SCOPE
T ERMS , DEFINITIONS AND ABBREVIATIONS
T ERMS AND DEFINITIONS
Gate review: an independent review of the information available at a gate on which a decision to proceed or not to the next process is based. Standard: the latest edition of the Standard for the Procurement and Management of Infrastructure Delivery, published by National Treasury.
A BBREVIATIONS
D ELEGATIONS
- Oversight Purposes
No deviation will be made from the provisions of this policy without the approval of the Municipal Manager of Tswelopele Local Municipality.
I MPLEMENTATION OF THE S TANDARD FOR I NFRASTRUCTURE P ROCUREMENT AND D ELIVERY
S UPERVISION OF THE INFRASTRUCTURE DELIVERY MANAGEMENT UNIT
O BJECTIONS AND COMPLAINTS
R ESOLUTION OF DISPUTES , OBJECTIONS , COMPLAINTS AND QUERIES
C ONTROL FRAMEWORK FOR INFRASTRUCTURE DELIVERY MANAGEMENT
2 Strategic resourcing Designated person approves the supply and/or procurement strategy 3 Pre-feasibility Designated person accepts the pre-feasibility report. Preparation and briefing Designated person accepts the strategic assignment 4 Feasibility Designated person accepts the feasibility report.
C ONTROL FRAMEWORK FOR INFRASTRUCTURE PROCUREMENT
7 Works The contract manager declares the completion of the works or the delivery of goods and associated services. 9 Package Completion The contract manager or supervisor certifies the certificate of defects in accordance with the terms of the contract.
I NFRASTRUCTURE DELIVERY MANAGEMENT REQUIREMENTS
- Institutional arrangements
- Committee system for procurement
- Procurement documentation committee
Designated person accepts the closing report .. and the procurement commission is applied to all procurement procedures where the estimated value of the procurement exceeds the financial threshold for tenders and to the conclusion of framework agreements. When there is competition between framework contractors to place an order and the value of the order exceeds the financial threshold for tenders, the evaluation committee will evaluate the tenders received. Other members include, if applicable, a representative of the end user or the department requiring infrastructure delivery.
PG5 recommendations and authorize progress. of the tender process in qualified, proposal or. in the next stage of the competitive negotiation procedure of the tender process. 3 FG2 Obtaining approval for procurement documents Giving approval for issuing procurement documents [designated person]. 6 FG4 Authorize issuance of order If applicable, review assessment report and confirm or deny [authorized person].
Formally accept the offer in writing and issue a signed copy of the order to the contractor. No offer submitted by a member of, technical advisor or expert participating in the work of the tender documentation committee or a family member or associate of such member may be considered by the evaluation committee. The chairman of the evaluation committee shall immediately notify the municipal manager or designee of any respondent or tenderer who is disqualified for having engaged in fraudulent or corrupt practices during the bidding process.
A CTIONS OF AN AUTHORISED PERSON RELATING TO THE AWARD OF A CONTRACT OR AN ORDER
- Award of a contract
- Issuing of an order
The Tender Committee may, for justifiable reasons and following due process, disregard the submission of any Bidder if that Bidder or any of its directors, members or trustees or partners has abused the delivery management system or committed fraud, corruption or any other misconduct in connection with such system.
C ONDUCT OF THOSE ENGAGED IN INFRASTRUCTURE DELIVERY
- General requirements
- Conflicts of interest
- Evaluation of submissions received from respondents and tenderers
- Non-disclosure agreements
- Gratifications, hospitality and gifts
- Reporting of breaches
- Measures to prevent abuse of the infrastructure delivery system
- Awards to persons in the service of the state
Employees and agents of the municipality shall not, directly or indirectly, accept or agree to or offer to accept any gratification from any other person, including a commission, whether for their own benefit or for the benefit of another person, as an inducement to have any improper influence on the process, procedure or decision of the public procurement. Employees and representatives of the municipality and their family members or associates may not receive any of the following from any provider, defendant or contractor or potential contractor: .. a) money, loans, equity capital, personal favors, benefits or services;. Employees and representatives of the municipality may not purchase items at artificially low prices from any bidder, defendant or contractor or potential contractor at artificially low prices that are not available to the public.
All employees and agents of the municipality may, for the purpose of fostering interpersonal business relationships, accept the following: .. a) meals and entertainment, but excluding the cost of transportation and lodging;. Municipal employees and agents shall promptly report to the municipal .. manager or appropriately delegated authority any instance of a respondent, tenderer or contractor providing them or any other person with a remedy, directly or indirectly, to improperly influence in any way a procurement process, procedure or decision. City employees and agents will promptly report to the City Manager or appropriately delegated authority any suspected improper conduct of which they become aware, including suspected fraud or corruption.
The notes to the council's financial statements will disclose details of an award of more than R2,000 to a person who is a relative of a person identified in 1.13.8 or who has been in the previous 12 months.
C OLLUSIVE TENDERING
- Placing of contractors under restrictions
Such notes shall include the name of the person, the capacity in which such person served, and the amount of the reward. taken to confirm the correctness of the statements,. The designated person will prepare a report on the matter and make a recommendation to the municipal manager to place the contractor or any of its executives under restrictions from doing business with the municipality. The Municipal Manager, as the case may be, after receiving a recommendation made in terms of 1.14.1 and after notifying the contractor of such intention in writing and giving reasons in writing for such action, may suspend a contractor or any director of that contractor from submitting a tender offer to the Municipality for a period of time.
C OMPLAINTS
A CQUISITION MANAGEMENT
- Unsolicited proposal
The Municipal Manager will submit the reasons for the rejection or non-following of the recommendations to the National Treasury, the Free State Provincial Treasury and Auditor General within 7 working days after the decision has been taken to award the unsolicited offer. A contract in such circumstances will not be entered into or signed within 30 days of such submission.
T AX AND RATES COMPLIANCE
- SARS tax clearance
- Municipal rates and taxes
- Declarations of interest
- Invitations to submit expressions of interest or tender offers
In such circumstances, a contract must not be entered into or signed within 30 days of such delivery. d) before authorizing a further payment due to a non-compliant contractor who has failed to correct his tax compliance status after receiving the first warning, a second and final warning shall be issued to such contractor; .. e) no payment may be released for any amount owed in respect of the contract due to a non-complying contractor if, after a period of 30 calendar days has elapsed since the issue of the second warning, the non-compliant contractor has failed to correct its tax compliance status. All invitations to submit tenders where the estimated value of the contract exceeds R200 000, including VAT, unless a limited tendering process is followed, and expressions of interest will be announced on the Municipality's website and on the National Treasury's Electronic Tender Publication Portal. Advertisements relating to construction works subject to the Construction Industry Development Regulations issued under the Construction Industry Development Act 2000 will comply with the advertising requirements on the CIDB website.
Where deemed appropriate by the designated person, an invitation to tender and a call for expressions of interest will be advertised in appropriate local and national newspapers and the State Tender Bulletin as indicated by such person. Such advertisements will be advertised for a period of at least 30 days before closure, except in urgent cases where the advertising period can be shortened as determined by the Municipal Manager. Invitations to submit expressions of interest or tender offers must be issued no less than 10 working days before the closing date for tenders and at least 5 working days before any mandatory clarification meeting.
Tender documents will be made available at least 7 days before the closing time for submissions.
P UBLICATION OF SUBMISSIONS RECEIVED AND THE AWARD OF CONTRACTS
- Disposal committee
For each alienation, the municipal administrator appoints the members of the alienation committee in writing to decide how best to carry out the alienation in accordance with the provisions of Article 10 of the standard. The Disposal Committee makes recommendations to the Designated Person who approves the recommendations, sends the disposal strategy back to the Disposal Committee for reconsideration and decides not to proceed or restart the process.
R EPORTING OF INFRASTRUCTURE DELIVERY MANAGEMENT INFORMATION
- Infrastructure procurement
- Payment of contractors
- Approval to utilise specific procurement procedures
R ECEIPT AND SAFEGUARDING OF SUBMISSIONS
- Opening of submissions
- Use of another organ of state’s framework agreement
Each member of the opening panel must initial the front cover of the submission and all pages which are stamped in accordance with the requirements of 7.7.3h). Respondents and tenderers whose submissions are returned will be given an opportunity to collect their submissions. Submissions will be kept from the moment of receipt until the end of the procurement process.
The municipal manager can use another framework contract of the state that has been established through a public tender and has demonstrable benefits. To this end, the municipal clerk submits the necessary application to that state body.
I NSURANCES
- Written reasons for actions taken
- Request for access to information
Engineering and construction contracts - loss of or damage to property (other than not less than R20 million the works, plant and materials and equipment) and liability for bodily injury to. Professional services and service contracts - death or personal injury to not less than R10 million of contractor's employees as a result of and during their. Insurance coverage in professional services and service contracts for property damage or death or bodily injury to contractor employees arising out of and during their employment in connection with a contract shall not be less than the value set forth in Table 4 for any given event, unless otherwise specified by the designee.
SASRIA Special Risk Insurance in respect of riot and associated risk of damage to the works, plant and materials will be taken out on all engineering and construction works. Professional service engagements will, as a general rule, be subject to proof of current professional indemnity insurance submitted by the contractor at an amount not less than the value stated in Table 4 in respect of each claim, without limitation on the number of claims, unless otherwise determined by the in connection with the nature of the service they provide. The Municipality will take out professional indemnity insurance cover where it is deemed necessary to have such insurance at a level higher than the levels of insurance normally carried by contractors.
When the payment will be made in several currencies, either the contractor or the municipality must conclude advance coverage.
