2. CIVIL AND STRUCTURAL ENGINEERING SERVICES 3. QUANTITY SURVEYING SERVICES

T1.1.1 The words “tender” and “tender” in this document or any document referred to in this document are interchangeable and have the same meaning, similarly the words “bidder” and “tender service provider” are interchangeable and is considered to have the same meaning. T1.1.2 The Government of the Republic of South Africa, through its Department of Agricultural Land Reform and Rural Development, invites tenders for the provision of multi-disciplinary/consortium professional services for the built environment as further fully described in C3 Scope of Services herein.

EVALUATION CRITERIA,

Evaluation Criteria Schedule Scoring

Technologist is professionally registered with ECSA with more than 5 years to 7 years of experience after registration. Technologist is professionally registered with ECSA with more than 7 years to 9 years of experience after registration.

TOTAL POINTS FOR EVALUATION CRITERIA

ABILITY AND EXPERIENCE

The proposal is assessed individually on score sheets, by a representative evaluation panel according to the evaluation criteria stated above. All service providers that score less than 70 out of 100 points on functionality are not further eligible.

Tenderer’s previous

Project Approach

South African Council of Project and Construction Management Professions (Construction Health and Safety Professionals). as “Professional”, with the registration numbers, of all registered clients and professionals mentioned under T1.2 Tendering data, article F.2.1, point 2, as well as in C1.2.3 Data provided by the Contractor, article 7.1. 2 key persons. T2.2 Enclosures to be returned (all bound in this Tender Document - to be completed by Tenderer) All documents must be duly completed and signed where applicable.

PA-11.1 (SBD 4 and SBD 8): DECLARATION OF INTEREST AND TENDERER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES

DECLARATION OF INTEREST

In order to give effect to the above, the following questionnaire must be completed and submitted with the tender
Full details of directors / trustees / shareholders / members
SBD 8: Declaration of Tenderer’s Past Supply Chain Management Practices
In order to give effect to the above, the following questionnaire must be completed and submitted with the tender
the undersigned (full name) _______________________________________________________________

The restricted supplier database is now located on the National Treasury website (www.treasury.gov.za) and can be accessed by clicking on its link at the bottom of the home page. The Register of Tender Failures can be accessed on the National Treasury website (www.treasury.gov.za) by clicking on its link at the bottom of the home page.

PA-15.1: RESOLUTION OF BOARD OF DIRECTORS –

PA-15.2: RESOLUTION OF BOARD OF DIRECTORS TO ENTER INTO CONSORTIA OR JOINT VENTURES

This resolution must be signed by all directors / members / partners of the provider. If the number of directors / members / partners exceeds the space available above, additional names and signatures must be provided on a separate page.

PA-15.3: SPECIAL RESOLUTION OF CONSORTIA OR JOINT VENTURES

Regardless of such decision to terminate, the Companies shall remain jointly and severally liable to the Department for the proper performance of the obligations of the Consortium/Joint Venture as mentioned under point D above. NB: This resolution must be signed by all duly authorized representatives of the legal entities of the consortium/joint venture making this offer.

PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT REGULATIONS 2011 (SBD 6.1)

GENERAL CONDITIONS
DEFINITIONS
ADJUDICATION USING A POINT SYSTEM
POINTS AWARDED FOR PRICE

THE 80/20 OR 90/10 PREFERENCE POINT SYSTEMS

BBEE Status Level of Contributor

2.8 "contract" means the agreement resulting from the acceptance of a bid by a public body;. 2.15 "subcontract" means the primary contractor's assignment, letting, contracting out of work to, or in the service of, another person to support such primary contractor in the execution of a part of a project in terms of the contract;.

Number of points (80/20 system)

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
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
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
A person will not be awarded points for B-BBEE status level if it is indicated in the bid documents that such a bidder intends sub-contracting more than 25% of the value of the
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
BID DECLARATION
B-BBEE STATUS LEVEL OF CONTRIBUTION CLAIMED IN TERMS OF PARAGRAPHS 1.3.1.2 AND 5.1

In terms of Regulation 5 (2) and 6 (2) of the Preferential Procurement Regulation, preference points must be awarded to a bidder for achieving the B-BBEE status level of contribution in accordance with the following table:. The act must present a certificate issued by an accounting officer as provided for in the CCA or a Verification Agency accredited by SANAS or a Registered Auditor. Registered auditors do not need to meet the prerequisites for IRBA approval for the purpose of conducting verification and issuing EMEs with B-BBEE Status Level Certificates.

YES / NO (delete where not applicable). i) what percentage of the contract will be subcontracted. ii) the name of the subcontractor. iii) the B-BSEB status level of the subcontractor. iv) whether the subcontractor is an EME.

9 DECLARATION WITH REGARD TO COMPANY/FIRM

TYPE OF COMPANY/ FIRM
DESCRIBE PRINCIPAL BUSINESS ACTIVITIES
COMPANY CLASSIFICATION
CERTIFICATE OF INDEPENDENT BID DETERMINATION

I am authorized by the bidder to sign this certificate and submit the accompanying bid on behalf of the bidder. Any person whose signature appears on the accompanying bid has been authorized by the bidder to determine the terms of and to sign the bid on behalf of the bidder. In addition, there have been no consultations, communications, agreements or arrangements with any competitor regarding the quality, quantity, specifications and conditions or delivery details of the products or services to which this RFP relates.

The terms of the accompanying bid are not, and will not be, disclosed by the bidder, directly or indirectly, to any competitor prior to the date and time of the official bid opening or the award of the contract.

Offer

A resolution/power of attorney signed by all directors/members/partners of the legal entity must accompany this offer, authorizing the representative to make this offer.

Acceptance

Schedule of Deviations

Subject

A PEP for the execution of the Service will be submitted by the Service Provider to the departmental project manager within a period of two (2) weeks after the briefing. The service provider is required to provide an itinerary as part of the commencement report. C2.1.2.6 All fee bills must be signed by a principal of the Service Provider and submitted in original format, failing which the bills will be returned.

All fee accounts must be signed by a principal of the service provider and submitted in original format, otherwise accounts will be returned.

The additional services item will be utilised by means of a three-quotation system for services not listed on the document which includes but not limited ex investigation studies etc

The Service Provider will meet with the Employer as and when reasonably instructed by the Employer to discuss and record the progress of the services. C3.3.3.1 The Client may order assignments that fall outside the assignment as tendered. The Service Provider is expected at all times to give preference to the performance of the activities of this assignment.

Notwithstanding any other requirements stated elsewhere, the Service Provider will provide a monthly report showing the progress of the Services.

Appendix A

Standard Conditions of Tender

General .1 Actions

The employer and each tenderer submitting a tender offer shall comply with these conditions of tender
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
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
Tender Documents
Interpretation

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
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
For the purposes of these conditions of tender, the following definitions apply

Communication and employer’s agent
Cancellation and Re-Invitation of Tenders
Procurement procedures

General
Competitive negotiation procedure
Proposal procedure using the two stage-system

The tender details include the name and contact details of the client. Unless otherwise specified in the tender details, subject to F.3.13, a contract will be concluded with the tenderer ranked highest according to F.3.11 or the tenderer obtaining the highest number of tender evaluation points, as the case may be, based on the tenders received by the tender closing time. The Employer will evaluate each responsive Submission in terms of the evaluation method stated in the Tender Details, and in the second stage, will negotiate a contract with the Tenderer that scores the highest number of evaluation points and award the contract in terms of these Tender Conditions.

F.1.6.3.2.2 The Employer shall evaluate tenders received in the second stage against the evaluation method specified in the tender data and award the contract in accordance with these conditions.

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

Tenderer’s obligations

Eligibility

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 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

Cost of tendering

Notwithstanding the provisions of F.2.17, the employer may request that tenders be clarified, specified and refined in order to improve a tenderer's competitive position, provided that such clarification, specification, refinement or additional information does not alter any fundamental aspects of the offers or impose material new requirements that restrict or distort competition or have a discriminatory effect. In the first phase, tenderers must submit technical proposals and, if necessary, cost parameters on which a contract can be negotiated. The employer will invite all responsive tenderers to submit tender offers in the second phase, after the issuance of invite all responsive tenderers to submit tender offers in the second phase, after the issuance of procurement documents.

F2.2.1 Accept that, unless otherwise stated in the tender details, the employer will not reimburse the tenderer for any costs incurred in preparing and submitting a tender, including the.

F2.2.1 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

Check documents
Confidentiality and copyright of documents
Reference documents
Acknowledge addenda
Clarification meeting
Seek clarification
Insurance
Pricing the tender offer

F2.10.2 Show the VAT payable by the employer separately in addition to the total of the prices offered.

F2.10.2 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
Alternative tender offers

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
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
An alternative tender offer may only be considered in the event that the main tender offer is the winning tender

Submitting a tender offer

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

Information and data to be completed in all respects
Closing time

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
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

Tender offer validity

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 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
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

On the outside of each envelope, the address and identification data of the client stated in the registration data, as well as the name and contact address of the tenderer, are stated on the outside. Accept that offers that do not contain all requested data or information in full and in the required form may be considered unresponsive by the employer. Accept that the proof of posting will be no later than the closing time stated in the tender details.

SUBSTITUTE”

Clarification of tender offer after submission
Provide other material

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

Inspections, tests and analysis
Submit securities, bonds and policies
Check final draft
Return of other tender documents
Certificates
The employer’s undertakings

Respond to requests from the tenderer
Issue Addenda
Return late tender offers
Opening of tender submissions
Two-envelope system
Non-disclosure
Grounds for rejection and disqualification
Test for responsiveness
Arithmetical errors, omissions and discrepancies
Clarification of a tender offer
Evaluation of tender offers

BBEE status level of contributor Number of points

Provide access during working hours to the premises for inspections, testing and analysis as stipulated in the tender specifications. If so instructed by the employer, return all retained tender documents within 28 days after the expiry of the validity period specified in the tender documents. Include in the tender submission or provide the employer with any certificates as stated in the tender particulars.

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.

The 90/ 10 preference points system for acquisition of services, works or goods with a Rand value above R 50 million

Where

Decimal places
Scoring Price
Scoring preferences
Insurance provided by the employer
Acceptance of tender offer
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

Complete adjudicator's contract
Notice to unsuccessful tenderers

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
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

Provide copies of the contracts
Provide written reasons for actions taken

W1 is the maximum possible number of bid evaluation points awarded for the price as specified in the Bid Data. P is the comparison offer for the investigated offer. the provisions of the tender data. Score each of the criteria and sub-criteria for quality in accordance with the provisions of the Tender Data.

W2 is the maximum possible number of tender evaluation points awarded for the quality as stated in the tender data.

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

F3.19 Transparency in the procurement process

F3.19.5 The employer must establish an Advisory Forum which will carry out a spot check in the implementation of the transparency requirements in the procurement process.

Appendix B

STANDARD PROFESSIONAL SERVICES CONTRACT

July 2009)

Third Edition of CIDB document 1014)

PREFACE

GENERAL CONDITIONS OF CONTRACT

DEFINITIONS
INTERPRETATION
GENERAL 1 Governing law

Change in legislation
Language
Notices
Location
Publicity and publication
Confidentiality
Variations
Changes to the Contract Price or Period of Performance
Sole agreement
Indemnification
Penalty
Equipment and materials furnished by the Employer
Illegal and impossible requirements
Programme
Price adjustment to time-based fees for inflation

EMPLOYER’S OBLIGATIONS 1 Information

Decisions
Assistance
Services of Others
Notification of material change or defect
Issue of instructions
Payment of Service Provider

SERVICE PROVIDER’S OBLIGATIONS 1 General

Exercise of authority
Designated representative
Insurances to be taken out by the Service Provider
Service Provider’s actions requiring Employer’s prior approval
Co-operation with Others

CONFLICTS OF INTEREST

Service Provider not to benefit from commissions, discounts, etc
Royalties and the like
Independence

SERVICE PROVIDER’S PERSONNEL 1 General

Provision of Personnel in terms of a Personnel Schedule

COMMENCEMENT, COMPLETION, MODIFICATION, SUSPENSION AND TERMINATION 1 Commencement of Services

Completion
Termination
Suspension
Rights and liabilities of the Parties

OWNERSHIP OF DOCUMENTS AND COPYRIGHT
SUCCESSION AND ASSIGNMENT
RESOLUTION OF DISPUTES 1 Settlement

Mediation
Adjudication
Arbitration

LIABILITY

Liability of the Service Provider
Liability of the Employer
Duration of Liability
Limit of Compensation
Indemnity by the Employer
Exceptions

REMUNERATION AND REIMBURSEMENT OF SERVICE PROVIDER

Upon termination or expiration of the Contract, the Service Provider will make available to the. The Employer shall pay the Service Provider the Contract Price in accordance with the terms of the Contract. The service provider will start the performance of the services within the period stated in the contract data.

The Employer shall reimburse and reimburse the Service Provider for the performance of the Services as set forth in the Pricing Data.