TOR For OHS-HOXANI EDI
TOR For OHS-HOXANI EDI
BIDDER’S INFORMATION
(Must be completed by Bidder)
Company Name
Contact Person
Pr. CHSA.
Number
Cell / Tel Number
E-mail Address
CSD Number
MAAA
Prepared by:
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1. TERMS OF REFERENCE
ITEM DESCRIPTION
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1.6.1 The 80/20 Evaluation System will be
1.6.2 applicable.
A fully completed and signed Preference Points
1.6 Evaluation Criteria Claim
Form in terms of the Preferential Procurement
(SBD 6.1) (No points will be allocated if points
are not claimed)
1.7.1 The bidder must have a Compliant Tax Status
1.7 Bid Award Criteria
ITEM DESCRIPTION
1.7.2 A fully completed and signed Invitation to Bid
document
(SBD 1)
1.7.3 Failure to comply with items 1.7.1 (tax
compliance) and 1.7.2 (SBD 1) within a
reasonable period (7 calendar days) as would
be indicated by the IDT, will result in the bidder
being non-responsive.
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1.10.1 Fee proposals shall be carried out in line with the
pricing schedule (Table 3.1) attached in this document.
1.10 Pricing / Fee Proposal / Fee 1.10.2 Fee proposals shall be inclusive of VAT (Where
proposal
Applicable - VAT Vendors)
1.10.3 Fee proposals shall be valid for 120 calendar
days.
ITEM DESCRIPTION
1.10.4 All costs related to the services to be provided
shall be included in the fee proposal.
1.10.5 The fee proposal shall be inclusive of all work
expenses as there shall be no additional monies
that will be paid by the Employer for this project.
As such all work-related risks shall be factored
in the bidder’s fee proposal. Price / Fee
adjustments shall only be carried out if andwhen
the construction price changes, as is the norm,
and in line with the applicable tariff of applicable
professional fees.
1.10.6 Discounts will be capped at 20% as per the IDT
policy. Any discount submitted/offered
exceeding this cap will lead to automatic
disqualification.
1.10.7 Note: Overall discount must be given on the
fee proposal (Table 3.1 Item F)
1.11.1 Disbursements will be for travelling to site twice
a month. Any other trip should be authorised by
the Employer.
1.11 Disbursements 1.11.2 The disbursements fees will be capped at 5% of
the total construction costs for the total duration
and scope of the project. (Stage 1 to 6).
1.11.3 Refer to public works PSP guidelines
1.12.1 Any amendments to the rates offered or
description given must be signed by an
1.12 Amendments authorized person (i.e., who signed the original
fee proposal)
1.13.1 Refer to Item 4
1.13 Scope of Works
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1.14.1 The Service Provider to provide CV of the
personnel to be used in the project and attach
proof of their relevant qualifications/
professional registration related to the
1.14 Project Staff discipline. (Attach organogram)
1.14.2 Such personnel shall be always available for
project / site related matters. Should these
personnel be changed for some or other
reason, he/she should be replaced by a person
of equivalent or higher qualification and
registration status.
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ITEM DESCRIPTION
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ITEM DESCRIPTION
business and/or profit. The service provider shall only be
remunerated for work done prior to the cancellation.
1.16.2 In the case time-based fees and disbursements may be used,
where applicable, to remunerate the service provider
accordingly.
1.16.3 Note: No time-based fees shall be applicable for any work on
hold.
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1.19.1 Section 5(2) of the construction Industry Development
Board Act, 2000 (Act no. 38 of 20000) will apply to
appointment projects exceeding R5m contract amount. All
appointments exceeding R5m will be subjected to the CIDB
build programme.
1.19 CONTRACT SKILLS 1.19.2 The consultants shall attain or exceed the contract skills
DEVELOPMENT GOAL
development goal in the performance of the contract or the
(CSDG)
execution of an order.
1.19.3 The consultants shall achieve the measurable contract skills
development goal by providing opportunities to learners
requiring structured workplace learning using the following
methods related to the contract or order:
ITEM DESCRIPTION
Method 1: structured workplace learning opportunities for learners
towards the attainment of a part or a full occupational qualification;
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2. FEE GUIDELINE FOR APPLICABLE PROFESSIONAL SERVICES
Table 2.1
Professional Discipline Applicable Gazette
Professional Architectural Services SACAP - rates as per Gazette 45554 Board
Notice 172 of 2021
Professional Structural /Civil Engineering ECSA – rates as per Gazette 44333 of 2021
Services
Professional Electrical/ Mechanical ECSA – rates as per Gazette 44333 of 2021
Engineering Services
Professional Quantity Surveying Services SACQSP – rates as per the Gazette 39134
Board Notice 170 of 2015
Professional Health and Safety Services SACPCMP- rates as per Gazette 42697 Board
Notice 167 of 2019
3. FEES
NB: The disbursements are capped at 5% of the total construction costs for the
total duration and scope of the project. (Stage 1 to 6)
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3.2 Contract skills development goal (CSDG)
The CIDB BUILD programme will apply to appointment exceeding R5m per
contract. The contract skills development goal shall be expressed not less
than the professional fees in millions of Rand multiplied by 150.
Example: The contract amount for a professional services contract is R5.6 m. The
contract skills development goal in hours is R5.6m x 150 = 840 hours.
The consultants shall achieve the measurable contract skills development goal
by providing opportunities to learners requiring structured workplace learning
using one or a combination of any of the following in relation to work directly
related to the contract or order:
Type of Training Provision for Provisions for Provisions for Total costs
Opportunity stipends mentorship additional costs*
(Unemployed
Unemployed Employed learners
learners only)
learners
Method 1
Occupational R7000 R0 R9000 R16000 R9000
qualification
Method 4
Candidates with a R37 000 R20 000 R4 500 R61 500 R20 000
360 credits
qualification
Candidates with R47 000 R20 000 R4 500 R71 500 R20 000
480 or more credits
qualification
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• Bidders MUST ensure that their professional membership registration with
relevant professional bodies is active throughout the contract period.
• The recommended bidder will be appointed as an health and safety agent
.
The work to be carried out by the Service Provider under this contract comprises
inter alia of the following:
• The preliminary investigations including the conditional assessments and
detailed designs.
• The compiling of subsequent bid documentation including specification
according to IDT guidelines/ requirements.
• Provide construction administration, supervision and monitoring of the
respective project.
• The successful completion and finalizing of project/s
• Completing the project in stages subject to availability of funds
• Submission of NIEMS forms after practical completion
• Submission of final accounts and closeout reports within 90 days after works
completion.
The Professional Team shall strictly ensure that the implementation of projects
are carried out in line with the Infrastructure delivery management system
(IDMS) and the deliverables per stage shall be as per the IDMS including the
gazette guidelines scope of work per discipline.
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STAGE 1: INITIATION
1. Demonstrate the Construction Health and Safety Agent competency and resource
2. Assist in developing a clear construction project health and safety brief
3. Attend the construction project initiation meetings
4. Conclude the terms of the agreement with the client
5. Advise on the necessary surveys, analyses, tests and site or other investigations
where such information will be required for the next stage of the project
6. Advise the client on the adequacy of health and safety competency and resources of
the other consultants
7. Identify construction project health and safety risk profile
8. Provide necessary information within the agreed scope of the construction project to
the other consultants
9. Define the Construction Health and Safety Agent scope of work and services
Construction Health and Safety Agent Deliverables
10. Record of Construction Health and Safety Agent competency and resource
11. Construction project health and safety brief
12. Agreed scope of work 2 Agreed services Signed agreement
13. Record of consultant’s construction health and safety competency and resource
assessments Schedule of required surveys, tests, analyses, site and other
investigations
14. Preliminary construction project risk profile
15. Record of construction project health and safety risk communication
1. Agree the documentation programme with the principal consultant and other
consultants
2. Attend design and consultant’s meetings
3. Review and evaluate design concepts and advise on construction project health and
safety in conjunction with the other consultants
4. Review, update and agree the construction project health and safety risk profile and
prepare the construction health and safety policy for the construction project
5. Advise on preliminary cost estimates/budgets for construction project health and
safety
6. Prepare draft construction project baseline risk assessment
7. Assist the client and principal consultant in the procurement of the necessary and
appropriate specialists, including a clear definition of their roles, responsibilities and
liabilities
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8. Advise the client on the adequacy of the health and safety competency and
resources of the appropriate specialists
9. Assess and approve the appropriate specialist’s health and safety plans
10. Monitor the implementation of the appropriate specialist’s health and safety plans,
including periodic audits
11. Prepare the draft construction project health and safety specification
12. Agree the format and procedures for health, safety and hygiene construction project
control
13. Advise and agree with the other consultants regarding their construction project
health and safety requirements and related design risk management responsibilities
14. Liaise, co-operate and provide necessary information to the client/principal
consultant and the other consultants Construction Health and Safety Agent
Deliverables
15. Updated construction project health and safety risk profile
16. Agreed construction project health and safety policy for the project
17. Draft construction project baseline risk assessment
18. Draft construction project health and safety specification
19. Record of appropriate specialist’s health and safety competency and resource
assessments
20. Schedule of required surveys, tests and other investigations and related reports
21. Record of construction project health and safety risk communication
22. Design risk management process
23. Preliminary cost estimates/budgets for construction project health and safety
Approved specialists health and safety plans
24. Specialists health and safety audit reports and records
1. Review the documentation programme with the principal consultant and the other
consultants
2. Attend design and consultant’s meetings
3. Finalise the construction project health and safety risk profile
4. Advise designers of their health and safety legal liabilities and responsibilities for
constructability, maintainability and operation ability of the structure
5. Manage, co-ordinate, integrate and record the design risk management process with
the other consultants in a sequence to suit the documentation programme
6. Monitor the integration of health and safety aspects for constructability,
maintainability and operation ability of the structure during the design process and
finalise the construction project baseline risk assessment
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7. Identify and implement precautions necessary for construction project health and
safety control and update the construction project tender health and safety
specifications
8. Agree on a format for the health and safety file
9. Assess and approve necessary construction project health and safety plans for early
works
10. Monitor the implementation of necessary construction health and safety plans,
including periodic audits for early works
11. Assist the cost consultant with detailed information for initial construction project
health and safety cost estimates/budgets
12. Liaise, co-operate and provide necessary construction project health and safety
information to the client, principal consultant and the other consultants Construction
Health and Safety Agent Deliverables
13. Final construction project health and safety risk profile
14. Record of construction project health and safety risk communication
15. Final construction project health and safety baseline risk assessment
16. Updated draft construction project health and safety specification
17. Design risk management records
18. Schedule of precautions necessary for construction project health, safety and
hygiene control
19. Approved early works health and safety plans
20. Early works audit reports and records
21. Initial schedule of construction project health and safety cost estimates/budgets
22. Template for health and safety file
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7. Assist with the evaluation of tenders and verify the contractor’s competencies,
knowledge and resources to carry out the construction works in a safe and healthy
manner
8. Assist the cost consultant in the finalisation of the construction project health and
safety cost estimate/budget
9. Assist with the preparation of contract documentation for signature
10. Prepare construction project health and safety mobilisation and access plans for the
construction work
11. Assess samples, mock-ups and products for construction project, structural
maintainability and operability health and safety compliance Construction Health and
Safety Agent Deliverables
12. Final construction project tender health and safety specifications
13. Records of construction project health and safety procurement process
14. Construction project health and safety tender evaluation and records
15. Finalised schedule of construction project health and safety cost estimate/budget
16. Construction project health and safety contract documentation
17. Construction project health and safety mobilisation and access plans
18. Design risk management records
19. Record of construction project health and safety risk communication
20. Construction project health and safety documentation for authorities
21. Evaluation schedule of samples/mock-ups and products
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10. Conduct construction health and safety management system audits
11. Facilitate construction health and safety system and plans reviews for continual
improvement
12. Monitor the compilation of the construction project health and safety file by the
contractor(s)
13. Prepare and maintain the consolidated health and safety file
14. Prepare the structure commissioning health and safety plans 14 Construction Health
and Safety Agent Deliverables
15. Approved contractor(s) construction project health and safety plans, including all
construction health and safety appointments
16. Permits to commence construction work
17. Record of meetings, including all construction health and safety matters to be
actioned
18. Record of revised changes to the construction project health and safety risk profiles
19. Record of revised changes to the construction project health and safety
specifications
20. Record of revised changes and commissioning of the construction project health and
safety plans
21. Record of revised construction project health and safety cost estimate/budget
22. Records of design risk management
23. Record of construction project health and safety audit reports
24. Record of contractor(s) construction health and safety performance
25. Record of construction project health and safety work stoppage reports
26. Record of incident and accident investigations and corrective actions
27. Record of interactions with the Compensation Commissioner or similar
28. Record of construction health and safety system and plans reviews
29. Record of construction project health and safety risk communication
30. Interim health and safety file.
31. Structure commissioning health and safety plans
1. Review, discuss and approve the health and safety file with the contractor(s) and
manage the construction project health and safety during the defects liability
period
2. Cancel all construction project health and safety legal appointments
3. Prepare the health and safety operations and maintenance report
4. Prepare the consolidated construction project health and safety close - out report
Construction Health and Safety Agent Deliverables
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5. Record of audits during the defects liability period
6. Record of construction health and safety risk communication
7. Report on approved health and safety file
8. Health and safety operations and maintenance report
9. Consolidated construction project health and safety close-out report
10. Provide advice to the Client on health and safety competence and resources of
up to [number] proposed designers prior to arrangements being made for design
work to begin.
11. Prepare [number] additional copies of the health and safety file.
12. Prepare [number] copies of abstracts of the health and safety file for delivery to
tenants by the Client/Owner’s (The contents of the abstracts to be determined in
consultation with the Client/Owner’s legal advisors).
13. Seek the co - operation of and co – operate with anyone else involved in a
construction project at an adjoining site so far as necessary to enable them to
perform their duties under the Construction Regulations.
14. Facilitate co – operation and co – ordination in relation to duty holders on
adjoining construction sites as it may affect the project; ensuring that suitable
arrangements are made and implemented for the co – ordination of health and
safety measures during planning and preparation for the construction phase.
15. Keep a record of the health and safety file.
16. Convert the health and safety files on other projects to match Client/ Owner’s
electronic format.
17. Carry out necessary inspections at the appropriate stages to verify that the
construction of the relevant structure is carried out in accordance with the design.
18. To stop any contractor from executing any construction work that is not in
accordance with the relevant design’s health and safety aspects.
19. Assist in the development of maintenance schedules for the Client/Owners
completed structure.
20. Inspect the structure on behalf of the Client/Owner once every six (6) months for
the first two (2) years on completion of the structure and then yearly thereafter, to
ensure the structure remains safe for continued use and records are kept of such
in the structures
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FUNCTIONALITY EVALUATION
Criteria Points
Allocation
A. Relevant Previous Experience on completed projects of similar nature and value in
40 points
the last ten (10) years (10 points per project)
B. Signed and stamped client references on the same projects listed above (both
20 points
Client & Client Representative). OR Signed and Contactable reference letters from
previous clients. (5 points per reference letter)
C. Qualifications, Skills and Experience of project key resources
20 points
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C. QUALIFICATIONS 20 Points Max
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T2.B1.1.1 EVALUATION SCHEDULE: EXPERIENCE ON SIMILAR PROJECTS REFERENCES
The Bidder shall provide details of his performance on each of the previous projects listed in the
“Relevant Experience” returnable schedule. “Employer Reference Scorecards” will be completed
by each of the respective Employers for the projects listed in the “Relevant Experience” returnable
schedule.
PROJECT A:
Employer: .............................................................................................................................
Any other remarks considered necessary to assist in evaluation of the Service Provider?
...................................................................................................................................................................
...................................................................................................................................................................
Telephone: ...............................................................................................................................................
I hereby declare that to the best of my knowledge, information completed above is true and correct
andI understand that I will be held responsible for any misrepresentation.
STAMP
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TENDER / FEE PROPOSAL DATA
Access shall be provided for inspections, tests and analysis as may be required by the employer.
3 Contract period:]
The contract period will be from the date of acceptance of appointment and the expiry is in line with
contract duration completion of stage 6
No contract may be awarded to a person who has non-compliant tax status found on CSD or South
African Revenue Service (“SARS”) certifying the taxes of that person to be in order or that suitable
arrangement have been made with SARS”.
The bidders will be evaluated on specific goals point scoring and the price as per the IDT 80/20 score
card.
A contract may, on reasonable and justifiable grounds, be awarded to a bidder that did not score
the highest number of aggregate points where the IDT is managing risk, i.e. where the bidder has
underpriced such that, the project may be compromised by such underpricing or in spreading of
work to other bidders in case where the highest points scorer has already been awarded work.
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7 Acceptance of Tender Offers
b) the tenderer has completed the Declaration of Interest (SBD 4) and there are no conflicts of
interest which may impact on the tenderer’s ability to perform the contract in the best interests
of the employer or potentially compromise the tender process and persons in the employ of
the state are not permitted to submit tenders or participate in the contract;
8 See clarification.
Request clarification of the tender documents (if necessary) by notifying the employer at least two
working days before the Closing Date stated in the terms of reference.
Should the bidders not hear from IDT within 30 days from the Fee proposal closure day i.e.
submission date of the Fee proposal they should consider their submission unsuccessful. No
written notification will be issued by the Employer to unsuccessful bidders.
11 The Contract:
The Fee proposal Document is the contract document for this RFQ and the copy to be submitted
to the successful bidder.
12 Disbursements
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STANDARD CONDITIONS OF TENDER
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 the tender data,
timeously and with integrity, and behave equitably, honestly and transparently, comply with all legal obligations
and not engage in anticompetitive practices.
• 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.
• The employer shall not seek and a tenderer shall not submit a tender without having a firm intention and the
capacity to proceed with the contract.
• Each communication between the employer and a tenderer shall be to or from the Employer or the employer's
agent only, and in a form that can be read, copied and recorded. Writing 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 shall be stated at the time of appointment.
• 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.
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Procurement procedures
General
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, may 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.
At the conclusion of each round of negotiations, tenderers may be invited by the employer to make a fresh tender offer,
based on the same evaluation criteria, with or without adjusted weightings. Tenderers will be advised accordingly when
they are to submit their best and final offer.
The contract shall be awarded when the evaluation was done by the panel of not less than three persons and the Employer
has the submitted best and final offer.
The employer shall evaluate tenders received during in terms of the method of evaluation stated in the Fee proposal data,
and award the contract in terms of these conditions of tender.
Tenderer’s obligations
Eligibility
Submit a tender offer only if the tenderer satisfies the criteria stated in the Fee proposal data and the tenderer, or any of
his principals, is not under any restriction to do business with employer.
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.
Cost of tendering
Accept that 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 satisfy requirements.
Check documents
Check the tender documents on receipt for completeness and notify the employer of any discrepancy or omission.
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.
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.
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 Fee proposal data, in order to take the addenda into account.
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Clarification meeting
N/A
Seek clarification
Request clarification of the Fee proposal documents, if necessary, by notifying the employer at least ONE working day
before the closing time stated in the tender data.
Insurance
Be aware that the extent of insurance to be provided by the employer (if any) may 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 and to ensure that he or she is adequately covered for the duration of the project.
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’.
Show VAT payable by the employer separately as an addition to the tendered total of the prices.
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.
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.
Alterations to documents
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.
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.
Accept that an alternative tender offer may be based only on the criteria stated in the Fee proposal data or criteria otherwise
acceptable to the employer.
Submit one tender offer only, either as a single tendering entity 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.
Return all returnable documents to the employer after completing them in their entirety by writing in black ink.
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.
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.
Seal the original and each copy, where applicable, 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 terms of reference, as well as the tenderer's name and contact address.
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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 Fee proposal data.
Accept that the employer shall 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.
Accept that tender offers submitted by facsimile or e-mail will be rejected by the employer.
Accept that tender offers, which do not provide all the data or information requested completely and in the form required,
may be regarded by the employer as non-responsive.
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.
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.
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.
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.
Accept that a Fee proposal submission that has been submitted to the employer may only be withdrawn or substituted by
giving the Employer or the employer’s agent written notice before the closing time for tenders that a Fee proposal is to be
withdrawn or substituted.
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: Clarification of the offer 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.
Provide, on request by the employer, any other material that has a bearing on the tender offer, the tenderer’s commercial
position, preferential 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
nonresponsive.
Disposal of samples of materials provided for evaluation by the employer, where required.
Provide access during working hours to premises for inspections, tests and analysis as provided for in the tender data.
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.
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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.
Certificates
Include in the tender submission or provide the employer with any certificates as stated in the tender data.
Unless otherwise stated in the tender Data, respond to a request for clarification received up to two working days before
the tender closing time stated in the Tender Data and notify all tenderers who drew procurement documents.
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.
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.
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.
Determine, after opening and before detailed evaluation, whether each tender offer properly received:
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.
27
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.
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.
Check the highest ranked tender or tenderer with the highest number of tender evaluation points after the evaluation of
tender offers:
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.
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.
Obtain clarification from a tenderer on any matter that could give rise to ambiguity in a contract arising from the tender
offer.
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:
Accept the tender offer, if in the opinion of the employer, it does not present any unacceptable 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.
28
Prepare contract documents.
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:
Complete the schedule of deviations attached to the form of offer and acceptance, if any.
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.
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 acceptance.
29
SBD 1
YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF THE INDEPENDENT DEVELOPMENT TRUST
BID CLOSING
NUMBER: CLOSING DATE: 23 FEBRUARY 2024 TIME: 12h00
DESCRIPTION REQUEST FOR FEE PROPOSALS FOR THE PROVISION OF PROFESSIONAL HEALTH AND SAFETY AGENT
SERVICES FOR REPURPOSING OF HOXANI TEACHER DEVELOPMENT CENTRE (HTDC) TO A TECHNICAL
SCHOOL ON BEHALF OF MPUMALANGA DEPARTMENTOF EDUCATION.
BID RESPONSE DOCUMENTS MAY BE DEPOSITED IN THE BID BOX SITUATED AT (STREET ADDRESS)
Absa Square
Nelspruit
1200
BIDDING PROCEDURE ENQUIRIES MAY BE DIRECTED TO TECHNICAL ENQUIRIES MAY BE DIRECTED TO:
TELEPHONE NUMBER 013 752 2200 TELEPHONE NUMBER 013 752 2200
SUPPLIER INFORMATION
NAME OF BIDDER
POSTAL ADDRESS
STREET ADDRESS
CELMPHONE NUMBER
E-MAIL ADDRESS
VAT REGISTRATION
NUMBER
30
Yes No
ARE YOU THE
Yes No ARE YOU A FOREIGN
ACCREDITED
BASED SUPPLIER FOR
REPRESENTATIVE IN [IF YES, ANSWER THE
THE GOODS
SOUTH AFRICA FOR QUESTIONNAIRE
/SERVICES /WORKS
THE GOODS [IF YES ENCLOSE PROOF] BELOW]
OFFERED?
/SERVICES /WORKS
OFFERED?
DOES THE ENTITY HAVE ANY SOURCE OF INCOME IN THE RSA? YES NO
IS THE ENTITY LIABLE IN THE RSA FOR ANY FORM OF TAXATION? YES NO
IF THE ANSWER IS “NO” TO ALL OF THE ABOVE, THEN IT IS NOT A REQUIREMENT TO REGISTER FOR A TAX COMPLIANCE
STATUS SYSTEM PIN CODE FROM THE SOUTH AFRICAN REVENUE SERVICE (SARS) AND IF NOT REGISTER AS PER 2.3
BELOW.
PART B
TERMS AND CONDITIONS FOR BIDDING
1. BID SUBMISSION:
1.1. BIDS MUST BE DELIVERED BY THE STIPULATED TIME TO THE CORRECT ADDRESS. LATE BIDS
WILL NOT BE ACCEPTED FOR CONSIDERATION.
1.2. ALL BIDS MUST BE SUBMITTED ON THE OFFICIAL FORMS PROVIDED–(NOT TO BE RE-TYPED)
OR IN THE MANNER PRESCRIBED IN THE BID DOCUMENT.
1.3. THIS BID IS SUBJECT TO THE PREFERENTIAL PROCUREMENT POLICY FRAMEWORK ACT,
2000 AND THE PREFERENTIAL PROCUREMENT REGULATIONS, 2017, THE GENERAL
CONDITIONS OF CONTRACT (GCC) AND, IF APPLICABLE, ANY OTHER SPECIAL CONDITIONS
OF CONTRACT.
1.4. THE SUCCESSFUL BIDDER WILL BE REQUIRED TO FILL IN AND SIGN A WRITTEN
CONTRACT FORM (SBD7).
31
2.1 BIDDERS MUST ENSURE COMPLIANCE WITH THEIR TAX OBLIGATIONS.
2.2 BIDDERS ARE REQUIRED TO SUBMIT THEIR UNIQUE PERSONAL IDENTIFICATION NUMBER
(PIN) ISSUED BY SARS TO ENABLE THE ORGAN OF STATE TO VERIFY THE TAXPAYER’S
PROFILE AND TAX STATUS.
2.3 APPLICATION FOR TAX COMPLIANCE STATUS (TCS) PIN MAY BE MADE VIA E-FILING THROUGH
THE SARS WEBSITE WWW.SARS.GOV.ZA.
2.4 BIDDERS MAY ALSO SUBMIT A PRINTED TCS CERTIFICATE TOGETHER WITH THE BID.
2.5 IN BIDS WHERE CONSORTIA / JOINT VENTURES / SUB-CONTRACTORS ARE INVOLVED, EACH
PARTY MUST SUBMIT A SEPARATE TCS CERTIFICATE / PIN / CSD NUMBER.
2.6 WHERE NO TCS PIN IS AVAILABLE BUT THE BIDDER IS REGISTERED ON THE CENTRAL
SUPPLIER DATABASE (CSD), A CSD NUMBER MUST BE PROVIDED.
2.7 NO BIDS WILL BE CONSIDERED FROM PERSONS IN THE SERVICE OF THE STATE, COMPANIES
WITH DIRECTORS WHO ARE PERSONS IN THE SERVICE OF THE STATE, OR CLOSE
CORPORATIONS WITH MEMBERS PERSONS IN THE SERVICE OF THE STATE.”
NB: FAILURE TO PROVIDE / OR COMPLY WITH ANY OF THE ABOVE PARTICULARS MAY RENDER
THE BID INVALID.
SIGNATURE OF BIDDER:
……………………………………………
DATE: …………………………………………...
32
SBD 4
BIDDER’S DISCLOSURE
Where a person/s are listed in the Register for Tender Defaulters and / or the List of Restricted Suppliers, that
person will automatically be disqualified from the bid process.
2. Bidder’s declaration
2.1 Is the bidder, or any of its directors / trustees / shareholders / members / partners or any person having a
controlling interest1 in the enterprise, employed by the state? YES/NO
2.1.1. If so, furnish particulars of the names, individual identity numbers, and, if applicable, state employee
numbers of sole proprietor/ directors / trustees / shareholders / members/ partners or any person
having a controlling interest in the enterprise, in table below.
Full Name Identity Number Name of State institution
2.2 Do you, or any person connected with the bidder, have a relationship with any person who is employed by
the procuring institution? YES/NO
2.3 Does the bidder or any of its directors / trustees / shareholders / members / partners or any person having
a controlling interest in the enterprise have any interest in any other related enterprise whether or not they
are bidding for this contract? YES/NO
3 DECLARATION
1
the power, by one person or a group of persons holding the majority of the equity of an
enterprise, alternatively, the person/s having the deciding vote or power to influence or to direct the
course and decisions of the enterprise.
33
I, the undersigned, (name)……………………………………………………………………. in submitting the
accompanying bid, do hereby make the following statements that I certify to be true and complete in every respect:
3.6 There have been no consultations, communications, agreements or arrangements made by the bidder with
any official of the procuring institution in relation to this procurement process prior to and during the bidding
process except to provide clarification on the bid submitted where so required by the institution; and the
bidder was not involved in the drafting of the specifications or terms of reference for this bid.
3.7 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.
SCM INSTRUCTION 03 OF 2021/22 ON PREVENTING AND COMBATING ABUSE IN THE SUPPLY CHAIN
MANAGEMENT SYSTEM SHOULD THIS DECLARATION PROVE TO BE FALSE.
……………………………… ..……………………………………………
Signature Date
……………………………… ………………………………………………
Position Name of bidder
2
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.
34
AUTHORITY TO SIGN A BID
A. COMPANIES
If a Bidder is a company, a certified copy of the resolution by the board of directors, personally signed by the
chairperson of the board, authorising the person who signs this bid to do so, as well as to sign any contract
resulting from this bid and any other documents and correspondence in connection with this bid and/or contract on
behalf of the company must be submitted with this bid, that is before the closing time and date of the bid
Mr/Mrs/Ms………………………………………………………………………………………………
(whose signature appears below) has been duly authorised to sign all documents in connection with this bid
on behalf of
..........................................................................................
(PRINT NAME)
WITNESSES: 1...................................................
2..................................................
B. SOLE PROPRIETOR (ONE - PERSON BUSINESS)
...............................................................................................................................................
SIGNATURE…………………………………………………… DATE……………………………
35
C. PARTNERSHIP
The following particulars in respect of every partner must be furnished and signed by every Partner
:
D. CLOSE CORPORATION
In the case of a close corporation submitting a bid, a certified copy of the Founding Statement of such
corporation shall be included with the bid, together with the resolution by its members authorising a member
or other official of the corporation to sign the documents on their behalf.
................................................................................................................................................
……………………………………………………………………..
(PRINT NAME)
36
IN HIS/HER CAPACITY AS .....................................................DATE: .....................................
WITNESSES: 1.........................................................
2.........................................................
E. CO-OPERATIVE
A certified copy of the Constitution of the co-operative must be included with the bid, together with the
resolution by its members authoring a member or other official of the co-operative to sign the bid documents
on their behalf.
at..............................................................................................................
authorised to sign all documents in connection with this bid on behalf of (Name of cooperative)
......................................................……………………………………………………
DATE: .................................………
WITNESSES: 1.........................................................
2.........................................................
37
F. JOINT VENTURE
If a bidder is a joint venture, a certified copy of the resolution/agreement passed/reached signed by the duly
authorised representatives of the enterprises, authorising the representatives who sign this bid to do so, as
well as to sign any contract resulting from this bid and any other documents and correspondence in
connection with this bid and/or contract on behalf of the joint venture must be submitted with this bid, before
the closing time and date of the bid.
Mr/Mrs/Ms……………………………………………….,Mr/Mrs/Ms……………………………………
Mr/Mrs/Ms……………………………………………and Mr/Mrs/Ms…………………………………………..
(whose signatures appear below) have been duly authorised to sign all documents in connection with this bid
G. CONSORTIUM
If a bidder is a consortium, a certified copy of the resolution/agreement passed/reached signed by the duly
authorised representatives of concerned enterprises, authorising the representatives who sign this bid to do
38
so, as well as to sign any contract resulting from this bid and any other documents and correspondence in
connection with this bid and/or contract on behalf of the consortium must be submitted with this bid, before
the closing time and date of the bid.
Mr/Mrs/Ms………………………………………………….………………………………………………..
(whose signature appear below) have been duly authorised to sign all documents in connection with this bid
on behalf of:
39
SBD 6.1
This preference form must form part of all tenders invited. It contains general information
and serves as a claim form for preference points for specific goals.
NB: BEFORE COMPLETING THIS FORM, TENDERERS MUST STUDY THE GENERAL
CONDITIONS, DEFINITIONS AND DIRECTIVES APPLICABLE IN RESPECT OF
THE TENDER AND PREFERENTIAL PROCUREMENT REGULATIONS, 2022
1. GENERAL CONDITIONS
1.1 The following preference point systems are applicable to invitations to tender:
- the 80/20 system for requirements with a Rand value of up to R50 000 000 (all
applicable taxes included); and
- the 90/10 system for requirements with a Rand value above R50 000 000 (all
applicable taxes included).
a) The applicable preference point system for this tender is the 80/20 preference
point system.
b) The lowest/ highest acceptable tender will be used to determine the accurate
system once tenders are received.
1.3 Points for this tender (even in the case of a tender for income-generating contracts) shall
be awarded for:
(a) Price; and
(b) Specific Goals.
1.4 To be completed by the organ of state:
The maximum points for this tender are allocated as follows:
POINTS
PRICE 80
SPECIFIC GOALS 20
TARGETED GROUP
Women (100%) 6
Youth (100%) 6
People with Disabilities (100%) 4
40
Black (100%) 4
Total Points Specific Goals
1.6 The organ of state reserves the right to require of a tenderer, either before a
tender is adjudicated or at any time subsequently, to substantiate any claim in
regard to preferences, in any manner required by the organ of state.
2. DEFINITIONS
(a) “tender” means a written offer in the form determined by an organ of state in
response to an invitation to provide goods or services through price Fee proposals,
competitive tendering process or any other method envisaged in legislation;
(b) “price” means an amount of money tendered for goods or services, and includes all
applicable taxes less all unconditional discounts;
(c) “rand value” means the total estimated value of a contract in Rand, calculated at
the time of bid invitation, and includes all applicable taxes;
(d) “tender for income-generating contracts” means a written offer in the form
determined by an organ of state in response to an invitation for the origination of
income-generating contracts through any method envisaged in legislation that will
result in a legal agreement between the organ of state and a third party that produces
revenue for the organ of state, and includes, but is not limited to, leasing and disposal
of assets and concession contracts, excluding direct sales and disposal of assets
through public auctions; and
(e) “the Act” means the Preferential Procurement Policy Framework Act, 2000 (Act No.
5 of 2000).
80/20 or 90/10
41
3.2. FORMULAE FOR DISPOSAL OR LEASING OF STATE ASSETS AND INCOME
GENERATING PROCUREMENT
80/20 or 90/10
Where
Ps = Points scored for price of tender under consideration
Pt = Price of tender under consideration
Pmax = Price of highest acceptable tender
4.1. In terms of Regulation 4(2); 5(2); 6(2) and 7(2) of the Preferential Procurement
Regulations, preference points must be awarded for specific goals stated in the
tender. For the purposes of this tender the tenderer will be allocated points based on
the goals stated in table 1 below as may be supported by proof/ documentation stated
in the conditions of this tender:
4.2. In cases where organs of state intend to use Regulation 3(2) of the Regulations, which
states that, if it is unclear whether the 80/20 or 90/10 preference point system applies,
an organ of state must, in the tender documents, stipulate in the case of—
(a) an invitation for tender for income-generating contracts, that either the 80/20 or
90/10 preference point system will apply and that the highest acceptable tender
will be used to determine the applicable preference point system; or
(b) any other invitation for tender, that either the 80/20 or 90/10 preference point
system will apply and that the lowest acceptable tender will be used to
determine the applicable preference point system, then the organ of state must
indicate the points allocated for specific goals for both the 90/10 and 80/20
preference point system.
42
Table 1: Specific goals for the tender and points claimed are indicated per the table
below.
(Note to organs of state: Where either the 90/10 or 80/20 preference point system is
applicable, corresponding points must also be indicated as such.
Note to tenderers: The tenderer must indicate how they claim points for each
preference point system.)
Number of points Number of points
allocated claimed (80/20
system)
(80/20 system)
The specific goals allocated points in (To be completed by (To be completed by
terms of this tender the organ of state) the tenderer)
Women (100%) 6
Youth (100%) 6
Black (100%) 4
Source Documents to be submitted with the Bid or RFQ
*CIPC Document (Company Registration Document will be required for verification (CIPC DOC))
*Woman (Originally Certified ID Document)
*Youth (Originally Certified ID Document)
*People with Disability (Originally signed and stamped Letter from professionally registered medical doctor indicating
Practice number)
*Black Ownership (Originally Certified ID Document)
……………………………………….
SIGNATURE(S) OF TENDERER(S)
ADDRESS: ………………………………………………………
………………………………………………………
………………………………………………………………………………………………………………
44
FORM OF OFFER AND ACCEPTANCE
The employer, identified in the acceptance signature block, has solicited offers to enter into a
contract for the procurement of:
REQUEST FOR FEE PROPOSALS FOR THE PROVISION OF PROFESSIONAL HEALTH AND
SAFETY AGENT SERVICES FOR REPURPOSING OF HOXANI TEACHER DEVELOPMENT
CENTRE (HTDC) TO A TECHNICALSCHOOL ON BEHALF OF MPUMALANGA DEPARTMENT
OF EDUCATION.
The tenderer, identified in the offer signature block, has examined the documents listed in the tender
data and addenda thereto as listed in the returnable schedules, and by submitting this offer has
accepted the conditions of tender.
By the representative of the tenderer, deemed to be duly authorized, signing this part of this form of
offer and acceptance, the tenderer offers 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.
……… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
45
FORM OF OFFER AND ACCEPTANCE
Acceptance
By signing this part of this form of offer and acceptance, the employer identified below accepts the
tenderer’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
tenderer’s offer shall form an agreement between the employer and the tenderer upon the terms
and conditions contained in this agreement and in the contract that is the subject of this agreement.
The tenderer shall within two weeks after receiving a completed copy of this agreement, including
the schedule of deviations (if any), contact the Employer or 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. Failure to fulfill 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 working 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.
46