Framework agreement for main contractors: top structures for sustainable human settlements in ethekwini municipality

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 80/20 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.

Price Points

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

Pt = Comparative price of bid under consideration

Pmin = Comparative price of lowest acceptable bid

Preference Points

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

The Basket of Preference Goals (SCM Policy Section 52.7)

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

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

The Preference Points (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.

Part T1: Tendering Procedures Document Version 01/07/2025

FORMATION OF FRAMEWORK FOR MAIN CONTRACTORS TO IMPLEMENT TOP STRUCTURES FOR INTEGRATED Contract No: 1H-33240

SUSTAINABLE HUMAN SETTLEMENTS WITHIN ETHEKWINI MUNICIPALITY

Ownership Goal

Goal Weighting: 60%

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 80/20

Race: Black Equals 0% 0

Between 0% and 51% 2.4

Greater or equal to 51% and less than 100% 4.2

Equals 100% 6

Gender: Female Equals 0% 0

Between 0% and 51% 2.4

Greater or equal to 51% and less than 100% 4.2

Equals 100% 6

Maximum Ownership Goal Points: 12

The Weightings of the Ownership Categories will be:

w1 = 100%, w2=100%, w=100% (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: 40%

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.

Location 80/20

Not in South Africa 0

South Africa 3.2

Kwa Zulu Natal 5.6

eThekwini Municipality 8

Maximum Goal Points: 8

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

CSD report

Part T1: Tendering Procedures Document Version 01/07/2025

FORMATION OF FRAMEWORK FOR MAIN CONTRACTORS TO IMPLEMENT TOP STRUCTURES FOR INTEGRATED Contract No: 1H-33240

SUSTAINABLE HUMAN SETTLEMENTS WITHIN ETHEKWINI MUNICIPALITY

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.

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.

Part T1: Tendering Procedures Document Version 01/07/2025

FORMATION OF FRAMEWORK FOR MAIN CONTRACTORS TO IMPLEMENT TOP STRUCTURES FOR INTEGRATED Contract No: 1H-33240

SUSTAINABLE HUMAN SETTLEMENTS WITHIN ETHEKWINI MUNICIPALITY

T1.2.3 ADDITIONAL CONDITIONS OF TENDER

T1.2.3.1 Complaints and Objections (Appeals)

Reference is to be made to Clause 49 of the eThekwini Supply Chain Management Policy.

In terms of Section 49 of the Ethekwini SCM Policy any person aggrieved by decisions taken in

the implementation of the SCM System may lodge, within 14 days of notification thereof, a written

objection against the decision. The objection with regard to the decision is to be directed to:

The City Manager

Attention Ms S. Pillay eMail: [email protected]

P O Box 1394

DURBAN

4000

Any objection will only be processed upon receipt of a non-refundable administration fee of

R1,814.00 (including VAT), as stipulated in the Municipality’s current SCM Policy. An objection

will only be considered upon receipt of proof of payment of this fee which must be paid into the

following bank account as a real-time payment:

EThekwini Metropolitan Municipality

Nedbank

Account Number: 110-782-1118

Reference Number: Use the Contract Number

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 Functionality Specification

Functionality Evaluation is not applicable to this tender.

Part T1: Tendering Procedures Document Version 01/07/2025

FORMATION OF FRAMEWORK FOR MAIN CONTRACTORS TO IMPLEMENT TOP STRUCTURES FOR INTEGRATED Contract No: 1H-33240

SUSTAINABLE HUMAN SETTLEMENTS WITHIN ETHEKWINI MUNICIPALITY

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 .................................................................. 30

T2.2.2 Certificate of Attendance at Clarification Meeting/ Site Inspection ....................... 31

T2.2.3 MBD 4: Declaration of Interest .............................................................................. 32

T2.2.4 MBD 5: Declaration for Procurement Above R10 Million (if applicable) ............... 34

T2.2.5 Contracts Awarded by Organs of State in the past 5 years .................................. 35

T2.2.6 MBD 6.1: Preference Points Claim Form (SCM Policy Section 52.5) ................... 36

T2.2.6 MBD 6.1: Preference Points Claim Form (SCM Policy Section 52.7) ................... 36

T2.2.7 MBD 6.2: Declaration for Local Production and Content (if applicable) ................ 38

T2.2.8 MBD 8: Declaration of Bidder’s Past SCM Practices ............................................ 42

T2.2.9 MBD 9: Certificate of Independent Bid Determination .......................................... 44

T2.2.10 Declaration of Municipal Fees ............................................................................... 46

T2.2.11 Contractor's Health and Safety Declaration .......................................................... 47

T2.2.12 CSD Registration Report ....................................................................................... 49

T2.2.13 CIDB Registration and Status ............................................................................... 50

T2.2.14 Joint Venture Agreements (if applicable) .............................................................. 51

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

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

Technical or Functionality Evaluation

T2.2.16 Experience of Tenderer ......................................................................................... 58

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

Part T2: Returnable Documents Document Version 01/07/2025

B-BBEE Minimum Level: 6