F1.6.3 Proposal procedure using two stage-system”, “F3.5 Two-envelope system”). The draft clauses below are written for the simplest option which has the shortest procurement time, which is the single stage, single envelope option. However, this option does not preclude negotiation of the final terms of the contract with the successful tenderer provided a competitive process has been followed to select that tenderer (see the note under clause F2.17 in the Standard Conditions).

If the employer wishes to use an alternative option for the tender process the appropriate clauses in this section T1.3 should be edited or added.

The additional conditions of tender are:

Clause Tender Datanumber

F.1.1 The employer is the ....NAME OF MUNICIPALITY......F.1.1 The terms Bid and Tender shall be used interchangeably and either may be used in this

documentF.1.2 The tender documents issued by the employer comprise:

Part T1: Tendering ProcedureT1.1 Tender noticeT1.2 Tender offer T1.3 Tender data

Part T2: Returnable DocumentsT2.1 List of returnable documentsT2.2 Returnable schedulesT2.3 Other documents required for tender evaluationT2.4 Returnable schedules that will be incorporated into the contract

Part C1: Agreements and contract data Part C2: Pricing dataPart C3: Site InformationPart C4: Scope of work

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Part C5: Generally applicable specificationsPart C6: Particular project specificationsand the Appendixes to the contract

F.1.4 For the purposes of the Tender the Employer’s Representative is:Name: ...........Address: .....................

......................Tel: .......................Fax: ..........................E-mail: ..........................

F.2.1 A Tenderer will not be eligible to submit a tender if:a) The contractor submitting the tender is under restrictions or has principals who are

under restriction to participate in the Employer’s procurement due to corrupt or fraudulent practices;

b) The Tenderer does not have the legal capacity to enter into the contract;c) The contractor submitting the tender is insolvent, in receivership, bankrupt or being

wound up, has his affairs administered by a court or judicial officer, has suspended his business activities, or is subject to legal proceedings in respect of the foregoing;

d) The Tenderer does not comply with the legal requirements stated in the Employer’s procurement policy;

e) The Tenderer cannot demonstrate that he possesses the necessary professional and technical qualifications and competency, financial resources, equipment and other physical facilities, managerial capability, personnel, experience and reputation to perform the contract;

f) The Tenderer cannot provide proof that he is in good standing with respect to duties, taxes, levies and contributions required in terms of legislation applicable to the work in the contract.

Tenderers are required to demonstrate their ability (clause (e) above refers) to perform the specified works and provide proof of previous experience and expertise to undertake a project of this nature. Tenderers are therefore required to meet a minimum Functionality Score of 60 points out of 100 based on the criteria listed in Table 1 below. A score of less than 60 will render the bid non responsive and Tenderers who cannot demonstrate previous experience of similar projects as described herein will not be considered further and will be eliminated.

Guidance Note:

Both Table 1 below and the qualifying score specified above can be set at the Employer’s discretion. The bar should not be set too low - companies with no experience in this specialised field who might have the potential to get into this work should first gain experience in joint ventures with experienced companies. However, the bar should not be set so high that effective competition is eliminated.

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The onus rests with the Tenderer to supply sufficient information to allow for evaluation and award of points detailed below. If insufficient information is provided, zero points will be awarded for that particular item. Note that functionality points are only used to pre-qualify the tenderer to be further assessed for price & preference points. The functionality score will be awarded in accordance with the following table and will NOT be carried forward to the adjudication.

The detail of these projects must be completed on Forms 1G and 1H, and must be accompanied by certified copies of the completion certificates for the particular contract. The project references WILL be contacted as a part of this process and it is therefore essential that the contact details are up to date.

A detailed proposed project programme as well as list of key plant required must be completed on forms 1E and 1I, and Curriculum vitae of all key staff members are to be attached to forms 1D failure to do the above will result in 0 point being awards for the relevant criterion.

Table 1: Functionality Assessment Criteria

Criterion Assessment Point Allocation Max. Points

Reference Check on Previous

WCWDM Performance

Recommended by all referees as being competent and capable of executing the work without qualification

35 points

35Recommended by all referees as being competent and capable of executing the work with minor qualifications which are manageable

20 points

Not recommended by Referees 0 points

Experience of full time WCWDM

project manager

Minimum 5 years managing water conservation and demand management projects

15 points

20Minimum 3 years managing water conservation and demand management projects

10 points

Less than 3 years’ experience managing water conservation and demand management projects

0 points

Specific targeted experience in

WCWDM

The contractor has successfully completed at least 3 WCWDM projects

35 points

35The contractor has successfully completed at least 1 WCWDM projects

20 points

All other experience 0 points

Programme

The work activities are clearly identified, time frames are realistic and demonstrate a clear understanding of the scope of works

10 points

10Out of balance with what other experienced practitioners have indicated and / or unrealistic with insufficient details 0 points

MAXIMUM SCORE 100

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F.2.7 The arrangements for a compulsory clarification meeting are as stated in the Tender Notice and Invitation to Tender. Tenderers must sign the attendance list in the name of the tendering entity. Addenda will be issued to those tendering entities appearing on the attendance list. Tenderers must ensure that the Certificate of Tenderer Visit to Site (form 1A) is signed by the Employer’s representative and that the name of the tendering entity appears on it, as tenders will be received only from entities with signed certificates.

F.2.9 The Employer does not provide insurance. The Contractor is responsible for providing full insurance cover for the contract.

F2.10 The tendered price must be inclusive of the Expected Performance Bonus, calculated according to the method given in Appendix D, Section D.1.

F.2.12.1 If a tenderer wishes to submit an alternative tender offer, the only criteria permitted for such alternative tender offer is that it demonstrably satisfies the Employer’s standards and requirements, the details of which may be obtained from the Employer’s Agent.

Calculations, drawings and all other pertinent technical information and characteristics as well as modified or proposed Pricing Data must be submitted with the alternative tender offer to enable the Employer to evaluate the efficacy of the alternative and its principal elements, to take a view on the degree to which the alternative complies with the Employer’s standards and requirements and to evaluate the acceptability of the pricing proposals. Calculations must be set out in a clear and logical sequence and must clearly reflect all design assumptions. Pricing Data must reflect all assumptions in the development of the pricing proposal.

F.2.12.2 Acceptance of an alternative tender offer will mean acceptance in principle of the offer. It will be an obligation of the contract for the tenderer, in the event that the alternative is accepted, to accept full responsibility and liability that the alternative offer complies in all respects with the Employer’s standards and requirements.

F.2.15 The closing time for submission of tender offers is as stated in the Tender Notice and Invitation to Tender.

F.2.16.1 The tender offer validity period is 90 days after tender closing.

F.2.23 The tenderer is required to submit with his tender:1) where the tendered amount inclusive of VAT exceeds R 10 million:

i) audited annual financial statement for 3 years, or for the period since establishment if established during the last 3 years, if required by law to prepare annual financial statements for auditing;

ii) a certificate certifying that the tenderer has no undisputed commitments for municipal services towards a municipality or other service provider in respect of which payment is overdue for more than 30 days;

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iii) particulars of any contracts awarded to the tenderer by an organ of state during the past five years, including particulars of any material non-compliance or dispute concerning the execution of such contract;

iv) a statement indicating whether any portion of the goods or services are expected to be sourced from outside the Republic of South Africa, and, if so, what portion and whether any portion of payment from the municipality or municipal entity is expected to be transferred out of the Republic.

2) An Original Valid Tax Clearance Certificate3) A current B-BBEE certificate issued by a verification agency accredited by SANAS or a

registered auditor.All other Documents as specified in the tender document

F.3.4 Tenders will be opened immediately after the closing time for tenders at the .........Name of Municipality and Address......

F.3.5 A two-envelope procedure will not be followed.

F.3.11 The procedure for the evaluation of responsive tenders is Method 2.

Guidance Note:

In terms of a court case in the KwaZulu-Natal High Court, Pietermaritzburg Case No 10878/2009 the use of Methods 3 and 4 for the adjudication of tenders is not permissible. The reason they still appear in the Standard Conditions (Appendix F) is because the cidb have not yet issued revised Standard Conditions of Tender.

F.3.11.7 The financial offer will be scored using Formula 2 (option 1) in Table F.1 of the Standard conditions of Tender where the value of W1 is:1) 90 where the financial value inclusive of VAT of all responsive tenders received have a

value in excess of R 500 000; or 2) 80 where the financial value inclusive of VAT of one or more responsive tender offers

equals or is less than R 500 000.

F.3.11.8 In terms of Regulation 5 (2) and 6 (2) of the Preferential Procurement Regulations, preference points will be awarded to a Tenderer for attaining the B-BBEE status level of contribution in accordance with the table below on presentation of a valid B-BEEE certificate as stipulated in F2.23:

Table 2: Points allocation for B-BBEE Status

B-BBEE Status Level of Contributor

Number of points (90/10 system)

Number of points(80/20 system)

1 10 202 9 183 8 164 5 125 4 86 3 67 2 4

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8 1 2Non-compliant 0 0

F.3.12 Full insurance is to be provided by the Contractor for materials on site. The contractor must provide the employer with the insurance policy information and certificates prior to the commencement of the contract.

F.3.17 The number of signed original copies of the contract to be given to the successful tenderer is one.

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PART T2: RETURNABLE DOCUMENTS

T2.1 LIST OF RETURNABLE DOCUMENTS

The tenderer must complete the following returnable documents:

T2.2.1 Returnable Schedules required only for tender evaluation purposes

A. Certificate of Tenderer’s visit to the site.B. Record of Addenda to Tender Documents.C. Proposed Amendments and Qualifications.D. Key Personnel.E. Plant and Tools Schedule.F. Schedule of Subcontractors.G. Previous WCWDM Project Experience for Other EmployersH. Previous WCWDM work Undertaken for this MunicipalityI. Preliminary WCWDM ProgramJ. Joint Venture Disclosure Formk. Compulsory Enterprise Questionnaire.L. Certificate of Authority for Signature.M. Bank Details.

T2.2.2 Other documents required only for tender evaluation purposes

A. Tax Clearance CertificateB. Letter of Good Standing with the Workman’s Compensation CommissionerC. Letter of Intent to Provide a Performance GuaranteeD. Preference Points Claim form in Terms of the Preferential Procurement

Regulations 2011 (B 6.1)E. Declaration of Interest (in the Service of the State) (D 4).F. Declaration of Tenderers Past Supply Chain Practices (D 8)G. Certificate of Independent Bid Determination (D 9)

T2.2.3 Returnable Schedules that will be incorporated into the contract

A. WCWDM Device Data Sheets

T2.2.4 Other documents that will be incorporated into the contract

C1 Contract Data (Part 2: Data Provided by Contactor)C2 Bill of Quantities Appendix D

Guidance Note:

Examples of these schedules are included in Annexure H or the Municipality may use its own existing schedules. It is, however, critical to ensure that all of the above matters are included, in one format or another, with the tender documents.

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PART C1: AGREEMENTS AND CONTRACT DATA

C1.1 OFFER AND ACCEPTANCE

C1.1.1 OFFER

The Tender offer is to be recorded in Section T1.2 which can be found at the beginning of this document. The following Form of Offer and Acceptance should only be completed after the adjudication of the tenders has been completed, after a successful tenderer has been identified, and after any deviations to the contract which may affect the contract price have been agreed.

The Employer, identified in the Acceptance signature block, has solicited offers to enter into a contract in respect of the following works:

Contract name .

By the representative of the Contractor, deemed to be duly authorized, signing this part of this Form of Offer and Acceptance, the Contractor contracts to perform all of the obligations and liabilities of the Contractor under the Contract including compliance with all its terms and conditions according to their true intent and meaning for an amount to be determined in accordance with the Conditions of Contract identified in the Contract Data.

THE OFFERED TOTAL OF THE PRICES INCLUSIVE OF VALUE ADDED TAX IS

Rands (in words); R (in figures).

This offered total of the prices is the sum of the reimbursable costs according to the Bill of Quantities and the expected Performance Bonus. The calculation of the tender price is as per Appendix D, Section D.1.

This Offer may be accepted by the Employer by signing the Acceptance part of this Form of Offer and Acceptance and returning one copy of this document to the Tenderer before the end of the period of validity stated in the Tender Data, whereupon the Tenderer becomes the party named as the Contractor in the Conditions of Contract identified in the Contract Data.


For the Tenderer:

Signature _________________________________________

Name _________________________________________

Capacity _________________________________________

Name and address of organisation _________________________________________

Date _________________________________________

Signature and name of witness

Signature _________________________________________

Name _________________________________________

Date _________________________________________

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C1.1.2 ACCEPTANCE

By signing this part of this Form of Offer and Acceptance, the Employer identified below accepts the Contractor's Offer. In consideration thereof, the Employer shall pay the Contractor the amount due in accordance with the Conditions of Contract identified in the Contract Data. Acceptance of the Contractor’s Offer shall form an agreement between the Employer and the Contractor upon the terms and conditions contained in this Agreement and in the Contract that is the subject of this Agreement.

The terms of the contract are contained in:

Part 1 Agreements and Contract Data, (which includes this Agreement)

Part 2 Pricing data

Part 3 Site information

Part 4 Scope of work

Part 5 Generally applicable specifications

Part 6 Particular Project specifications

and the Appendices which provide supplementary information where required.

Deviations from and amendments to the documents listed in the Tender Data and any addenda thereto listed in the Tender Appendices as well as any changes to the Terms of the Offer agreed by the Tenderer and the Employer during this process of offer and acceptance, are contained in the Schedule of Deviations attached to and forming part of this Agreement. No amendments to or deviations from said documents are valid unless contained in this Schedule, which must be duly signed by the authorised representatives) of both parties.

The Tenderer shall within two weeks after receiving a completed copy of this Agreement including the Schedule of Deviations (if any), contact the Employer’s agent (whose details are given in the Contract Data) to arrange the delivery of any bonds, guarantees, proof of insurance and any other documentation to be provided in terms of the Conditions of Contract identified in the Contract Data at or just after the date this Agreement comes into effect. Failure to fulfil any of these obligations in accordance with those terms shall constitute a repudiation of this Agreement.

Notwithstanding anything contained herein, this Agreement comes into effect on the date when the Tenderer receives one fully completed original copy of this document, including the Schedule of Deviations (if any), unless the Tenderer (now Contractor) within five days of the date of such receipt notifies the Employer in writing of any reason why he cannot accept the contents of this Agreement, this Agreement shall constitute a binding contract between the parties.

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For the Employer:

Signature _________________________________________

Name _________________________________________

Capacity _________________________________________


Date _________________________________________


Signature _________________________________________

Name _________________________________________

Date _________________________________________

Guidance note:

The Employer is the Municipality that “employs” the Contractor to do Water Conservation and Demand Management in terms of this contract.

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C1.2 SCHEDULE OF DEVIATIONS

By the duly authorised representatives signing this Schedule of Deviations, the Employer and the Contractor agree to and accept these deviations as the only deviations from and amendments to the documents listed in the Tender Data and addenda thereto as listed in the Tender Appendices, as well as any confirmation, clarification or change to the terms of the offer agreed by the Tenderer and the Employer during this process of offer and acceptance.

It is expressly agreed that no other matter whether in writing, oral communication or implied during the period between the issue of the tender documents and the receipt by the Tenderer of a completed signed copy of this Agreement shall have any meaning or effect in the contract between the parties arising from this Agreement.

Notes:

1. The extent of deviations from the tender documents issued by the Employer prior to the tender closing date is limited to those permitted in terms of the Conditions of Tender.

2. A Tenderer’s covering letter shall not be included in the final contract document. Should any matter in such a letter, which constitutes a deviation as aforesaid, become the subject of agreements reached during the process of offer and acceptance the outcome of such agreement shall be recorded here.

3. Any other matter arising from the process of offer and acceptance either as a confirmation, clarification or change to the tender documents and which is agreed by the Parties becomes an obligation of the contract shall be recorded here.

4. Any change or addition to the tender documents arising from the above agreements and recorded here shall also be incorporated into the final draft of the Contract.

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Agreed Deviations

1. Subject :

Details of Deviation:

2. Subject:

Details of Deviation:

(Attach additional pages as required)

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Confirmation of Agreement to the Schedule of Deviations

For the Contractor:

Signature _________________________________________

Name _________________________________________

Capacity _________________________________________


Date _________________________________________


Signature _________________________________________

Name _________________________________________

Date _________________________________________

For the Employer:

Signature _________________________________________

Name _________________________________________

Capacity _________________________________________


Date _________________________________________


Signature _________________________________________

Name _________________________________________

Date _________________________________________

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C1.3 CONFIRMATION OF RECEIPT

The Contractor identified in the Offer part of this Agreement, hereby confirms receipt from the Employer, identified in the Acceptance part of this Agreement, of one fully completed original copy this Agreement, including the Schedule of Deviations (if any) today:

The ………………………………………………………………….. (day)

of ……………………………………………………………………. (month)

20 ………….. (year)

For the Contractor:

Signature _________________________________________

Name _________________________________________

Capacity _________________________________________


Date _________________________________________


Signature _________________________________________

Name _________________________________________

Date _________________________________________

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C1.4 CONTRACT DATA

C1.4.1 CONDITIONS OF CONTRACT

The General Conditions of Contract for Construction Work (GCC)s , Second Edition, 2010, published by the South African Institution of Civil Engineering, Private Bag X200, Halfway House, 1685 is applicable to this Contract and is obtainable from www.saice.org.za /book-store .

Any reference to Engineer or Engineer’s Representative in the GCC shall be read as a reference to the Employer’s Representative nominated in terms of this Contract.

Guidance note:

The General Conditions of Contract for Construction Works may be obtained from the South African Institution of Civil Engineering. Phone number (011) 805 5947.

These General Conditions are an integral part of the contract and the contract must be read within the context of the General Conditions.

These General Conditions of Contract (GCC) are recognised by the Construction Industry Development Board of South Africa.

GCC 2010 (as the above contract conditions are commonly referred to) is recommended because it is reasonably well known in the civil engineering industry, and is relatively straightforward in implementation. Although performance based WCWDM contracts are a specialised area of work they are nevertheless closer to civil engineering than anything else. Using GCC 2010 provides tried and tested procedures for contract management, particularly when it comes to variations and disputes, which is where contracts are particularly important.

If the contract drafter wishes to specify one of the alternative generally recognised forms of contract (e.g. NEC) then this Section 1.4 must simply be edited accordingly.

C1.4.2 PRICING STRATEGY

The Pricing Strategy is a Re-measurement Contract for the items shown in the Bill of Quantities supplemented by a Performance Bonus related to a reduction in bulk water supply relative to the projection of that supply as contained in Appendix A of this agreement, or any other performance indicator/s which might be agreed by the parties to this contract. Clause 1.1.1.26 of GCC 2010 refers.

Guidance note:This contract may be compiled so as to provide that payment is to be made:• only in terms of a re-measurable contract in terms of the Bill of Quantities (which would mean that it is not

a performance base contract); or• only in terms of Performance Payments; or• by means of a combination of a re-measurable contract and a performance bonus.

If the last option is chosen then the Expected Efficiency Gain to be used in the tender price calculation (see Appendix D, Section D.1) should be set at a level which will encourage appropriate price competition in the tendered reimbursable rates. If the Expected Efficiency Gain is set unrealistically high, then tenderers may price the reimbursable rates below cost, which may result in the contractor running into difficulties, which may jeopardize the completion of the contract. If the Expected Efficiency Gain is set unrealistically low, then the tenderers will not be likely to discount their reimbursable rates enough to justify the payment of an additional performance based bonus.

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http://www.saice.org.za/


C1.4.3 TABULATED CONTRACT DATA

The following contract specific data, referring to the General Conditions of Contract for Construction Works, Second Edition, 2010, are applicable to this Contract:

C1.4.4 DATA TO BE PROVIDED BY THE EMPLOYER

Clause 1.1.1.13 The Defects Liability Period is:(measured from the date of the Certificate of Completion of the whole of the works)

12 months

Clause1.1.1.14 The time for achieving Practical Completion of the whole of the Works is:(Note: The duration of contract is measured from the Commencement Date. Prediction of baseline water supply more than 36 months into the future is not advisable for performance based contracts. )

36 months

Clause 1.1.1.15 The name of the Employer is: The legal name of the Employer

Clause 1.2.12 The address where the Employer will receive notices is:

The physical address,postal address,

email address and/orfax number

Clause 1.1 1.16 The Employer’s Representative on the contract, who shall undertake the responsibilities of both the Engineer and the Engineer’s Representative in terms of the Contract is:

The legal name of the Employer’s Representative.

Clause 1 2 1.2 The address of the Employer’s Representative where the Employer’s Representative will receive notices is:

The physical address,postal address,

e-mail address and/orfax number

Clause 5.3.1 The documents required before commencement with Works execution are:

Health and Safety Plan (Refer to Clause 4.3)

Initial programme (Refer to Clause 5.6)

Security (Refer to Clause 6.2)

Insurance (Refer to Clause 8.6)Clause 5.3.2 The time to submit the documentation required

before commencement with Works execution is:28 days.

Clause 5.5.1 The non-working days are:

The special non-working days are:

Sundays

(1) Public holidays.(2) The year end break

commences on 16 December

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and ends on 3 January.Clause 5.13.1 The penalty for failing to complete the Works is: …………….Rand per day

Clause 5.16.3 The latent defect period is: 5 years

Clause 6.5.1.2.3 The Contractor’s overhead charges in respect of any Dayworks are: ………………..%

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Clause 6.10.1.5 The percentage advance on materials not yet built into the Permanent Works is: ……………….%

Clause 6.10.3 The limit of retention money is: 5 percent of the contract value excluding the Performance

Bonus.Clause 8.6.1.1 .21 The value of plant and materials supplied by the

Employer to be included in the insurance sum is: …………… RandsClause 8.6.1.1 .3 The amount to cover damage and loss to be

included in the insurance sum is: ………….. RandsClause 8.6.1 .31 The limit of indemnity for liability insurance is:

…………….. RandsClause 10.5.3 The number of Adjudication Board Members to be

appointed is:One.

The applicable daily wage for unskilled labour sourced from the project area is: …………….. Rands

OPTIONAL DATAThe governing law is: The law of the Republic of

South AfricaThe language of the contract is: English

Clause 3.1.3 The Employer’s Representative shall obtain the specific approval of the Employer before:

Increasing the contract value

The Contractor shall obtain the specific approval of the Employer before:

Accessing the bulk distribution lines or reticulation lines;

Shutting down any water supply.

Clause 5.42 The access and possession of the Site shall be or not be exclusive to the Contractor.

Not exclusive. The site is an operational works.

Clause 6.8.2 The value of the performance bonus shall not be adjusted in accordance with the Contract Price Adjustment Schedule.

The value of the certificates issued that are based on the Bill of Quantities shall be adjusted in accordance with the Contract Price Adjustment Appendix with the following values:

If the value of x is not 0.1 then:The value of "x" (the portion expressed as a decimal of unity not subject to adjustment

The values of the coefficients are:

X= value

a = Labour a= value

b = Contractor’s equipment b = value

c = Material c = value

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d = Fuel

Note that the total of all the above four coefficients must equal 1.0.

d = value

The province wherein the larger part of the Site is located is:(Select the province for which the Labour Index would be applicable from Statistical News Release, P0141, Table A.)

Name of Province

The applicable industry for the Producer Price Index for materials is:(Select the applicable industry from Statistical News Release, P0142.1, Table 11)

Name of industry

The area for the Producer Price Index for fuel is:(Select the area from Statistical News Release)

Name of area

P0142.1 Table 12. The base month and year is:(the month prior to closing of the tender.)

Base month of year

Clause 6.8.3 If price adjustments for variations in the costs of special materials are to be allowed then price adjustments for variations in the costs of the following special materials are allowed:

list special materials – refer to schedule to be attached if

space requires

Clause 8.6.1 If a completely different type of insurance scheme than the scheme, with additions, stated in the General Conditions of Contract is required, then:

Delete Clause 8.6.1 and replace it with the

requirements and/or details of the insurance scheme

Clause 8.6.1.2 A Coupon Policy for Special Risks insurance issued by the South African Special Risks Insurance Association is/is not required.

Required or not required

Clause 8.6.1.5 If additional insurance is required then:In addition to the insurances required in terms of General Conditions of Contract Clauses 8.6.1.1 to 8.6.1.4 the following insurance is also required:

The requirements and/or details of the additional

insurance.

Clause 10.5.1 Dispute resolution shall be by: Standing adjudication

Clause 10.7.1 The determination of disputes shall be by: Arbitration or litigation

Guidance note:

Time is needed for WCWDM interventions to take effect hence it is inadvisable to use too short a period for such a contract. However, particularly if the performance bonus has a significant weighting in the contract, then it is inadvisable to use too long a contract period either, due to the reduction in the confidence of the Baseline Volume projections the further one projects into the future. Experienced practitioners advise that 36 months is a suitable compromise and this matches the National Treasury’s MTEF Period meaning that a provable budget is available and the requirements of the MFMA are thus satisfied.

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2.2 PERFORMANCE BONUSThe unique identification numbers of the bulk meter/s that is/are to be used for calculating the Performance Bonus are:

………………Meter number………………Meter number

The Expected Efficiency Gain is: ………………….%

The Performance Bonus Periods are: 6 monthly excluding first 6 months on contract period.

The Performance Bonus Cap for any Performance Bonus Period expressed as a percentage of Baseline Volume:

20%

Performance bonus minimum threshold for any Performance Bonus Period expressed as percentage of the Baseline Volume:

5%

The Minimum Material Change Limit expressed as a percentage of the Baseline Volume:

5%

The Baseline Water Volume projection for the Supply Area: As set out in Appendix A

The maximum that may be tendered for the Performance Bonus Rate is:

R2/kℓ

The minimum that may be tendered for the Performance Bonus Rate is:

R0.50/kℓ

CONTRACTOR’S PROGRAMMEThe commissioning of any PRVs, control valves or zonal meters specified must be programmed to be completed within:

6 months of the Commencement Date.

Part 6:PARTICULAR PROJECT SPECIFICATIONS

Minimum Water Savings Device Operational Period 24 months

Guidance note:

Regarding the maximum and minimums levels to be set for the Performance Bonus Rate , it is recommended that the maximum level does not exceed 30% of the bulk water cost to the Employer, and that the minimum level is not below 10% of the bulk water cost. The rationale for the upper level of 30% is that a significant portion of the financial savings achieved through the contract should accrue to the Employer, in order to make the WCWDM intervention affordable. The rationale for the lower level is that if it is too low there will be insufficient incentive to perform, which is against the logic of the performance based contract. A tenderer may then win the contract due to having come in too low on the performance bonus rate, and may have loaded the rates for the reimbursable items.

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C1.4.5 DATA TO BE PROVIDED BY THE CONTRACTOR

This section to be completed at the time the contract is finalised. For tender purposes, Section T1.2 in the front of the document is to be used. The tendered Performance Bonus Rate is to be entered into Section D.1, Appendix D.

Reference OFFER AND ACCEPTANCEThe offered total of the prices inclusive of value added tax is:(See Offer and Acceptance and calculation of tender price Appendix D Section D.1. Note – this must be the same figure as that filled in on the Form of Offer and Acceptance, which will take precedence should it differ)

Rand

1.4.2 DATA PROVIDED BY THE CONTRACTOR

Clause 1.1.1.9 The name of the Contractor is: The legal name of the Contractor

Clause 1.2.1.2 The address of the Contractor is: The physical address,postal address,

e-mail address and/orfax number.

Clause 6.21 The security to be provided by the Contractor shall be one of the following:

Type of securityIndicate if Value Added Tax is excluded from the Contract Sum and the value of the Works for calculating the percentages.

VAT excluded when calculating percentages

Cash deposit of …………% of the Contract Sum

%

Performance guarantee of ………….% of the Contract Sum

%

Retention of ………………..% of the value of the Works

%

Cash deposit of …………….% of the Contract Sum plus retention of ……………….% of the value of the Works

%%

Performance guarantee of ………………% of the Contract Sum plus retention of ……………..% of the value of the Works.

%%

Note: In the Standard for Uniformity in Construction Procurement in section 4.4.4.4 it is stated that “Retention monies that are held shall not exceed 10% of any amount due to a contractor. Where guarantees of an insurance

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company or bank that are provided are equal to or greater than 10% of the contract price, the total amount of retention monies held shall not exceed 5% of the contract price”.

The staff to be provided by the contractor for this contract are listed in:

Appendix G

The Performance Bonus Rate per kilolitre of measured Efficiency Gains: ………………Rands per kilolitre

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PART C2: PRICING DATA

The Employer shall pay the Contractor: Monthly interim payments based on the reimbursable Bill of Quantities; and A performance bonus at the end of every 6 (six) months of the contract, excluding the first 6

(six) months, for water loss reduction actually achieved measured relative to the supply projection included in Appendix A of this contract (all periods are calculated from the Commencement Date); and

Any other performance bonuses based on additional indicators agreed by the parties to the contract and detailed in Appendix C to this contract.

Performance bonus calculations are described in Section 2.2 below and will be adjusted in the event of a material change to water supply and consumption which could not have been foreseen by the parties to this contract using the principles laid out in Section 2.3 below.

C2.1 BILL OF QUANTITIES FOR REIMBURSABLE COSTS

The reimbursable Bill of Quantities is included in Appendix D.

The actual quantities shall be measured by the Employer’s Representative in accordance with Clause 6.7 of the General Conditions of Contract.

C2.2 PERFORMANCE BONUS

C2.2.1 The principle underlying the payment of the Performance Bonus is that the Employer shall pay the Contractor the tendered Performance Bonus Rate for the Efficiency Gain enjoyed by the Employer by virtue of the Services provided to it by the Contractor, subject to a Performance Bonus Cap. These terms are defined in the clauses that follow.

C2.2.2 Actual Measured Volume means the actual or real volume of water supplied to the Supply Zone in each month of the Agreement Term, as measured monthly at the identified bulk meters.

C2.2.3 The unique identification numbers of the bulk meters that are used for calculating the Performance Bonus are recorded in the Contract Data.

C2.2.4 Baseline Volume means the projected volume of water which is likely to have been supplied to the Supply Zone should there have been no intervention by the Contractor in the Supply Zone, in each month of the Agreement Term.

C2.2.5 The Baseline Volume is recorded in the Contract Data and is based on a mutually agreed analysis of the historical volume of water which has been supplied in the Supply Zone as measured monthly at the identified bulk meters and extrapolated over each month of the Contract Period.

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C2.2.6 The Water Saving means the achieved decrease in water supplied to the Supply Zone represented by the difference between the Baseline Volume and the Actual Measured Volume accruing in favour of the Municipality, and measured in kilolitres, resulting in water reduction and/or financial savings for the Municipality as a result of the amount of water actually supplied being less than that predicted by the Baseline Volume.

C2.2.7 The Efficiency Gain is the Water Saving expressed as a percentage of the Baseline Volume. The Expected Efficiency Gain is the percentage saving in bulk water supply which is considered to be reasonably achievable through the course of this contract and is used for determining the offered total of the prices and for evaluating tender offers. The Expected Efficiency Gain is recorded in the Contract Data.

C2.2.8 Performance Bonus means the remuneration of the Contractor to be earned during any Performance Bonus Period and is payable by the Municipality if there is a Water Saving over any Performance Bonus Period subject to the Performance Bonus Minimum Threshold and the Performance Bonus Cap.

C2.2.9 The timing and duration of the Performance Bonus Periods is recorded in the Contract Data.

C2.2.10 The Performance Bonus Rate is the rate tendered by the Contractor per kilolitre of water saved due to the Water Saving, and is to be used in calculating the Performance Bonus. The Performance Bonus Rate is recorded in the Contract Data. The employer may specify upper and lower limits for this rate in the Contract Data.

C2.2.11 The Performance Bonus Period is a period for which a performance bonus calculation is made. The actual water supplied versus the Baseline Volume for this period forms the basis of the bonus. The applicable performance bonus periods are stated in the Contract Data.

C2.2.12 The Performance Bonus payable to the Contractor shall be equal to the Performance Bonus Rate in Rand per kilolitre tendered by the Contractor times the Water Saving in kilolitres for the relevant Performance Bonus Period subject to the Performance Bonus Minimum Threshold and the Performance Bonus Cap.

C2.2.13 The Performance Bonus Cap is the maximum efficiency gain measured in percentage terms which can be used in the calculation of the Performance Bonus. It is specified in the Contract Data as the percentage saving (actual water supplied versus predicted Baseline Volume). The maximum permissible bonus payment for any Performance Bonus Period is limited to the Performance Bonus Rate times the Performance Bonus Cap times the Baseline Volume for that Performance Bonus Period.

C2.2.14 The Performance Bonus Minimum Threshold is the minimum efficiency gain measured in percentage terms below which no Performance Bonus is payable. It is specified in the Contract Data as the percentage saving (actual water supply versus predicted Baseline Volume). The Contractor shall not be entitled to the payment of a Performance Bonus in any Performance Bonus Period where the Efficiency Gain does not exceed the Performance Bonus Minimum Threshold.

C2.2.15 Performance Bonus Review Meeting means the meeting to review the progress and to determine the Performance Bonus. Performance Review Meetings shall be held between representatives of each of the Contractor and Employer at the beginning and end of every Performance Bonus Period. The Review Meetings will be chaired and minuted by the Employer’s Representative.

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Guidance Note:

The Performance Bonus Rate is a tendered rate and is independent of any fluctuations of the actual price of bulk water, or the actual cost of treating and supplying water.

The Performance Bonus Cap can be used to regulate the maximum bonus payable and the Performance Bonus Minimum Threshold can be used to ensure that the Contractor does not receive a Performance Bonus for savings which are less than the accuracy of the recording meters.

C2.2.16 The Contractor shall have the Bulk Meters tested by an independent agent approved in accordance with SANS 1529 at the beginning of the Contract Period and at least once every 12 (twelve) months during the Contract Period, and if necessary, re-calibrated or replaced. The cost of doing so will be recoverable by the Contractor from the Employer as a reimbursable item.

C2.2.17 In order to assist the Employer to monitor the Efficiency Gain which the Contractor has achieved, and to enable the Employer to calculate the Performance Bonus, the Contractor shall provide the Employer with a monthly written report in the agreed format no later than the fifth working day of each month, in respect of the previous month. This report shall record the Bulk Meter readings and any downstream municipal Zone Meters or PRV bulk meters. The accuracy of this report in all material respects will be confirmed by the Employer’s Representative.

C2.2.18 The Efficiency Gain calculations shall be included with all monthly payment certificates.

C2.3 MATERIAL CHANGES TO WATER SUPPLY AND CONSUMPTION

C2.3.1 The Minimum Material Change Limit is recorded in the Contract Data and is expressed as a percentage of the Baseline Volume.

C2.3.2 A Material Change to Water Supply and Consumption which could not have been foreseen by the parties to this contract shall include any event or circumstance whether structural, operational or otherwise which does or which could be expected, in the reasonable judgment of the Employer, to increase or decrease the water supply to the Supply Zone by more than the Minimum Material Change Limit times the Baseline Volume for any Performance Bonus Period, and includes but is not limited to:

i. a drought situation anywhere in the country necessitating the imposition by the national, provincial or local government or the Water Services Authority, or the bulk water supplier of water, of water conservation measures in the Supply Zone (in which case the Baseline Volume may decrease);

ii. an increase in water supply resulting from housing development activities or housing development activities having an effect on the Supply Zone, or a municipal boundary change;

iii. a Water Services System failure unrelated to the contractor’s activities resulting in high water losses; and

iv. Force Majeure affecting the Supply Zone.

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C2.3.3 In the event of a Material Change, the Parties shall endeavour to negotiate a new Baseline Volume in good faith at the next Performance Bonus Review Meeting.

Either Party may declare a dispute and the Dispute Resolution Procedures shall apply if the Parties are unable to negotiate a new Baseline Volume.

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PART C3: SITE INFORMATION

Guidance Note:

Here the Employer shall describe the area where the WCWDM work is to take place.This will also include maps and other information necessary for procuring a fair tender.This will include, but not necessarily be limited to the following:

i) Localityii) Topographyiii) Level of water service provisioniv) Geotechnical aspectsv) Jurisdictional authorityvi) Demographyvii) Road accessviii) Area designated for the contractor to set up any facilities (e.g. offices, stores and depots) which might be required for the contractix) Available details of the water supply system, including a broad description of the layout of the pipe network and the position and type of the major valves, meters and reservoirs

Details of water tariffs

Supplementary information where available (drawings, records, GPS co-ordinates, etc.) will be provided to the appointed contractor.

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PART C4: SCOPE OF WORKS

The main purpose of the scope of works is to reduce the water requirement in each of the designated supply zones through a combination of water use reduction measures.

C4.1 WCWDM TASKS TO BE CARRIED OUT IN THIS CONTRACT

Guidance note:

This section must provide a reasonably detailed description of the specific tasks to be carried out by the contractor. Only with detailed knowledge of the particular situation and the context where the work is to take place can this scope of work be defined. The range of possible WCWDM tasks can be summarised as follows:

Task 1: Community awareness and educationTask 2: SectorisationTask 3: Flow and Pressure LoggingTask 4: Pressure Management Task 5: Active leak detectionTask 6: The inspection and replacement where necessary of non-domestic water metersTask 7: The inspection and replacement where necessary of domestic water metersTask 8: Leak reduction on domestic propertiesTask 9: Pipe replacementTask 10: Training of municipal officials and hand-over

For a discussion of these tasks refer to the “Guidelines for the use of the Model Performance Based WCWDM Contract for use in South Africa.”

C4.2 REGULATORY COMPLIANCE

C4.2.1 The Parties shall execute their undertakings and obligations arising in accordance with this Agreement in compliance with all relevant Regulatory Provisions, including but not limited to applying for necessary approvals, consents, licences or permits, where required.

C4.2.2 Regulatory Provisions means collectively or individually, the provisions of any legislation, regulation, or policy directive or notice issued under such legislation or regulation, which are directly related to the supply of Water Services or the activities of the Municipality or the Contractor and related to the supply of Water Services in the Supply Zone.

C4.2.3 Each Party shall, on the reasonable request of the other, do what it reasonably can to assist the requesting Party in complying with all applicable Regulatory Provisions and where such compliance requires any action, undertake such assistance timeously and properly.

C4.2.4 The Employer and Contractor shall consult from time to time with regard to any assistance or advice which the Contractor may require in connection with fulfilling any of its obligations in terms of this Agreement. The Employer shall further timeously provide the Contractor with such information as

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it may reasonably require to enable it to comply with any of the Contractor's obligations in terms of this Agreement.

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PART C5: GENERALLY APPLICABLE SPECIFICATIONS

The following SANS 1200 standards will apply:

SANS 1200 A -1986: GeneralSANS 1200 AB - 1986: Engineer's OfficeSANS 1200 C - 1980 (19 May 1982): Site ClearanceSANS 1200 D - 1988 (amended 1990): Earthworks SANS 1200 DB - 1989: Earthworks (pipe trenches)SANS 1200 G - 1982: Concrete structuralSANS 1200 HA - 1990: Structural steelwork (sundry items)SANS 1200 L - 1983: Medium pressure pipelinesSANS 1200 LB - 1983: Bedding (pipes)

Guidance Note

The Employer’s Representative must include in this list any other generally applicable standards which may be considered relevant and necessary.

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PART C6: PARTICULAR PROJECT SPECIFICATIONS

Guidance Note:

The Employer’s Representative must here detail any particular project specifications which are required for the clarification of what exactly is meant by certain items in the Bill of Quantities. These specifications will be cross-referenced accordingly in the Bill of Quantities.

C6.1 SPECIAL CONDITIONS RELATING TO THE OPERATION OF THE WATER SAVINGS DEVICES

C6.1.1 Water Savings Device means a PRV, water meter or other installation installed by the Contractor with the purpose of conserving water or reducing water demand. Any such devices installed during the course of this contract shall become the property of the Employer after the completion of the contract.

C6.1.2 Operational Certificate means the certificate signed by the Engineer and the Municipality evidencing that the critical elements of the Water Savings Device have been successfully installed, commissioned and tested, and can be operated for the purpose of the Water Savings Device Operating Services.

C6.1.3 Operational Date means the date stipulated in the Operational Certificate as the date on which the Water Savings Device, including Pressure Reducing Valves, will be ready for operation and from which date the Contractor will provide the Water Savings Device Operating Services.

C6.1.4 Water Savings Device Operational Period means the period commencing on the Operational Date and ending on the Practical Completion date during which the Water Savings Device Operating Services are provided.

C6.1.5 The Water Savings Device Operational Period shall not be less than the Minimum Water Savings Operational Period as recorded in the Contract Data.

C6.1.6 Minimum Water Pressure means the minimum water pressure measurement (in bars and in a range of between 0.5 and 1.5) at the critical point in the Zone as specified in the Site Information (Part 3).

C6.1.7 Prior to commissioning, the Contractor shall provide a commissioning procedure manual, a maintenance plan, a standard operating procedures, and procedures for emergency action in relation to ANY Water Savings Device.

C6.1.8 The Contractor shall give at least 2 (two) weeks' notice to the Employer of its intention to install and test and commission the Water Savings Device, and shall meet with the Employer in order to review

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the commissioning procedure and to plan the testing and commissioning so as to cause the least possible interruption to the provision of Water Services in the Supply Zone.

C6.1.9 The Contractor shall conduct a thorough and systematic performance test of each of the electrical, mechanical, hydraulic and electronic elements of the installed Water Savings Device which enable provision of the Services, in accordance with the commissioning procedures specified by the Contractor prior to Commissioning.

C6.1.10 The Contractor shall in all cases, provide prior notice to Employer of any scheduled Water Savings Device commissioning or performance test(s) and the Employer’s Representative shall be present at all such tests.

C6.1.11 The Contractor shall, at its own cost, have any Water Savings Device tested in a facility accredited for this purpose, by an independent agent approved in accordance with SANS 1529 at least once every 12 (twelve) months during the Operational Period, and if necessary, re-calibrated or replaced. The Contractor shall ensure that it obtains a report setting out the results of the test from the third party, and shall provide this report to Employer at the Review Meeting immediately following each test.

C6.1.12 The Employer shall facilitate adequate access to the Site for the Contractor from the Operational Date for the purposes of providing the Water Savings Device Operating Services.

C6.1.13 The Contractor shall endeavour to ensure that the Minimum Water Pressure is maintained throughout the Supply Zone for the Operational Period and the Contractor must give the Employer 14 days’ notice of any planned reduction or increase in water pressure from the Minimum Water Pressure and the actions to be taken to recover the Minimum Water Pressure.

C6.1.14 During the Water Savings Device Operational Period the Contractor shall carry out services, repairs, and adjustments to the Water Savings Device installed in terms of this Agreement in accordance with the maintenance procedures.

C6.1.15 For the duration of the Operational Period, the Contractor shall notify the Employer in writing at least 10 days in advance of any maintenance, upgrade or replacement events planned by the Contractor which will affect the Water Services System. The notice shall state the time of the planned event, the nature of the event and the suspected impact on the Water Services System and delivery of Water Services. The Employer shall be entitled, in the exercise of its reasonable discretion, to require the Contractor to revise the planned events if, in the reasonable view of the Employer, the planned events will cause the Employer to breach any provision of any Regulatory Provisions in relation to the provision of Water Services, or to interrupt the provision of Water Services for an unacceptably long period.

C6.1.16 For the duration of the Operational Period, the Contractor shall use its best efforts to notify the Employer within 2 hours after the Contractor's actual knowledge and occurrence of malfunction in the operation of a Water Savings Device that might materially impact upon the water consumption or supply in the Supply Zone, and shall take such steps to rectify the malfunction as may be necessary, without delay.

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C6.1.17 The Contractor shall notify the Employer within 2 hours upon its having actual knowledge of any event or circumstance affecting the Water Services System which does or which may result in malfunction of a Water Savings Device. The Employer shall respond or cause its nominee to respond within 2 hours and shall promptly proceed with corrective measures at its own cost.

C6.1.18 The Contractor shall at all times during the Operational Period have the right to adjust, upgrade and replace any Water Savings Device, revise any procedures for the operation of the Water Savings Device, provided that:

i. the Contractor's action does not cause the Municipality or the Employer to breach any regulation regarding the provision of Water Services;

ii. such modifications or additions to, or replacement of a Water Savings Device, and any operational changes, or new procedures are necessary to enable the Contractor to achieve appropriate water pressure management in the Supply Zone; and

iii. any cost incurred relative to such modifications, additions or replacement of a Water Savings Device, or operational changes or new procedures or new systems shall be borne by the Contractor.

C6.1.19 The Completion Certificate for the sectional completion of any Water Savings Device shall not be signed until the end of the Operational Period and not before the transfer of the responsibility for the operation and maintenance of the Water Savings Devices, and related equipment, software, training materials, operating manuals and documents by the Contractor to the Employer such that the Employer is able to continue to operate the Water Savings Device.

C6.1.20 Prior to signing of the Completion certificate, the Engineer shall with the assistance of the Contractor conduct a thorough and systematic performance test of each element and total system of the Water Savings Device in accordance with the commissioning procedures in order to ensure that the Water Savings Device are in good working order and condition, and will meet the Water Savings Device warranties.

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C6.2 SPECIAL CONDITIONS RELATING TO JOB CREATION AND LABOUR BASED WORK

C6.2.1 Unless otherwise agreed with the Employer in writing the following conditions will govern the employment of unskilled and semi-skilled labour:

C6.2.2 For general plumbing and non-specialist work, the Contractor shall (as far as reasonably possible) employ sub-contractors who are located within the municipal area of which the Supply Zone is a part. As proof of location, the Contractor shall supply copies of a municipal account which is not older than three months confirming the name and local address of the sub-contractor, or a signed affidavit from the local Ward Councillor. The Contractor shall ensure that at least one person from each municipal ward which falls into the Supply Zone is employed on the project as a plumber’s assistant or other related position. These local employees shall be provided with at least one week accredited training related to the work that they are required to undertake and they shall be utilised on the project in a manner that allows them to develop appropriate skills and experience.

C6.2.3 The Contractor and any sub-contractor shall not be permitted to utilise unskilled labour from outside the project area, subject to the availability and willingness of sufficient labour from within the project area to work for the rates and conditions specified by the Employer.

C6.2.4 The Contractor shall appoint one Water Conservation Officer per ward in the Supply Zone to be responsible for communicating with households and community structures in that ward. The Contractor shall provide the selected individuals with Water Conservation and Demand Management training which will equip them to support the community both educationally and with basic water conservation technical skills. The training will focus on communication skills, basic leak repair, leak auditing and general WCWDM knowledge which will encompass meter reading, knowledge on saving water, water quality and sanitation. Water Conservation Officers shall possess at least a Matric certificate and shall be able to communicate in the predominant language of the ward they represent.

C6.2.5 The identification of candidates for locally appointed personnel shall be undertaken by way of requesting the respective ward councillor to provide a list of candidates who are available, are not currently employed and who possess the necessary qualifications and credentials for the position. A short-list of the best of the candidates shall then be interviewed by the Contractor (or sub-contractor) who shall have the sole right to select those considered most suitable for the post. If the list provided by the councillor does not include any suitable candidates, the Contractor may then advertise within the ward to identify any other suitable candidates. If this second process still fails to produce suitable persons then the Contractor may select from those short listed in other wards.

C6.2.6 All locally appointed personnel shall be employed by the Contractor or sub-contractor who shall be fully responsible for the application of all statutory employer/employee rights and responsibilities.

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APPENDIX A: PROJECTION OF WATER SUPPLY OVER THE CONTRACT PERIOD (THE BASELINE VOLUME)

Guidance note:

The Employer’s Representative must here detail:

What method has been used to determine the historic water supply over a period of at least two years, and the confidence level of this estimate.

What method has been used to determine the projected water supply over the contract period, what factors have been taken into account and what assumptions have been made, and the confidence level of this estimate.

The historic water supply, month by month, over a two year period. The Base Line Volume being the projected water supply, month by month, over the contract period.

The above figures must be provided here in both graphic and tabular format.

The supply projection should be one that is considered most probable based on all known factors and on reasonable assumptions.

In the absence of any specific information indicating that a more complex approach should be used, the Base Line Volume should be extrapolated from the historic water supply data using a simple straight line least squares fit. More complicated exponential techniques are prone to error, difficult to audit and also difficult to explain to less technically inclined users.

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APPENDIX B: SITE INFORMATION

Guidance Note:

This will supplement Part 3 of the contract.The Employer must provide a summary of all relevant information pertaining to the project area, including:

The boundaries of the Supply Zone that is the project area The position and meter numbers of the bulk meters that are to be used for calculating and measuring the

Baseline Water Volume, the Efficiency Gain and the Actual Volume The Critical Points for purposes of regulating the Minimum Water Pressure must be shown on the pipe

network layout.

As well as: Layout of pipe network, including pipe location, extent, types and diameters Positions and types of all valves including isolation, pressure reducing, scour and air valves Positions and types of all water meters, large and small Positions, sizes and types of all reservoirs and break pressure tanks Details of water tariffs

Annexures to be referenced and included as required.

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APPENDIX C: CALCULATION OF PERFORMANCE BONUS

1. PERFORMANCE BONUS FOR REDUCTION IN WATER SUPPLY

Guidance Note:

Refer to Section 12 of the Guideline Document for more information on, and examples of, the requirements for the following table.

Pro-forma calculation of Performance Bonus for a particular Performance Bonus Period

A. The Baseline Volume projection for the Performance Bonus Period

kℓ from Appendix A

B. The Performance Bonus Rate as tendered by the contractor Rands/kℓ from Contract Data

C. The Performance Minimum Threshold expressed as a percentage of the Baseline Volume

Percentage from Contract Data

D. The Performance Bonus Cap for the Performance Bonus Period expressed as a percentage of the Baseline Volume

Percentage from Contract Data

E. The actual volume of water supply for the Performance Bonus Period

kℓ as measured

F. Water Saving due to WCWDM interventions

kℓ A - E

G. Calculated Performance Bonus for the bonus period Rands B x F

H. Payable Performance Bonus for the period

Rands

If savings is greater than C, then

Either G, orA X B X D, whichever is

the lesser

The definitions and upper and lower limit prescriptions set out in the PART C2: Pricing Data (Section 2.2) must be read in conjunction with the above.

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2. ADDITIONAL PERFORMANCE BONUSES

Guidance Note:

In this section the Employer will specify the required details of any additional performance bonuses which are considered desirable. Such bonuses must be based on indicators which are quantifiable, measurable and auditable, and they must be linked to the execution of the contractor’s WCWDM tasks. Examples of possible additional indicators which may attract bonuses may include, for example:

• Burst frequency per kilometre of pipelines• Night flow • Numbers of pressurised connections• Numbers of water meters read• Quantity of Non-Revenue Water• Billed revenue• Collected revenue

In each case the method for the establishment of the baseline must be set out, the assumptions and method for the projection must be detailed, and the method for the calculation of the bonus must be clearly specified.

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APPENDIX D: BILL OF QUANTITIES AND CALCULATION OF TENDER PRICE

Guidance Note:

Many of the activities required for WCWDM interventions are quantifiable and measurable, for example:

Meters of pipe inspected for leakage Meters of pipe replaced Numbers of leaks fixed for different pipe types and diameters Numbers of water meters inspected for accuracy and function Numbers of Pressure Reducing Valves installed or maintained Numbers of water meters logged and analysed over a period of time Number of households visited for leakage detection and repairs Number of households visited for awareness and education discussions

The Bill of Quantities in this Appendix should provide for the quantification and the measurement of all these

activities. However, WCWDM is not as easily predictable as the construction of new works, and therefore the BoQ does also include a number of time and cost items to cover all eventualities.

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D.1 CALCULATION OF TENDER PRICE

The following table shall be used to calculate the tender price which is to be carried to Section T1.2 at the front of this document.

A. The total carried from the Bill of Quantities for Reimbursable Costs (Section D.2) excluding VAT As tendered Rands

B. The Baseline Volume projection for the period from the beginning of the seventh month of the contract to the end of the contract period (as per Appendix A).

See Contract Data kℓ

C. The Expected Efficiency GainSee Contract

Data%

D. The Expected Saving in Volume of WaterB x C/100 kℓ

E. The performance bonus rate - excluding VAT Tendered here R/kℓ

F. The expected performance bonusD x E Rands

G. The total tender price- excluding VAT A + F Rands

H. VAT on the total tender price

G x 14/100 Rands

I. The total tender price- including VAT G + H Rands

Guidance Note:

The Expected Efficiency Gain to be used in the tender price calculation above should be set at a level which will encourage appropriate price competition in the tendered reimbursable rates. If the Expected Efficiency Gain is set unrealistically high, then tenderers may price the reimbursable rates below cost, which may result in the contractor running into difficulties, which may jeopardize the completion of the contract. If the Expected Efficiency Gain is set unrealistically low, then the tenderers will not be likely to discount their reimbursable rates enough to justify the payment of an additional performance based bonus. The most appropriate level at which to set the Expected Efficiency Gain is one which is achievable with some effort, given the requisite level of experience and competence

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D.2 BILL OF QUANTITIES FOR REIMBURSABLE COSTS

Guidance Note:

Insert the BoQ here for each task described in Part C.4: Scope of Works

As far as possible items in the Bill should be reduced to measurable outcomes, e.g. km of pipe inspected, numbers of houses visited, numbers of PRVs located and checked, numbers of meters located and checked, number of loggers installed, months that loggers are managed and their data is analysed and reported on, and so on. However, particularly for WCWDM work it will be impossible to reduce all work to measurable outcomes, so a reasonable provision must be made for time, travel and materials costs. Time must be split into different skills (e.g. senior engineer, junior engineer, technician, community liaison officer, education officer, skilled artisan, semi-skilled artisan, general worker). Provisional sums should be included to allow for materials purchases that cannot be predicted until the work gets under way (e.g. bulk meter and PRV replacement).

Where necessary a specification or a drawing might be needed to explain more fully what is meant by an item in the bill.

A formatted BoQ with a range of suggested items that may be applicable is packaged with these documents as an Excel spreadsheet. The drafter of the final documents should select only those items that are applicable and delete all of the others. Items where a specification might be necessary are indicated by the word “SPEC” in the payment column.

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APPENDIX E: PRO-FORMA PERFORMANCE GUARANTEE

Guidance Note:

Insert the pro-forma performance guarantee as per the pro-forma included in General Conditions of Contract 2010

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APPENDIX F: STANDARD CONDITIONS OF TENDER

This standard is issued in terms of sections 4(f), 5(3)(c) and 5(4)(b) of the Construction Industry Development Board Act, 2000 (Act no. 38 of 2000)(the Act) read with Regulation 24 of the Construction Industry Development Regulations, issued in terms of section 33.

The Standard for Uniformity in Construction Procurement was first published in Board Notice 62 of 2004 in Government Gazette No 26427 of 9 June 2004. It was subsequently amended in Board Notice 67 of 2005 in Government Gazette No 27831 of 22 July 2005, Board Notice 99 of 2005 in Government Gazette No 28127 of 14 October 2005, Board Notice 93 of 2006 in Government Gazette No 29138 of 18 August 2006, Board Notice 9 of 2008 in Government Gazette No 30692, of 1 February 2008 and Board Notice 11 of 2009 in Government Gazette No 31823, of 30 January 2009

This edition incorporates the amendments made in Board Notice No 86 of 2010.

F.1 General

F.1.1 Actions

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

F.1.1.2 The employer and the tenderer and all their agents and employees involved in the tender process shall avoid conflicts of interest and where a conflict of interest is perceived or known, declare any such conflict of interest, indicating the nature of such conflict. Tenderers shall declare any potential conflict of interest in their tender submissions. Employees, agents and advisors of the employer shall declare any conflict of interest to whoever is responsible for overseeing the procurement process at the start of any deliberations relating to the procurement process or as soon as they become aware of such conflict, and abstain from any decisions where such conflict exists or recuse themselves from the procurement process, as appropriate.

Note:

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

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

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

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intention and the capacity to proceed with the contract.

F.1.2 Tender Documents

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

F.1.3 Interpretation

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

F.1.3.2 These conditions of tender, the tender data and tender schedules which are only required for tender evaluation purposes, shall not form part of any contract arising from the invitation to tender.

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

a) conflict of interest means any situation in which:

i) someone in a position of trust has competing professional or personal interests which make it difficult to fulfil his or her duties impartially;

ii) an individual or organisation is in a position to exploit a professional or official capacity in some way for their personal or corporate benefit; or

iii) incompatibility or contradictory interests exist between an employee and the organisation which employs that employee.

b) comparative offer means the tenderer’s financial offer after all tendered parameters that will affect the value of the financial offer have been taken into consideration in order to enable comparisons to be made between offers on a comparative basis

c) corrupt practice means the offering, giving, receiving or soliciting of anything of value to influence the action of the employer or his staff or agents in the tender process; and

d) fraudulent practice means the misrepresentation of the facts in order to influence the tender process or the award of a contract arising from a tender offer to the detriment of the employer, including collusive practices intended to establish prices at artificial levels

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

f) quality (functionality) means the totality of features and characteristics of a product or service that bear on its ability to satisfy stated or implied needs.

F.1.4 Communication and employer’s agent

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

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F.1.5 The employer’s right to accept or reject any tender offer

F.1.5.1 The employer may accept or reject any variation, deviation, tender offer, or alternative tender offer, and may cancel the tender process and reject all tender offers at any time before the formation of a contract. The employer shall not accept or incur any liability to a tenderer for such cancellation and rejection, but will give written reasons for such action upon written request to do so.

F.1.5.2 The employer may not subsequent to the cancellation or abandonment of a tender process or the rejection of all responsive tender offers re-issue a tender covering substantially the same scope of work within a period of six months unless only one tender was received and such tender was returned unopened to the tenderer.

F.1.6 Procurement procedures

F.1.6.1 General

Unless otherwise stated in the tender data, a contract will, subject to F.3.13, be concluded with the tenderer who in terms of F.3.11 is the highest ranked or the tenderer scoring the highest number of tender evaluation points, as relevant, based on the tender submissions that are received at the closing time for tenders.

F.1.6.2 Competitive negotiation procedure

F.1.6.2.1 Where the tender data require that the competitive negotiation procedure is to be followed, tenderers shall submit tender offers in response to the proposed contract in the first round of submissions. Notwithstanding the requirements of F.3.4, the employer shall announce only the names of the tenderers who make a submission.

The requirements of F.3.8 relating to the material deviations or qualifications which affect the competitive position of tenderers shall not apply.

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

F.1.6.2.3 At the conclusion of each round of negotiations, tenderers shall be invited by the employer to make a fresh tender offer, based on the same evaluation criteria, with or without adjusted weightings. Tenderers shall be advised when they are to submit their best and final offer.

F.1.6.2.4 The contract shall be awarded in accordance with the provisions of F.3.11 and F.3.13 after tenderers have been requested to submit their best and final offer.

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F.1.6.3 Proposal procedure using the two stage-system

F.1.6.3.1 Option 1

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

F.1.6.3.2 Option 2

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

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

F.2 Tenderer’s obligations

F.2.1 Eligibility

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

F.2.1.2 Notify the employer of any proposed material change in the capabilities or formation of the tendering entity (or both) or any other criteria which formed part of the qualifying requirements used by the employer as the basis in a prior process to invite the tenderer to submit a tender offer and obtain the employer’s written approval to do so prior to the closing time for tenders.

F.2.2 Cost of tendering

Accept that, unless otherwise stated in the tender data, the employer will not compensate the tenderer for any costs incurred in the preparation and submission of a tender offer, including the costs of any testing necessary to demonstrate that aspects of the offer complies with requirements.

F.2.3 Check documents

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

F.2.4 Confidentiality and copyright of documents

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

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F.2.5 Reference documents

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

F.2.6 Acknowledge addenda

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

F.2.7 Clarification meeting

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

F.2.8 Seek clarification

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

F.2.9 Insurance

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

F.2.10 Pricing the tender offer

F.2.10.1 Include in the rates, prices, and the tendered total of the prices (if any) all duties, taxes (except Value Added Tax (VAT), and other levies payable by the successful tenderer, such duties, taxes and levies being those applicable 14 days before the closing time stated in the tender data.

F2.10.2 Show VAT payable by the employer separately as an addition to the tendered total of the prices.

F.2.10.3 Provide rates and prices that are fixed for the duration of the contract and not subject to adjustment except as provided for in the conditions of contract identified in the contract data.

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

F.2.11 Alterations to documents

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

F.2.12 Alternative tender offers

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F.2.12.1 Unless otherwise stated in the tender data, submit alternative tender offers only if a main tender offer, strictly in accordance with all the requirements of the tender documents, is also submitted as well as a schedule that compares the requirements of the tender documents with the alternative requirements that are proposed.

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

F.2.13 Submitting a tender offer

F.2.13.1 Submit one tender offer only, either as a single tendering entity or as a member in a joint venture to provide the whole of the works, services or supply identified in the contract data and described in the scope of works, unless stated otherwise in the tender data.

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

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

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

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

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

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

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

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

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

Accept that tender offers, which do not provide all the data or information requested completely and in

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the form required, may be regarded by the employer as non-responsive.

F.2.15 Closing time

F.2.15.1 Ensure that the employer receives the tender offer at the address specified in the tender data not later than the closing time stated in the tender data. Accept that proof of posting shall not be accepted as proof of delivery.

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

F.2.16 Tender offer validity

F.2.16.1 Hold the tender offer(s) valid for acceptance by the employer at any time during the validity period stated in the tender data after the closing time stated in the tender data.

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

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

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

F.2.17 Clarification of tender offer after submission

Provide clarification of a tender offer in response to a request to do so from the employer during the evaluation of tender offers. This may include providing a breakdown of rates or prices and correction of arithmetical errors by the adjustment of certain rates or item prices (or both). No change in the competitive position of tenderers or substance of the tender offer is sought, offered, or permitted.

Note:

Sub-clause F.2.17 does not preclude the negotiation of the final terms of the contract with a preferred tenderer following a competitive selection process, should the Employer elect to do so.

F.2.18 Provide other material

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

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

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F.2.19 Inspections, tests and analysis

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

F.2.20 Submit securities, bonds, policies, etc.

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

F.2.21 Check final draft

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

F.2.22 Return of other tender documents

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

F.2.23 Certificates

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

F.3 The employer’s undertakings

F.3.1 Respond to requests from the tenderer

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

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

a) an individual firm, or a joint venture as a whole, or any individual member of the joint venture fails to meet any of the collective or individual qualifying requirements;

b) the new partners to a joint venture were not prequalified in the first instance, either as individual firms or as another joint venture; or

c) in the opinion of the Employer, acceptance of the material change would compromise the outcome of the prequalification process.

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F.3.2 Issue Addenda

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

F.3.3 Return late tender offers

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

F.3.4 Opening of tender submissions

F.3.4.1 Unless the two-envelope system is to be followed, open valid tender submissions in the presence of tenderers’ agents who choose to attend at the time and place stated in the tender data. Tender submissions for which acceptable reasons for withdrawal have been submitted will not be opened.

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

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

F.3.5 Two-envelope system

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

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

F.3.6 Non-disclosure

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

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F.3.7 Grounds for rejection and disqualification

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

F.3.8 Test for responsiveness

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

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

b) has been properly and fully completed and signed, and

c) is responsive to the other requirements of the tender documents.

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

a) detrimentally affect the scope, quality, or performance of the works, services or supply identified in the Scope of Work,

b) significantly change the Employer's or the tenderer's risks and responsibilities under the contract, or

c) affect the competitive position of other tenderers presenting responsive tenders, if it were to be rectified.

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

F.3.9 Arithmetical errors, omissions and discrepancies

F.3.9.1 Check responsive tenders for discrepancies between amounts in words and amounts in figures. Where there is a discrepancy between the amounts in figures and the amount in words, the amount in words shall govern.

F.3.9.2 Check the highest ranked tender or tenderer with the highest number of tender evaluation points after the evaluation of tender offers in accordance with F.3.11 for:

a) the gross misplacement of the decimal point in any unit rate;

b) omissions made in completing the pricing schedule or bills of quantities; or

c) arithmetic errors in:

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i) line item totals resulting from the product of a unit rate and a quantity in bills of quantities or schedules of prices; or

ii) the summation of the prices.

F.3.9.3 Notify the tenderer of all errors or omissions that are identified in the tender offer and either confirm the tender offer as tendered or accept the corrected total of prices.

F.3.9.4 Where the tenderer elects to confirm the tender offer as tendered, correct the errors as follows:

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

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

F.3.10 Clarification of a tender offer

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

F.3.11 Evaluation of tender offers

F.3.11.1 General

Appoint an evaluation panel of not less than three persons. Reduce each responsive tender offer to a comparative offer and evaluate them using the tender evaluation methods and associated evaluation criteria and weightings that are specified in the tender data.

F.3.11.2 Method 1: Financial offer

In the case of a financial offer:

a) Rank tender offers from the most favourable to the least favourable comparative offer.

b) Recommend the highest ranked tenderer for the award of the contract, unless there are compelling and justifiable reasons not to do so.

c) Re-rank all tenderers should there be compelling and justifiable reasons not to recommend the highest ranked tenderer and recommend the highest ranked tenderer, unless there are compelling and justifiable reasons not to do so and the process set out in this subclause is repeated.

F.3.11.3 Method 2: Financial offer and preference

In the case of a financial offer and preferences:

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a) Score each tender in respect of the financial offer made and preferences claimed, if any, in accordance with the provisions of F.3.11.7 and F.3.11.8.

b) Calculate the total number of tender evaluation points (TEV) in accordance with the following formula:

TEV = NFO + NP

where: NFO is the number of tender evaluation points awarded for the financial offer made in accordance with F.3.11.7;NP is the number of tender evaluation points awarded for preferences claimed in accordance with F.3.11.8.

c) Rank tender offers from the highest number of tender evaluation points to the lowest.

d) Recommend the tenderer with the highest number of tender evaluation points for the award of the contract, unless there are compelling and justifiable reasons not to do so.

e) Rescore and re-rank all tenderers should there be compelling and justifiable reasons not to recommend the tenderer with the highest number of tender evaluation points, and recommend the tenderer with the highest number of tender evaluation points, unless there are compelling and justifiable reasons not to do so and the process set out in this subclause is repeated.

F.3.11.4 Method 3: Financial offer and quality

In the case of a financial offer and quality:

a) Score each tender in respect of the financial offer made and the quality offered in accordance with the provisions of F.3.11.7 and F.3.11.9, rejecting all tender offers that fail to score the minimum number of points for quality stated in the tender data, if any.

b) Calculate the total number of tender evaluation points (TEV) in accordance with the following formula:

TEV = NFO + NQ

where NFO is the number of tender evaluation points awarded for the financial offer made in accordance with F.3.11.7; NQ is the number of tender evaluation points awarded for quality offered in accordance with F.3.11.9.


d) Recommend tenderer with the highest number of tender evaluation points for the award of the contract, unless there are compelling and justifiable reasons not to do so.

e) Rescore and re-rank all tenderers should there be compelling and justifiable reasons not to recommend the tenderer with the highest number of tender evaluation points and recommend

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the tenderer with the highest number of tender evaluation points, unless there are compelling and justifiable reasons not to do so and the process set out in this subclause is repeated.

F.3.11.5 Method 4: Financial offer, quality and preferences

In the case of a financial offer, quality and preferences:

a) Score each tender in respect of the financial offer made, preference claimed, if any, and the quality offered in accordance with the provisions of F.3.11.7 to F.3.11.9, rejecting all tender offers that fail to score the minimum number of points for quality stated in the tender data, if any.

b) Calculate the total number of tender evaluation points (TEV) in accordance with the following formula, unless otherwise stated in the Tender Data:

TEV = NFO + NP + NQ

where: NFO is the number of tender evaluation points awarded for the financial offer made in accordance with F.3.11.7; NP is the number of tender evaluation points awarded for preferences claimed in accordance with F.3.11.8. NQ is the number of tender evaluation points awarded for quality offered in accordance with F.3.11.9


d) Recommend the tenderer with the highest number of tender evaluation points for the award of the contract, unless there are compelling and justifiable reasons not to do so.

e) Rescore and re-rank all tenderers should there be compelling and justifiable reasons not to recommend the tenderer with the highest number of tender evaluation points and recommend the tenderer with the highest number of tender evaluation points, unless there are compelling and justifiable reasons not to do so and the process set out in this subclause is repeated.

F.3.11.6 Decimal places

Score financial offers, preferences and quality, as relevant, to two decimal places.

F.3.11.7 Scoring Financial Offers

Score the financial offers of remaining responsive tender offers using the following formula:

NFO = W1 x A

where: NFO is the number of tender evaluation points awarded for the financial offer.W1 is the maximum possible number of tender evaluation points awarded for the financial offer as stated in the Tender Data. A is a number calculated using the formula and option described in Table F.1 as stated in the Tender Data.

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

Formula Comparison aimed at achieving Option 1a Option 2a

1 Highest price or discountA =

mPmP - P

1 A = / Pm

2 Lowest price or percentage commission/feeA =

mPmP - P

1 A = Pm / P

a Pm is the comparative offer of the most favourable comparative offer.

P is the comparative offer of the tender offer under consideration.

F.3.11.8 Scoring preferences

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

Calculate the total number of tender evaluation points for preferences claimed in accordance with the provisions of the tender data.

F.3.11.9 Scoring quality

Score each of the criteria and sub-criteria for quality in accordance with the provisions of the Tender Data.

Calculate the total number of tender evaluation points for quality using the following formula:

NQ = W2 x SO / MS

where: SO is the score for quality allocated to the submission under consideration;MS is the maximum possible score for quality in respect of a submission; andW2 is the maximum possible number of tender evaluation points awarded for the quality as stated in the tender data.

F.3.12 Insurance provided by the employer

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

F.3.13 Acceptance of tender offer

Accept the tender offer, if in the opinion of the employer, it does not present any unacceptable

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commercial risk and only if the tenderer:

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

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

c) has the legal capacity to enter into the contract,

d) is not insolvent, in receivership, bankrupt or being wound up, has his affairs administered by a court or a judicial officer, has suspended his business activities, or is subject to legal proceedings in respect of any of the foregoing,

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

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

F.3.14 Prepare contract documents

F.3.14.1 If necessary, revise documents that shall form part of the contract and that were issued by the employer as part of the tender documents to take account of:

a) addenda issued during the tender period,

b) inclusion of some of the returnable documents, and

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

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

F.3.15 Complete adjudicator's contract

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

F.3.16 Notice to unsuccessful tenderers

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

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

F.3.17 Provide to the successful tenderer the number of copies stated in the Tender Data of the signed copy of the contract as soon as possible after completion and signing of the form of offer and

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acceptance.

F.3.18 Provide written reasons for actions taken

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

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APPENDIX G: DETAILS OF KEY PERSONNEL TO BE PROVIDED BY THE CONTRACTOR

Guidance Note:

At the time of the signing of the contract, the contractor will here include the CVs of the key personnel who will be responsible for the work. Where these personnel differ from those indicated at the time of tender (Form 1D refers) the replacement personnel must have qualifications and experience of a similar level or better.

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APPENDIX H: RETURNABLE SCHEDULES

T2.2.1 RETURNABLE SCHEDULES REQUIRED FOR TENDER EVALUATION PURPOSES

1A. CERTIFICATE OF TENDERER'S VISIT TO THE SITE

This is to certify that, I _________________________________________________________________

representative of (Tenderer):___________________________________________________________

of (address) :________________________________________________________________________

Telephone number:_____________________________________________

Fax number:__________________________________________________

in the company of (Employer's representative):____________________________________

visited and examined the site on (date) :_________________________________________

I further certify that I have made myself familiar with all local conditions likely to influence the work and the cost thereof, that I am satisfied with the description of the work and the explanations given by the said Employer's Representative and that I understand perfectly the work to be done, as specified and implied, in the execution of this contract.

TENDERER'S REPRESENTATIVE: (Signature).............................................................................................

(Name)..................................................................................................

EMPLOYER'S REPRESENTATIVE: (Signature)...........................................................................................

(Name)..................................................................................................

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1B. RECORD OF ADDENDA TO TENDER DOCUMENTS

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

Date Title or Details

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

Attach additional pages if more space is required.

Signed _______________________ Date _____________________

Name_______________________ Position _____________________

Tenderer ___________________________________________________________________

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1C. PROPOSED AMENDMENTS AND QUALIFICATIONS

The Tenderer shall record any deviations or qualifications he may wish to make to the tender documents in this Returnable Schedule. Alternatively, a tenderer may state such deviations and qualifications in a covering letter to his tender and reference such letter in this schedule.

Page Clause or item Proposal

Signed _______________________ Date _____________________

Name_______________________ Position _____________________

Tenderer ___________________________________________________________________

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1D. KEY PERSONNEL

Tenderer to provide detail of key personnel available in respect of work to be performed under this contract:

NAME ID NO.CURRENT POSITION

NO. OF YEARS EMPLOYED

QUALIFICATIONS / EXPERIENCE

CATEGORY 1 – MANAGEMENT AND SUPERVISORY

CATEGORY 2 – SKILLED ARTISANS

Details of accredited personnel in terms of OHS Act employed on full time basis:

FULL NAMES REGISTRATION NO. ACCREDITED AS

Signed _______________________ Date _____________________

Name_______________________ Position _____________________

Tenderer ___________________________________________________________________

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1D-1. CURRICULUM VITAE OF KEY PERSONNEL

Curriculum Vitae including the following information must be attached for all key personnel (as per Form 1D above).

Name: Date of Birth:Profession: Nationality:Qualifications:Professional registration number (if applicable):Name of Employer (firm):Current Position: Years with the firm:Employment record: (list in chronological order starting with earliest work experience)

Experience record pertinent to required services:

Certification:

I, the undersigned certify that to the best of my knowledge and belief, this data correctly describes me, my qualifications and my experience.

________________________________________ Date: ___________________[Signature of person named in schedule]


1E. PLANT AND TOOLS SCHEDULE

Tenderers must furnish with their tenders a complete list of any major items of tools, plant and equipment which they propose to use in the work. After his tender has been accepted, the Contractor must satisfy the Project Manager at all times that such plant and equipment, or its equivalent, is available for use.

TYPE OF PLANT MAKE & DESCRIPTION OWNER NUMBER

CATEGORY 1 – PLANT

CATEGORY 2 – TOOLS

CATEGORY 3 – EQUIPMENT

Signed _______________________ Date _____________________

Name _______________________ Position _____________________

Tenderer ___________________________________________________________________

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1F. SCHEDULE OF SUBCONTRACTORS

We notify you that it is our intention to employ the following Subcontractors for work in this contract. If we are awarded a contract we agree that this notification does not change the requirement for us to submit the names of proposed Subcontractors in accordance with requirements in the contract for such appointments. If there are no such requirements in the contract, then your written acceptance of this list shall be binding between us.

Name and address of proposed Subcontractor

Nature and extent of work Previous experience with Subcontractor.

1.

2.

3.

4.

5.

6.

Signed _______________________ Date _____________________

Name_______________________ Position _____________________

Tenderer ___________________________________________________________________


1G. PREVIOUS WCWDM PROJECT EXPERIENCE FOR OTHER EMPLOYERS

Tenderers must furnish hereunder details of similar works/service, which they have satisfactorily completed in the past for other employers (not the employer issuing this tender – see form 1H below). The information shall include a description of the Works, the Contract value and name of Employer. Failure to provide this information may result in the tender submission being declared non-responsive.

PREVIOUS AND/OR CURRENT WCWDM RELATED PROJECTS UNDERTAKEN

EMPLOYERPROJECT NAME &NATURE OF WORK

VALUE OF WORKDURATION AND

COMPLETION DATE

ENGINEER or EMPLOYER

REPRESENTATIVES NAME AND

CONTACT NO.

Signed _______________________ Date _____________________

Name_______________________ Position _____________________

Tenderer ___________________________________________________________________

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1H. PREVIOUS WCWDM WORK UNDERTAKEN FOR THIS EMPLOYER

Tenderers must furnish hereunder details of similar services, which they have satisfactorily completed in the past. The information shall include a description of the Services, the Contract value and name of Employer. Certified copies of the completion certificates for these contracts to be attached. Failure to provide this information may result in the tender submission being declared non-responsive.

PREVIOUS AND/OR CURRENT WCWDM RELATED PROJECTS UNDERTAKEN FOR THIS MUNICIPALITY

PROJECT NAME AWARDED AMOUNTCONTRACT START

DATEANTICIPATED / ACTUAL

COMPLETION DATE

Signed _______________________ Date _____________________

Name_______________________ Position _____________________

Tenderer ___________________________________________________________________

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1I. PRELIMINARY WCWDM PROGRAM

The Tenderer shall detail below or attach a preliminary programme reflecting the proposed sequence and tempo of execution of the various activities comprising the work for this Contract. The programme shall be in accordance with the information supplied in the Contract, requirements of the Project Specifications and with all other aspects of his Tender.

PROGRAMME

ACTIVITY WEEKS / MONTHS

ACTIVITY WEEKS / MONTHS

[Note: The programme must be based on the completion time as specified in the Contract Data completed by the Employer. No other completion time that may be indicated on this programme will be regarded as an alternative offer, unless it is listed in Form 1C and supported by a detailed statement to that effect, on a covering letter]

Signed _______________________ Date _____________________

Name _______________________ Position _____________________

Tenderer _______________________________________________________________________

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1J. JOINT VENTURE DISCLOSURE FORM

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 equipmentb) work items to be performed by the Affirmable Joint Venture Partner’s own forcesc) 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) Affirmable Business Enterprise (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

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2.1(a) Name of Firm........................................................................................................

Postal Address......................................................................................................

Physical Address...................................................................................................

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

Fax........................................................................................................................

Contact person for matters pertaining to Joint Venture Participation Goal requirements:

2.2(a) Name of Firm........................................................................................................

Postal Address......................................................................................................


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

Fax........................................................................................................................


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

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


__________________________________________________________________

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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.

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

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

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

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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

CONTRACT NAME PARTNER NAME

a)

b)

c)

d)

e)

AFFIRMABLE JOINT VENTURE PARTNERS

CONTRACT NAME 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

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

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

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

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

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

..................................................................................................................(d) Acquisition of lines of credit

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

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

..................................................................................................................(e) Acquisition of performance bonds

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

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

..................................................................................................................(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

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

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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?

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

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

(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

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

(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.

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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.

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

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

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

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


Name……………................................................................................................................................

Address………………………………………..................................................................................................

Telephone…………….........................................................................................................................

Date………….....................................................................................................................................

(Continue as necessary)

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1K. COMPULSORY ENTERPRISE QUESTIONNAIRE

The following particulars must be furnished. In the case of a joint venture, separate enterprise questionnaires in respect of each partner must be completed and submitted.

Section 1: Name of enterprise:

Section 2: VAT registration number, if any:

Section 4: Particulars of sole proprietors and partners in partnerships

Name* Identity number* Personal income tax number*

* Complete only if sole proprietor or partnership and attach separate page if more than 6 partners

Section 5: Particulars of companies and close corporations

Company registration numberClose corporation numberTax reference number

Signed _______________________ Date _____________________

Name_______________________ Position _____________________

Tenderer ___________________________________________________________________

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Section 6: Record of service of the state

Indicate by marking the relevant boxes with a cross, if any sole proprietor, partner in a partnership or director, manager, principal shareholder or stakeholder in a company or close corporation is currently or has been within the last 12 months in the service of any of the following:

□ a member of any municipal council □ an employee of any provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance Management Act, 1999 (Act 1 of 1999)

□ a member of any provincial legislature □ a member of an accounting authority of any national or provincial public entity

□ a member of the National Assembly or the National Council of Province

□ an employee of Parliament or a provincial legislature

□ a member of the board of directors of any municipal entity

□ an official of any municipality or municipal entity

If any of the above boxes are marked, disclose the following:

Name of sole proprietor, partner, director, manager, principal shareholder or stakeholder

Name of institution, public office, board or organ of state and position held

Status of service

(tick appropriate column)

current Within last 12 months

*insert separate page if necessary

Section 7: Record of spouses, children and parents in the service of the state

Indicate by marking the relevant boxes with a cross, if any spouse, child or parent of a sole proprietor, partner in a partnership or director, manager, principal shareholder or stakeholder in a company or close corporation is currently or has been within the last 12 months been in the service of any of the following:

□ a member of any municipal council □ an employee of any provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance Management Act, 1999 (Act 1 of 1999)

□ a member of any provincial legislature □ a member of an accounting authority of any national or provincial public entity

□ a member of the National Assembly or the National Council of Province

□ an employee of Parliament or a provincial legislature

□ a member of the board of directors of any municipal entity

□ an official of any municipality or municipal entity

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Name of spouse, child or parent Name of institution, public office, board or organ of state and position held

Status of service(tick appropriate column)

current Within last 12 months

*insert separate page if necessary

The undersigned, who warrants that he/she is duly authorized to do so on behalf of the enterprise:-

i) authorizes the Employer to obtain a tax clearance certificate from the South African Revenue Services that my / our tax matters are in order;

ii) confirms that the neither the name of the enterprise or the name of any partner, manager, director or other person, who wholly or partly exercises, or may exercise, control over the enterprise appears on the Register of Tender Defaulters established in terms of the Prevention and Combating of Corrupt Activities Act of 2004;

iii) confirms that no partner, member, director or other person, who wholly or partly exercises, or may exercise, control over the enterprise appears, has within the last five years been convicted of fraud or corruption;

iv) confirms that I / we are not associated, linked or involved with any other Tendering entities submitting Tender offers and have no other relationship with any of the Tenderers or those responsible for compiling the scope of work that could cause or be interpreted as a conflict of interest;

v) confirms that the contents of this questionnaire are within my personal knowledge and are to the best of my belief both true and correct.

Signed _______________________ Date _____________________

Name _______________________ Position _____________________

Tenderer ___________________________________________________________________

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1L. CERTIFICATE OF AUTHORITY FOR SIGNATORY

Signatory for companies shall confirm their authority thereto by attaching a duly signed and dated copy of the relevant resolution of the boards of directors to this form.

An example is given below:

"By resolution of the board of directors passed at a meeting held on ...................................................

Mr/Mrs ……………………………………………………. , whose signature appears below, has been duly authorised

to sign all documents in connection with the Tender for Contract No. ................................. and any

Contract that may arise there from on behalf of (name of Tenderer in block capitals) ..........................

SIGNED ON BEHALF OF THE COMPANY:

IN HIS/HER CAPACITY AS:.......................................................................................................................

DATE:

SIGNATURE OF SIGNATORY:...................................................................................................................

WITNESSES: 1. ....................................................................................................................

2. ....................................................................................................................

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1M. BANK DETAILS

Name of Tenderer

Name of Account Holder at Bank

Type of Account (Please tick) Current / Cheque Savings Transmission

BankBranch NameAccount Number

Branch Code

Bank Telephone NumberBank Address

Name of Bank Manager

Telephone Number

Fax Number

No. of Years above account has been with bankCredit Facilities available (State amount)

Signature of Tenderer Date

Signature of Bank Manager Date

Bank Manager Name: ________________________________

Bank Stamp:

AN ORIGINAL FINANCIAL BANK RATING CODE STAMPED BY YOUR BANK IS TO BE ATTACHED TO THIS FORM.

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T2.2.2 OTHER DOCUMENTS REQUIRED FOR TENDER EVALUATION PURPOSES

2A. TAX CLEARANCE REQUIREMENTS

It is a condition of Tender that the taxes of the successful Tenderer must be in order, or that satisfactory arrangements have been made with South African Revenue Service (SARS) to meet the Tenderer’s tax obligations.

1. In order to meet this requirement Tenderers are required to complete in full the form TCC 001 “Application for a Tax Clearance Certificate” (obtainable from SARS) and submit it to any SARS branch office nationally. The Tax Clearance Certificate Requirements are also applicable to foreign Tenderers / individuals who wish to submit Tenders.

2. SARS will then furnish the Tenderer 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 Tender. Failure to submit the original and valid Tax Clearance Certificate will result in the invalidation of the Tender. Certified copies of the Tax Clearance Certificate will not be acceptable.

4. In Tenders 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 for this service with SARS through the website www.sarsefiling.co.za.

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2B. LETTER OF GOOD STANDING WITH THE WORKMAN’S COMPENSATION COMMISSIONER

Please attach a valid original (or valid certified copy) of the Workman’s Compensation Letter of Good Standing to this page.

In the case where it is not possible for a Tenderer to obtain the above Letter of Good Standing from the Workmen’s Compensation Commissioner, due to the non-responsiveness of the Commissioner, an affidavit is to be submitted advising that the business has registered with the Workmen’s Compensation Commissioner. However, a letter of Good Standing must be provided before construction work can commence..

Signed _______________________ Date _____________________

Name _______________________ Position _____________________

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Tenderer ___________________________________________________________________

2C. LETTER OF INTENT TO PROVIDE PERFORMANCE GUARANTEE

The Tenderer must attach to this page a letter from the bank or appropriately registered financial institution with whom he has made the necessary arrangements, to the effect that the said bank or institution will be prepared to provide the required performance guarantee, as per the Pro-Forma in Appendix E, when asked to do so.

Signed _______________________ Date _____________________

Name _______________________ Position _____________________

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Tenderer ___________________________________________________________________

2D. PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT REGULATIONS 2011

NB: BEFORE COMPLETING THIS FORM, TENDERERS 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.

1.3.1.2 B-BBEE STATUS LEVEL OF CONTRIBUTION 10.

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

1.4 Failure on the part of a Tenderer 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) 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.

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1.5. The purchaser reserves the right to require of a Tenderer, either before a bid is adjudicated or at any time subsequently, to substantiate any claim in regard to preferences, in any manner required by the purchaser.

2. DEFINITIONS

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” or “Tender” 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 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

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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 Tenderer;

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.

3. ADJUDICATION USING A POINT SYSTEM

3.1 The Tenderer 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

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A maximum of 80 or 90 points is allocated for price on the following basis:

80/20 or 90/10

Ps=80(1− Pt−PminPmin )or

Ps=90(1−Pt−PminPmin )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 Tenderer 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

8 1 2

Non-compliant contributor 0 0

5.2 Tenderers 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 Tenderers 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.

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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 Tenderer 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 Tenderer 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.

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6. BID DECLARATION

6.1 Tenderers 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 or 20 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)

9 DECLARATION WITH REGARD TO COMPANY/FIRM

9.1 Name of 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]

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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 MUNICIPAL INFORMATION

Municipality where business is situated …………………………………………………………………..

Registered Account Number ………………………………………………………………..………………………….

Stand Number …………………………………………………………………………………………………………………..

9.8 TOTAL NUMBER OF YEARS THE COMPANY/FIRM HAS BEEN IN BUSINESS?…………………………

9.9 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:

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;

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(b) recover costs, losses or damages it has incurred or suffered as a result of that person’s conduct;

(c) cancel the contract and claim any damages which it has suffered as a result of having to make less favourable arrangements due to such cancellation;

(d) restrict the Tenderer 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

………………………………………………………… ………………………………………....SIGNATURE(S) OF TENDERER(S) DATE

WITNESSES:

1. …………………………….……….. DATE:………………….…………….…….

ADDRESS:…………………………………

………………………………………………..

………………………………………………..

2. …………………………..………….. DATE:………………….…………….…….

ADDRESS:…………………………………

………………………………………………..

………………………………………………..

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2E. DECLARATION OF INTEREST (IN THE SERVICE OF THE STATE)

1. No bid will be accepted from persons in the service of the state.*

2. Any person, having a kinship with persons in the service of the state, including a blood relationship, may make an offer or offers in terms of this invitation to bid. In view of possible allegations of favouritism, should the resulting bid, or part thereof, be awarded to persons connected with or related to persons in service of the state, it is required that the Tenderer or their authorised representative declare their position in relation to the evaluating/adjudicating authority.

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

3.1. Full Name:

3.2. Identity Number:

3.3. Position occupied in the Company (director, trustee, shareholder)

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 and state employee numbers must be indicated in paragraph 4 below.

3.8 Are you presently in the service of the state*? YES / NO

3.8.1 If yes, furnish particulars

3.9 Have you been in the service of the state for the past twelve months?YES / NO

3.9.1 If yes, furnish particulars.

* MSCM Regulations: “in the service of the state” means to be –(a) a member of –

(i) any municipal council;(ii) any provincial legislature; or(iii) the national Assembly or the national Council of provinces;

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(b) a member of the board of directors of any municipal entity;(c) an official of any municipality or municipal entity;(d) an employee of 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);

(e) A member of the accounting authority of any national or provincial public entity; or (f) an employee of Parliament or a provincial legislature.

3.10 Do you, have any relationship (family, friend, other) with persons in the service of the state and who may be involved with the evaluation and or adjudication of this bid?

YES / NO


3.11 Are you, aware of any relationship (family, friend, other) between a Tenderer and any persons in the service of the state who may be involved with the evaluation and or adjudication of this bid?

YES / NO


3.12 Are any of the company’s directors, trustees, managers, principal shareholders or stakeholders in service of the state

YES / NO


3.13 Are any spouse, child or parent of the company’s directors, trustees, managers, principal shareholders or stakeholders in service of the state?

YES / NO


3.14 Do you or any of the directors, trustees, managers, principal shareholders, or shareholders of this company have any interest in any other related companies or business whether or not they are bidding for this contract?

YES / NO

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4.

Full details of directors / trustees / members / shareholders

Full Name Identity Number State Employee number

Signed _______________________ Date _____________________

Name _______________________ Position _____________________

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Tenderer ___________________________________________________________________

2F DECLARATION OF TENDERER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES1 This Municipal Bidding Document must form part of all bids invited.

2 It serves as a declaration to be used by municipalities and municipal entities 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 Tenderer may be rejected if that Tenderer, or any of its directors have:

a. abused the municipality’s / municipal entity’s supply chain management system or committed any improper conduct in relation to such system;

b. been convicted for fraud or corruption during the past five years;c. willfully neglected, reneged on or failed to comply with any government, municipal or

other public sector contract during the past five years; ord. been listed in the Register for Tender Defaulters in terms of section 29 of the

Prevention and Combating of Corrupt Activities Act (No 12 of 2004).

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

Item Question Yes No4.1 Is the Tenderer 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:

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

Yes No


Item Question Yes No4.4 Does the Tenderer or any of its directors owe any municipal rates and taxes

or municipal charges to the municipality / municipal entity, or to any other municipality / municipal entity, that is in arrears for more than three months?

Yes No


4.5 Was any contract between the Tenderer and the municipality / municipal entity or any other organ of state terminated during the past five years on account of failure to perform on or comply with the contract?

Yes No


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CERTIFICATION

I THE UNDERSIGNED (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

Signed _______________________ Date _____________________

Name _______________________ Position _____________________

Tenderer ___________________________________________________________________

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2G CERTIFICATE OF INDEPENDENT BID DETERMINATION

1 This Municipal Bidding Document (MBD) 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 Municipal Supply Regulation 38 (1) prescribes that a supply chain management policy must provide measures for the combating of abuse of the supply chain management system, and must enable the accounting officer, among others, to:

a. take all reasonable steps to prevent such abuse;

b. reject the bid of any Tenderer if that Tenderer or any of its directors has abused the supply chain management system of the municipality or municipal entity or has committed any improper conduct in relation to such system; and

c. cancel a contract awarded to a person if the person committed any corrupt or fraudulent act during the bidding process or the execution of the contract.

4 This MBD 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 (MBD 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.

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.

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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 Municipality / Municipal Entity)

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

I certify, on behalf of: that:

(Name of Tenderer)

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 Tenderer to sign this Certificate, and to submit the accompanying bid, on

behalf of the Tenderer;4. Each person whose signature appears on the accompanying bid has been authorized by the

Tenderer to determine the terms of, and to sign, the bid, on behalf of the Tenderer;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 Tenderer, whether or not affiliated with the Tenderer, 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 Tenderer and/or is in the same line of

business as the Tenderer6. The Tenderer 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.

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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 Tenderer, directly or indirectly, to any competitor, prior to the date and time of the official bid opening or of the awarding of the contract.

10. I am aware that, in addition and without prejudice to any other remedy provided to combat any restrictive practices related to bids and contracts, bids that are suspicious will be reported to the Competition Commission for investigation and possible imposition of administrative penalties in terms of section 59 of the Competition Act No 89 of 1998 and or may be reported to the National Prosecuting Authority (NPA) for criminal investigation and or may be restricted from conducting business with the public sector for a period not exceeding ten (10) years in terms of the Prevention and Combating of Corrupt Activities Act No 12 of 2004 or any other applicable legislation.

Signed _______________________ Date _____________________

Name _______________________ Position _____________________

Tenderer ___________________________________________________________________

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T2.2.3 RETURNABLE SCHEDULES THAT WILL BE INCORPORATED INTO THE CONTRACT

3A WCWDM EQUIPMENT DATA SHEETS

The Tenderer shall complete in full the information on the following Equipment Data Sheets in respect of the equipment offered with the Tender.

Guidance Note: According to the Scope of Work, specify what items should be included here. This may include details of Pressure Reducing Valves (PRVs), PRV Controllers, Data Loggers, Water Meters etc

Signed _______________________ Date _____________________

Name _______________________ Position _____________________

Tenderer___________________________________________________________________

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