Construction of 976 bng top structure units at cornubia phase 2b (multiple contractor awards)

Tenders will be checked for compliance with the ELIGIBILITY requirements, as specified in the

Tender Data: C.2.1. Tenders not in compliance will be deemed non-responsive.

Functionality

FUNCTIONALITY will not be used in the evaluation of tenders.

Preference Point System

The procedure for the evaluation of responsive tenders is PRICE AND PREFERENCE, in

accordance with the Employer’s SCM Policy: Section 52: Preferential Procurement.

The provisions of the SCM Policy: Section 52.7: The Basket of Preference Goals shall apply.

Price Points

The 90/10 preference points system, for requirements with a Rand value above R50,000,000 (all

applicable taxes included), will be applied. The Formula used to calculate the Price Points (max.

will be according to that specified below.

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

80/20 Procurement System or 90/10 Procurement System

 Pt − P min   Pt − P min  Ps = 801 −  Ps = 901 − 

 P min   P min 

Where: Ps = Points scored for comparative price of bid under

consideration

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Contract No: 1H-32115

Pt = Comparative price of bid under consideration

Pmin = Comparative price of lowest acceptable bid

Preference Points

Reference is to be made to Returnable Form: T2.2.6: MBD 6.1: Preference Points Claim.

Broad-Based Black Economic Empowerment (SCM Policy Section 52.5)

A maximum of either 20 or 10 tender evaluation Preference Points will be derived from points claimed

for their B-BBEE Status Level of Contributor, as indicated on their B-BBEE Status Level Verification

Certificates, on Returnable Form: T2.2.6: MBD 6.1, in accordance with the table below.

The Basket of Preference Goals (SCM Policy Section 52.7)

The Preference Points (either 20 or 10) will be derived from points claimed for Specific Goals as

indicated in the table(s) below, according to the specified Goal/ Category Weightings.

Ownership Goal

Goal Weighting: 50%

The tendering entity’s Percentage Ownership, in terms of the Ownership Category(s) listed below, is to

be used in the determination of the Tenderer’s claim for Preference Points.

Ownership Categories Criteria 90/10

Race: Black (w1) Equals 0% 0

Between 0% and 51% 1.5

Greater or equal to 51% and less than 100% 2.63

Equals 100% 3.75

Gender: Female (w2) Equals 0% 0

Between 0% and 51% 0.5

Greater or equal to 51% and less than 100% 0.88

Equals 100% 1.25

Maximum Ownership Goal Points: 5

The Weightings of the Ownership Categories will be:

w1 = 75%, w2=25%, (where: w1 + w2 = 100%)

Proof of claim as declared on MBD 6.1 (1 or more of the following will be used in verifying the Tenderer’s status)

Companies and Intellectual Property Commission registration document (CIPC)

CSD report.

B-BBEE Certificate of the tendering entity.

Consolidated BBBEE Certificate if the tendering entity is a Consortium, Joint Venture, or Trust (Issued by verification

agency accredited by the South African Accreditation System).

Agreement for a Consortium, Joint Venture, or Trust.

RDP Goal: The promotion of South African owned enterprises

Goal Weighting: 25%

The tendering entity’s Address (as stated on the National Treasury Central Supplier Database (CSD) or on

the eThekwini Municipality Vendor Portal) is to be used in the determination of the Tenderer’s claim for

Preference Points for this Specific Goal.

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Location 90/10

Not in South Africa 0

South Africa 1

Kwa Zulu Natal 1.75

eThekwini Municipality 2.5

Maximum Goal Points: 2.5

Proof of claim as declared on MBD 6.1 (1 or more of the following will be used in verifying the Tenderer’s status)

RDP Goal: The promotion SMMEs owned by Black People – Contracts > R5m

Goal Weighting: 25%

The tendering entity’s Commitment to Sub-Contracting (to Sub-Contractors conforming to the specified

ownership demographics) the percentage works, as specified below, is to be used in the determination of

the Tenderer’s claim for Preference Points for this Specific Goal.

Contract Participation Goal 90/10

Sub-contracting 0% 0

Sub-contracting <25% 1

Sub-contracting 25% 1.75

Sub-contracting >25% and <50% 2.5

Maximum Goal Points: 2.5

Proof of claim as declared on MBD 6.1 (1 or more of the following will be used in verifying the Tenderer’s status)

Contract Participation Goal Plan (% work to be allocated)

C.3.13 Acceptance of tender offer:

In addition to the requirements of Tender Data: C.3.13 of the Standard Conditions of Tender,

tender offers will only be accepted if:

(a) The Tenderer’s municipal rates and taxes are not in arears, or they have made arrangements

to meet outstanding municipal fee obligations.

(b) The Tenderer’s tax compliance status has been verified, or they have made arrangements to

meet outstanding tax obligations.

(c) If applicable, the Tenderer is registered, and “Active”, with the Construction Industry

Development Board in an appropriate contractor grading designation.

(d) The Tenderer or any of its directors/ shareholders are not listed on the Register of Tender

Defaulters, in terms of the Prevention and Combating of Corrupt Activities Act of 2004, as a

person prohibited from doing business with the public sector.

(e) The Tenderer has not:

Abused the Employer’s Supply Chain Management System; or

ii) Failed to perform on any previous contract and has been given a written notice to this effect.

(f) The Employer is reasonably satisfied that the Tenderer has in terms of the Construction

Regulations (2014), issued in terms of the Occupational Health and Safety Act (1993), the

necessary competencies and resources to carry out the work safely.

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The Municipality does not bind itself to accept the lowest or any tender. It reserves the right to accept

the whole or any part of a tender to place orders. Bidders shall not bind the Municipality to any

minimum quantity per order. The successful Tenderer(s) shall be bound to provide any quantities

stipulated in the specification.

The municipality has a firm intention to proceed with the work, subject to funding being identified.

Notwithstanding the Standard Conditions of Tender: C.1.1.3 of, the municipality reserves the right

to award or not award the tender based on the municipalities available budget.

C.3.15 Complete adjudicator’s contract:

Refer to the Conditions of Contract and the Contract Data.

C.3.17 Copies of contract:

The number of paper copies of the signed contract to be provided by the Employer is ONE (1).

Tenderers are referred to the requirements as stated in the Tender Data: C.2.13.

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T1.2.3 ADDITIONAL CONDITIONS OF TENDER

T1.2.3.1 Appeals

In terms of Regulation 49 of the Municipal Supply Chain Management Regulations persons

aggrieved by decisions or actions taken by the Municipality, may lodge an appeal within 14 days

of the decision or action, in writing, to the Municipality. All appeals (clearly setting out the reasons

for the appeal) and queries with regard to the decision of award are to be directed to:

The City Manager

Attention Ms S. Pillay eMail: [email protected]

P O Box 1394

DURBAN, 4000

T1.2.3.2 Prohibition on awards to persons in the service of the state

Clause 44 of the Supply Chain Management Regulations states that the Municipality or Municipal

Entity may not make any award to a person:

(a) Who is in the service of the State;

(b) If that person is not a natural person, of which a director, manager, principal shareholder or

stakeholder is a person in the service of the state; or

(c) Who is an advisor or consultant contracted with the municipality or a municipal entity.

Should a contract be awarded, and it is subsequently established that Clause 44 has been

breached, the Employer shall have the right to terminate the contract with immediate effect.

T1.2.3.3 Code of Conduct and Local Labour

The Tenderers shall make themselves familiar with the requirements of the following policies:

Code of Conduct;

The Use of CLOs and Local Labour.

T1.2.3.4 Award Limitations

As time is of the essence on the rollout of the contracts, the employer reserves the right to award

one (1) sub-phase (from Phase 2A-S 1H-31918 or Phase 2B 1H-32115) per responsive tenderer

and the choice of the sub-phase will be based on criteria at the employers discretion. The

employers discretion shall be final in this regard.

T1.2.3.5 Delayed Possession of Site

Sub-phase 2B-1 with a yield of 253 will not be made available in its entirety at award stage

due to the civil infrastructure being incomplete. In this regard approximately 100 units will be

released on award and the balance to be released in batches on completion of the civil

infrastructure. There could be a possibility that after the first batch of 100 units is completed

the contract will be suspended until the civil infrastructure is completed. Every effort will be

made to eliminate or limit this delay and no claims will be considered in this regard.

T1.2.3.6 Tender Pricing

The project is funded by the Provincial Department of Human Settlements (KZNDoHS) and as

such the pricing expected for the top structure, shall not be lower than the subsidy by a

maximum of 10%. Any tenderer offering a discount greater than 10% shall be regarded as high

risk and shall be regarded as non-responsive. The applicable subsidy quantum’s are available

from the KZNDoHS website.

T1.2.3.7 Accommodation of Other Contractors

The entire phase is at implementation stage and as such the contractor is to expect working

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Contract No: 1H-32115

adjacent to and in close proximity to other civil and top structure contractors. Accommodation of

these contractors and them traversing the site is to be included in the relevant tender rates,

where applicable.

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Contract No: 1H-32115

PART T2: RETURNABLE DOCUMENTS

T2.1 LIST OF RETURNABLE DOCUMENTS

T2.1.1 General

The Tender Submission Documentation must be submitted in its entirety. All forms must be properly

completed and signed as required.

The Tenderer is required to complete and sign each and every Schedule and Form listed below to

the best of their ability as the evaluation of tenders and the eventual contract will be based on the

information provided by the Tenderer.

Failure of a Tenderer to complete the Schedules and Forms to the satisfaction of the Employer will

inevitably prejudice the tender and may lead to rejection on the grounds that the tender is non-

responsive.

T2.1.2 Returnable Schedules, Forms and Certificates

Entity Specific

T2.2.1 Compulsory Enterprise Questionnaire .................................................................. 31

T2.2.2 Certificate of Attendance at Clarification Meeting/ Site Inspection ....................... 32

T2.2.3 MBD 4: Declaration of Interest .............................................................................. 33

T2.2.4 MBD 5: Declaration for Procurement Above R10 Million ...................................... 35

T2.2.5 Contracts Awarded by Organs of State in the past 10 years ................................ 36

T2.2.6 MBD 6.1: Preference Points Claim Form (SCM Policy Section 52.5) ................... 37

T2.2.6 MBD 6.1: Preference Points Claim Form (SCM Policy Section 52.7) ................... 37

T2.2.7 MBD 6.2: Declaration for Local Production and Content ...................................... 39

T2.2.8 MBD 8: Declaration of Bidder’s Past SCM Practices ............................................ 43

T2.2.9 MBD 9: Certificate of Independent Bid Determination .......................................... 45

T2.2.10 Declaration of Municipal Fees ............................................................................... 47

T2.2.11 Contractor's Health and Safety Declaration .......................................................... 48

T2.2.12 CSD Registration Report ....................................................................................... 50

T2.2.13 CIDB Registration and Status ............................................................................... 51

T2.2.14 Joint Venture Agreements (if applicable) .............................................................. 52

T2.2.15 Record of Addenda to Tender Documents ............................................................ 53

T2.2.16 Experience of Tenderer ......................................................................................... 54

T2.2.16 Summary Experience over past 10yrs of Tenderer............................................... 57

T2.2.17 Proposed Organisation and Staffing ..................................................................... 59

T2.2.18 Key Personnel ....................................................................................................... 60

T2.2.19 Experience of Key Personnel ................................................................................ 61

T2.2.20 Preliminary Programme ......................................................................................... 62

T2.2.21 Construction Approach, Methodology, and Quality Control .................................. 63

T2.2.22 Schedule of Proposed Subcontractors .................................................................. 64

Part T2: Returnable Documents Document Version 12/05/2025