Replacement of three chilled-water air-handling units at joburg theatre – gauteng tender

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Returnable Documents: BID NO: ____________________ PLEASE USE THE CHECKLIST TO CONFIRM THAT ALL REQUIRED DOCUMENTS HAVE BEEN COMPLETED, SIGNED, WHERE APPLICABLE, AND ATTACHED TO THE QUOTATION. FAILURE TO SUBMIT ANY COMPULSORY DOCUMENT OR REQUIRED INFORMATION, WHERE SUCH NON-SUBMISSION IS EXPRESSLY STATED AS DISQUALIFYING IN THE QUOTATION DOCUMENT, MAY RESULT IN THE QUOTATION BEING DISQUALIFIED. DESCRIPTION Yes /no Returnable documents required for tender evaluation purposes MBD 1 -Invitation to Bid Certificate of Attendance of Site Meeting Authority to Sign Documents Record Of Addenda to Tender Documents MBD 2 -Tax Clearance Certificate Requirements MBD3.1 - Pricing and Delivery Schedule MBD4- Declaration of Interest MBD 6.1- Preference Points Claim Form in terms of PPPFA 2022 regulations MBD 8- Declaration of Bidder’s Past Supply Chain Management Practices MBD9- Certificate of Independent Bid Determination Additional Documents to be provided by the Bidder and attached to his/her tender Provides proof of its entity’s registration documentation (e.g., CIPC) indicating the date of registration/incorporation, and a list of directors, partners, and members and share certificates Provide proof of current and valid SARS Tax Pin and VAT registration certificate. Provide rationale if not VAT registered. Provide a National Treasury Centralised Supplier Database (CSD) registration summary report (report should not be older than 30 days) Provide a Valid certified copy of B-BBEE certificate / In the case of EME’s a Sworn Affidavit on DTI template. Provide a current or latest Municipal Rates and Taxes invoice for the Tenderer’s office/premises (not in arrears for more than 90 days) or Where a bidder does not own the premises, they reside in, they must provide a certified lease agreement together with the utility bill statement (payments made according to the lease agreement) (not in arrears for more than 90 days) NB: Where the Tenderer operates from their residential address (where they live), an affidavit confirming this arrangement must be provided. Please note the address should be the same as the one disclosed in the CSD or CIPC of 117 Provide Municipal Rates and Taxes Invoice for All the Directors (as per CIPC document) of the Company OR Original Certified Copy of Lease Agreement and statement of accounts OR Affidavit Certified by the SAPS only if business is conducted in director’s premises. (Not in arrears for more than 90 days) Current audited annual financial statements, where the bidder is legally required to have its annual financial statements audited; or Where the bidder is not legally required to prepare audited annual financial statements, the bidder must submit its most recent annual financial statements together with a Public Interest Score (PIS) calculation. Letter of good standing from the Compensation Fund or a licensed compensation insurer as contemplated in the Compensation for Occupational Injuries and Disease (COIDA) Act No. . Provide Certified copies of South African Identity Documents or Valid Passports of Members, Directors or owner (Copy with original stamp). Detailed brochure(s) of all services offered shall be presented together with this bid documents

Relevant experience in chilled-water AHU or comparable HVAC projects

Qualifications and experience of key personnel

Technical proposal and preliminary AHU information

Project methodology and implementation programme

Project resources and execution capacity

Other

Detailed Quotation (on company letterhead)

Any additional bidder information not mentioned above

Signature ____________________________

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Section 1

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Mbd 1

Part a

Invitation to bid

You are hereby invited to bid for requirements of the (joburg city theatres)

BID NUMBER: 00404/26 CLOSING DATE: 04 September 2026 CLOSING TIME: 12h00

Replacement Of Three (3) Existing Chilled-Water Air-Handling Units (AHUs) At the Joburg

DESCRIPTION Theatre

The successful bidder will be required to fill in and sign a written contract form (mbd7).

Sealed quotations marked with the reference no: must be placed in the Tender Box at Joburg Theatre

Complex, 01st Floor, Loveday Street, Braamfontein.

Supplier information

Name of bidder

Postal address

Street address

Telephone number code number

Cellphone number

Facsimile number code number

E-mail address

VAT registration number

TAX COMPLIANCE STATUS TCS PIN: CSD No:

B-bbee status level b-bbee status

VERIFICATION CERTIFICATE LEVEL SWORN Yes Yes

[TICK APPLICABLE BOX] AFFIDAVIT No No

[A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE/ SWORN AFFIDAVIT (FOR EMES & QSEs) MUST BE

Submitted in order to qualify for preference points for b-bbee]

Yes

Are you the accredited are you a

No

Representative in south foreign based

Yes

Africa for the goods supplier for the

No [IF YES,

/Services /works goods /services

Answer

Offered? /Works offered?

[If yes enclose proof] part b:3 ]

Total number of items

Offered total bid price r

Signature of bidder

Date

Capacity under which

This bid is signed

Technical information may be directed

Bidding procedure enquiries may be directed to: to:

DEPARTMENT Supply Chain CONTACT PERSON

CONTACT PERSON Keabetswe Senne E-MAIL ADDRESS

E-MAIL ADDRESS [email protected] TELEPHONE NUMBER

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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 online

1.3. This bid is subject to the preferential procurement policy framework act and the

Preferential procurement regulations, 2022, the general conditions of contract (gcc)

And, if applicable, any other special conditions of contract.

2. Tax compliance requirements

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 view the taxpayer’s profile and tax status.

2.3 Application for the tax compliance status (tcs) certificate or pin may also be made via e-

Filing. In order to use this provision, taxpayers will need to register with SARS as e-filers

Through the website www.SARS.GOV.ZA.

2.4 Foreign suppliers must complete the pre-award questionnaire in part b: 3.

2.5 Bidders may also submit a printed tcs certificate together with the bid.

2.6 In bids where consortia / joint ventures / sub-contractors are involved, each party must

Submit a separate tcs certificate / pin / csd number.

2.7 Where NO tcs is available but the bidder is registered on the central supplier database

(Csd), a csd number must be provided.

3. Questionnaire to bidding foreign suppliers

3.1. Is the entity a resident of the republic of south africa (RSA)? yes NO

3.2. Does the entity have a branch in the RSA? yes NO

3.3. Does the entity have a permanent establishment in the RSA? yes NO

3.4. Does the entity have any source of income in the RSA? yes NO

3.5. 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 Above.

Nb: failure to provide any of the above particulars may render the bid invalid.

NO bids will be considered from persons in the service of the state.

Signature of bidder: .....................................

Capacity under which this bid is signed: .......................................

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Instructions to Bidders

A. Bid documents

Rules for Bidding

➢ JCT is not bound to accept any of the proposals submitted and reserves the right to call for

presentations from short-listed bidders before final selection.

➢ JCT reserves the right to terminate this appointment or temporarily defer the work, or any

part thereof, at any stage of completion should JCT decide not to proceed with the bid.

➢ JCT also reserves the right to appoint any other person to undertake any part of the tasks.

➢ The service provider must be a single legal entity with all other necessary expertise

secured. JCT will enter into a single contract with a single entity for the delivery of the work

set out in these bid documents.

➢ The bidding entity shall be the same entity that will execute the bid. Any bid found to be

fronting for another entity or entities shall be disqualified immediately.

➢ The service provider and its affiliates are disqualified from providing goods, works and

services to any private party to this Agreement, or any eventual project that may result,

directly or indirectly from these services.

➢ JCT reserves the right to return late bid submission unopened.

➢ Should the contract between JCT and the service provider be terminated by either party

due to reasons not attributable to the service provider, the service provider will be

remunerated for the appropriate portion of work completed up to a maximum amount of

not more than the total fee bid by the service provider for the appropriate phase of the

project during which the appointment was terminated.

➢ Bids must be submitted with all official Bid Forms that are contained within this tender

document and duly completed.

➢ Bids must be delivered at the correct address location that is indicated in the tender

document, and must be delivered timeously, as late bid submissions will NOT be accepted

for consideration.

➢ Late submissions will not be accepted under any circumstances. The tender box shall be

locked at exactly 12:00 Noon and tenders arriving only a second after 12:00 or any time

thereafter will not be accepted under any circumstance. Tenderers are therefore strongly

advised to ensure that their tenders when dispatched allow enough time for any

unforeseen events that may delay the delivery of the tender.

The Tender, including the returnable address, must be submitted in a sealed envelope, marked

with:

1. Tender Number and Description
2. The Name and Address of the Tenderer

➢ This Bid is subject to the Preferential Procurement Policy Framework Act and the Preferential

Procurement Regulations of 2022, the General Conditions of Contract (GCC) as listed in this

document and, if applicable, any other special conditions of contract as specified.

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➢ Each party to a consortium/ sub-contractors must submit a separate original and valid Tax

Clearance Certificate.

➢ Failure to submit completed documents with the tender proposal may invalidate the tender

proposal.

➢ Failure to submit a valid BBBEE Certificate will result in zero preference points being awarded

for BBBEE.

➢ Tender forms contained within the Tender Document requesting information have been

drawn up so that certain essential information is furnished in a specific manner and format.

Any additional particulars should be furnished on this document where appropriate, or in a

separate annexure.

➢ This tender document, together with associated forms and annexures, may NOT be retyped

or re-drafted.

➢ This tender document, together with associated forms and annexures, may NOT be filled in

by means of mechanical devices. A black ink pen should be used to fill in this tender

document.

➢ Bidders should check the numbers of the pages and satisfy themselves that none are missing

or duplicated. No liability shall be accepted in regard to claims arising from the fact that pages

are missing or duplicated

➢ The tender price shall be open for acceptance for a period of at least 120

➢ calendar days after the closing date of the tender. It should be noted that Tenderers may

offer a shorter validity period, but their bid may in that event, be disregarded for such a

reason. Tenderers shall clearly state whether or not prices will remain firm for the duration

of the contract. Only firm prices will be accepted. Non-firm prices (including prices subject to

rates of exchange of variations) will not be considered. In cases where different delivery

points influence the pricing, a separate pricing schedule must be submitted for each delivery

point.

➢ Failure to have the Price declaration of this tender document signed by a duly authorized

person will constitute non-commitment by the bidder of the tender price, and the bid will be

invalidated.

➢ All prices shall be quoted in South African currency and be VAT inclusive.

➢ JCT reserves the right to only accept part of the submitted bid by a supplier.

➢ JCT reserves the right to withdraw this tender.

➢ Unless specifically provided for in the tender document, no tenders will be considered if

submitted or transmitted by telegram, telex, facsimile, e-mail or similar apparatus.

➢ It should be noted that JCT reserves the right to accept or reject any tender proposal without

being obliged to give any reasons in this respect.

➢ The bidder’s company letterhead must be used for the proposal’s cover letter and reflect the

company name, address and contact details.

➢ The correct Tender reference number (See the front page of this BID for the Tender Number)

must be quoted and the bidding company’s name must appear on all pages of the proposal.

➢ Responsiveness criteria of submissions : No Tender will be considered by JCT unless it meets

the following responsiveness criteria:

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a. The Tender must be properly received in a sealed envelope clearly indicating the

description of the service or goods and the Tender number for which the Tender is

submitted.

b. The Tender must be deposited in the relevant Tender box as indicated on the notice

of the Tender on or before the closing date and time of the Tender.

c. The official Tender document must be fully completed in black ink pen. Where

information requested does not apply to the Tenderer and the space is left blank, it

will be deemed to be not applicable.

d. All requested relevant and/or additional documentation must be submitted with the

Tender on or before the closing date and time.

e. The Tenderer must be in good standing to do business with the public sector in terms

of Regulation 38 of the Supply Chain Management Regulations (Government Gazette

May 2005).

f. Complies with the requirements of the Specification.

g. Adheres to Pricing Instructions.

h. Complies in full and observes the requirements of the Notice to Tenderers (if

applicable).

i. In addition to the terms and conditions stipulated in this document, for the Tender

to be considered responsive, the Tenderer must submit the following Tender

information:

➢ A fully completed and signed Tender Form;

➢ The Tenderer’s Details;

➢ The necessary document authorising the Representative to sign and submit the

Tender on the Tenderer’s behalf;

➢ The Declaration by Tenderer

Registration on the CSD

Potential service providers must be registered on the CSD administered by National Treasury at

the time of submitting this bid. Bidders that are not yet registered can register on-line at

www.csd.gov.za

Grounds for Disqualification

Joburg City Theatres reserves the right to disqualify any bidder which does any one or more of the

following, and such disqualification may take place without prior notice to the offending bidder,

however the bidder shall be notified in writing of such disqualification:

1. Bidders who do not submit a valid Tax PIN issued by SARS, on the closing date and time of

the bid.

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2. bidders who submitted incomplete information and documentation according to the

requirements of this Bid

3. bidders who submitted information that is fraudulent, factually untrue or inaccurate, for

example memberships that do not exist, BEE credentials, experience, etc.;

4. bidders who received information not available to other vendors through fraudulent

means; and/or

5. Bidders are reminded that all alterations in the bid document must be signed in full by the

bidder’s authorised signatory and an accompanying letter on the bidder’s official

letterhead must be provided indicating such alterations.

6. This bid, correctly endorsed is to be addressed to Joburg City Theatres and must be

deposited into the tender box at the time and date shown herein. Under no circumstances

will late tenders be accepted.

7. The bid document is to be completed in black ink pen and in full. It is not to be retyped at

all.

8. The bid document is to be submitted in full in the same order as issued with all sections

attached.

9. Joburg City Theatres will not award the tender to any firm that cannot provide proof to

substantiate its successful completion of a minimum of 5 projects of similar size and nature.

10. Proposal that do not meet Joburg City Theatres’ requirements shall be considered as

unsuitable and non-responsive and shall be rejected.

11. Bidders are required to cost for all the items as required. If not, the proposal will be

rejected as non-responsive.

Notice to Bidders

The costs of preparing the proposal, negotiation and any other engagement pursuant to this bid

shall be for the sole account of the bidder and shall not be reimbursed by Joburg City Theatres

under any circumstances.

Joburg City Theatres reserves the right to amend, modify or withdraw the BID in part or in total

including terminating any associated proceedings at any time, without prior notice to the bidders

and without liability to compensate or reimburse any person in relation thereto.

Joburg City Theatres' reserves the right to accept or reject any of the proposals submitted; and

shall be under no obligation or bound to do so.

Joburg City Theatres reserves the right to adopt any submission by any Bidder(s) and to include

information therein into other procurement documentation of Joburg City Theatres without

compensation to the authors of such information.

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Amendment of Bid Documents

At any time prior to the deadline for submission of bids, JCT may, for any reason, whether at its

own initiative or in response to a clarification requested by a prospective bidder, modify the

tender document by amendment.

All prospective bidders who have received the bid document will be notified of the amendment

in writing and same will be binding on them.

In order to allow prospective bidders reasonable time in which to take the amendment(s) in

account in preparing their bids, JCT at their discretion, may extend the deadline for the

submission of bids.

B. Preparation of bids

Language of Bid

The bid prepared by the Bidder, as well as all correspondence and documents relating to the bid

exchanged by the Bidder and JCT shall be written in English.

Bid Price

➢ The Tenderer shall supply all the price information required in the price schedule, failure

to do so shall invalidate the Tender.

➢ No claim for price escalation will be considered unless it is specifically stated that this

Tender is subject to adjustment. Failure to complete this clause will result in the Tender

prices being deemed to be firm.

➢ Notwithstanding anything to the contrary contained in JCT’s Conditions of Tender,

Memorandum of Agreement or the Price Schedule, any claim for an increase in the

Tender prices herein quoted shall be submitted in writing.

➢ The method and conditions of payment to be made to the supplier under this contract

shall be specified.

➢ The supplier shall furnish the purchaser with an invoice accompanied by a copy of the

delivery note and upon fulfilment of other obligations stipulated in the contract.

➢ Payments shall be made promptly by the purchaser, but in no case later than thirty (30)

days after submission of statement by the supplier.

➢ Payment will be made in Rand unless otherwise stipulated.

➢ All prices must include Value Added Tax.

➢ All tax invoices submitted by the Bidder must show the Value of the supply, the amount

of tax charged and the consideration for the supply.

➢ All price(s) must be net with all discounts and settlement discount already deducted.

➢ Price(s) must include cost of supply, transport of personnel delivery and off-loading (if

applicable).

➢ Price(s) must include cost of all labour, equipment, delivery of labour to site, materials

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etc. and without any extra or additional charges to Joburg City Theatres whatsoever.

➢ Any and all alterations to the bid price must be signed in full by the bid’s authorized

signatory and an accompanying letter from bidder on their official company letterhead

will indicate such alterations. Failure to this will disqualify the bid

Period of Validity of Bids

➢ Bids shall remain valid for 120 days after the closing date of bid prescribed by JCT. A bid valid

for a shorter period shall be rejected by JCT as non-responsive.

➢ In exceptional circumstances, JCT may solicit the Bidder’s consent to an extension of the

period of validity. The request and the response thereto shall be made in writing. A Bidder

may refuse the request. A Bidder granting the request will not be required nor permitted to

modify its bid.

Closing date of Bids

➢ Bids must be received by JCT at the address specified in the bid document. In the event of

the specified date for the submission of Bids being declared a holiday, the Bids will be

received up to the appointed time on the next working day.

➢ JCT may, at its discretion, extend this deadline for submission of bids by amending the bid

documents, in which case all rights and obligations of JCT and Bidders previously subject to

the deadline will thereafter be subject to the deadline as extended.

Late Bids

Any bid received by JCT after the deadline for submission of bids prescribed by JCT, will be

rejected and/or returned unopened to the Bidder.

Modification and Withdrawal of Bids

➢ The Bidder may modify or withdraw its bid after the bid’s submission, provided that

written notice of the modification or withdrawal is received by JCT prior to the deadline

prescribed for submission of bids.

➢ The Bidder’s modification or withdrawal notice shall be prepared, sealed, marked and

dispatched in accordance with the provisions of clause 6. A withdrawal notice may also

be sent by fax, followed by a signed confirmation copy, post marked not later than the

deadline for submission of bids.

➢ No bid may be modified subsequent to the deadline for submission of bids.

➢ No bid may be withdrawn in the interval between the deadline for submission of bids and

the expiration of period of bid validity specified by the Bidder on the bid form.

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Certified Copies/Commissioner of Oaths Certification

Where certified copies of documents are specifically required in the Bid Data or Returnable

Documents, the bidder shall submit certified copies of such documents together with its bid

submission.

Unless otherwise stated in the bid, all certified copies shall:

• Be certified by a Commissioner of Oaths;
• Be clear, legible and complete;
• Not be older than three (3) months (90 days) from the bid closing date.

Failure to submit certified copies where expressly required may render the bid non-responsive

or result in the bidder being requested to clarify or submit the required documentation, where

permitted in terms of the applicable procurement legislation, regulations and the Employer's

Supply Chain Management Policy.

Note: The Employer reserves the right to verify the authenticity of all documents submitted and

to request the originals for inspection at any stage of the procurement process. Any false

declaration or fraudulent documentation may result in disqualification, cancellation of any

award, and any other action permitted by law.

Improper Lobbying /Interference

Any prospective Bidder who is found to have lobbied an official or Councillor in respect of bid

application including any other business with Joburg City Theatres will face the following charges:

• Immediate disqualification.
• Blacklisted against any bid in future.
• Company name will be given to all Local Authorities about the conduct.”

No relaxation, indulgence or waiver granted by Joburg City Theatres to the Bidder shall in any

way operate as an estoppel against Joburg City Theatres in the exercise by it of its right

hereunder.

Requirements to Submit Proposals

➢ All schedules in this document must be populated and will form part of the quotation

➢ A completed Joburg City Theatres supplier registration application form which is available

for download from Joburg City Theatres’ website (www.joburgtheatreptyltd.co.za).

Alternatively, if the supplier is registered on the JCT database, then the service provider

need only submit all the mandatory documents with this application.

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➢ The contractor will need to provide examples /references of similar such works performed.

C. Bid opening and evaluation of bids

Opening of Bids

➢ The bidder’s names, bid modifications or withdrawals and such other details as JCT at its

discretion may consider appropriate, will be announced at the opening. No bid shall be

rejected at bid opening, except for late bids.

➢ Bids that are not opened and read out at bid opening shall not be considered further for

evaluation, irrespective of the circumstances.

Clarification of Bids

During evaluation of bids, JCT may, at its discretion, ask the Bidder for a clarification of its bid.

The request for clarification and the response shall be in writing.

Bidders will be evaluated based on the information as contained in their Submissions, and this may

be further supplemented by presentations and clarification information as may be requested from

the Bidders.

Evaluations will as far as possible be based on evaluation templates prepared by Joburg Theatre’s

evaluation committees prior to opening of Submissions. The criteria set out in the document shall

be applicable and may not be altered after the Submissions have been opened unless it is clear

that such alterations will not disadvantage any Bidder or give an unfair advantage.

Submissions will be evaluated and the Contract awarded in accordance with the SCM regulations,

MFMA, Preferential Procurement Policy Framework Act and the Preferential Procurement

Regulations 2022 and other applicable legislation, the General Conditions of Contract (GCC) and if

applicable, any other special conditions of contract.

The bid will be evaluated on the following stages:

➢ Stage 1 – Administrative Requirements

➢ Stage 2- Functionality

➢ Stage 3 – Price and special goals

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D. Award of contract

Period of Contract

The Contract shall be valid for a period of thirty-six (36) months from the date of appointment,

subject to:

• satisfactory performance by the Contractor;
• continued compliance with the terms and conditions of the Contract;
• annual performance reviews conducted by Joburg City Theatres (JCT); and
• the availability of approved budget.

The appointment of the successful Contractor shall not constitute a guarantee of any minimum

value of work or quantity of goods during the Contract Period. Work shall be commissioned on

an as-and-when-required basis through the issuance of official Purchase Orders.

The Contractor shall remain responsible for the completion of any Purchase Order or installation

project issued before the expiry of the Contract Period, including all warranty, defects liability,

and contractual obligations applicable to such work.

Any extension of the Contract Period shall be subject to the applicable legislative framework, the

Employer's Supply Chain Management Policy, satisfactory contractor performance, and the prior

written approval of Joburg City Theatres.

Acceptance of Bid

A valid and binding Contract and/or Service Level Agreement with the successful Bidder will be

concluded immediately following the time that Joburg City Theatres emails / delivers a letter of

acceptance of this bid to the Bidder.

Local Office

In order to be considered for an appointment in terms of this bid, bidders must have an office

within the Johannesburg Municipality. The address of this local office must be indicated on the

SERVICE PROVIDERS INFORMATION below and which will be regarded as the

domiciliumcitandietexecutandi for the purpose of any contract or service level agreement arising

from this bid submission.

Joburg Theatre (SOC) Ltd trading as Joburg City Theatres (JCT), an independent municipal

entity wholly owned by the City of Johannesburg Metropolitan Municipality (“COJ”), operates

in order to provide world class theatre entertainment to the citizens of Johannesburg. The

company continuously strives towards transformation from both within its core employment,

procurement and governance practices; and also its productions and audience inclusiveness.

With effect from January 1st 2013 Joburg Theatre (SOC) Ltd and Roodepoort City Theatre NPC

t/a Joburg Promusica were integrated into a single theatre management company (Joburg City

Theatres), which also institutionalised the operation of the newly established Soweto Theatre.

Joburg City Theatres uphold its vision statement: “We are the providers of the integrated

management of world class African theatre venues and a high quality, entertaining, innovative

and inclusive programme which serves the diverse communities of the City of Joburg.”

To succeed, significant increased operational efficiency is critical. That means Joburg City

Theatres must be cost efficient. Operational efficiency is important not only to cost saving, but

also to attracting and retaining theatre audiences, as the organization strives to become

responsive to customers’ needs and the market’s demands.

2. General Requirements Overview of responsibilities of the service provider’s

Joburg City Theatres (JCT) hereby invites proposals from all prospective service providers to

propose a cost-effective solution for below mentioned.

Service Providers are required to respond to this bid demonstrating that their proposed

approach and solutions are a probable fit to JCT's requirements and are required to

complete all categories as stipulated within this document. All information contained in this

bid or given by management or staff of JCT is solely for the purpose of providing Service

Providers with relevant information with which to complete and submit their proposals.

The appointed service provider will be monitored on the following basis: Timeliness of

service delivery; Quality of the service provided; Provision of services in compliance with

clearly stated specifications;

3. Intent Of the Specification

The purpose of this Specification is to define the minimum technical, functional, quality,

performance, installation, testing and commissioning requirements for the replacement of three

(3) existing chilled-water Air Handling Units (AHUs) at the Joburg Theatre.

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The Works shall include the detailed verification, engineering design, supply, delivery, removal of

existing equipment, installation, connection, testing, commissioning and handover of complete

and fully operational chilled-water AHU systems.

The replacement AHUs shall incorporate mixing-box arrangements for the controlled mixing of

fresh air and return air and shall be compatible with the existing chilled-water, ductwork,

electrical, control and building-services infrastructure.

The existing AHUs were manufactured in 1992, and original equipment information, including

rated airflow, cooling capacity, fan duty, coil-selection data and original design documentation, is

not available. Preliminary airflow and capacity estimates have therefore been developed from

the measured face areas of the existing primary G4 filters and stated engineering assumptions.

The preliminary information contained in this Specification is intended to provide a common

basis for tender pricing. The successful bidder shall verify all relevant site conditions and

undertake the detailed engineering and final equipment selection required to provide AHUs that

meet the specified operational and performance requirements.

The requirements contained in this Specification are minimum requirements and shall not

relieve the Contractor of the responsibility to provide all labour, materials, equipment, services,

technical expertise and ancillary works necessary for the complete, safe and proper execution of

the Works.

3.1. Objective

The objective of this bid is to appoint a suitably qualified and experienced service provider for

the detailed verification, design, supply, delivery, installation, testing, commissioning and

handover of three (3) replacement chilled-water AHUs at the Joburg Theatre.

The objectives of the Works are to:

a. replace the existing AHUs with new, energy-efficient and reliable equipment;

b. provide AHUs capable of achieving the verified required supply-air quantities and cooling

performance;

c. provide suitable fresh-air and return-air mixing arrangements;

d. ensure compatibility with the existing chilled-water, ductwork, electrical and control

systems;

e. improve the reliability, maintainability and operational performance of the air-

conditioning system;

f. provide appropriate filtration, cooling, heating, fan, control and safety components;

g. minimise disruption to theatre operations, performances, rehearsals, events, staff,

patrons and visitors during the execution of the Works;

h. ensure that the installation complies with applicable legislation, regulations, standards

and manufacturer requirements; and

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i. provide complete testing, commissioning, operating documentation, warranties,

maintenance information and training.

3.2. Project Information

Item Description

Employer Joburg City Theatres (JCT)

Site Joburg Theatre

Project Replacement of Existing Chilled-Water Air-Handling Units

Quantity Three (3) AHUs

Existing Equipment Existing AHUs manufactured in 1992

System Configuration Mixing-box arrangement incorporating fresh air and return air

Original airflow, cooling-capacity, and equipment-selection

Basis of Information

information is not available

3.3. Background and Existing System

Joburg City Theatres requires the replacement of three (3) existing chilled-water Air-Handling

Units (AHUs) installed at the Joburg Theatre.

The existing AHUs were manufactured in 1992. Original design information, including the

equipment schedules, rated airflow capacities, cooling-coil capacities, fan duties, and original

selection data, is not available.

In the absence of original equipment information, preliminary airflow estimates have been

developed using the measured face areas of the existing primary G4 air filters and an assumed

filter face velocity.

The information contained in this specification is provided to assist bidders in preparing their

bids. The successful bidder shall verify all relevant site conditions and perform the detailed

engineering required for the final selection, supply, installation, testing, and commissioning of

the replacement AHUs.

4.1. General

The scope of work shall include the complete verification, detailed engineering design,

supply, delivery, removal, installation, connection, testing, commissioning and handover of

three (3) new chilled-water Air-Handling Units (AHUs) to replace the existing AHUs at the

Joburg Civic Theatre.

The Works shall include all labour, supervision, engineering services, materials, equipment,

tools, plant, transport, lifting equipment, temporary works, consumables, testing equipment

and ancillary services necessary for the complete, safe and proper execution of the Works.

The Contractor shall provide complete, fully operational and integrated AHU systems,

including all associated mechanical, chilled-water, ductwork, electrical, control, structural

and ancillary works required for the successful operation of the replacement equipment.

The scope of work shall include, but shall not be limited to, the requirements set out below.

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4.2. Site Inspection and Verification

The Contractor shall inspect and verify all relevant site conditions before finalising the

detailed design, equipment selection, procurement or manufacture of the replacement

AHUs.

The Contractor shall verify:

a) the physical dimensions, configuration and condition of the existing AHUs;

b) the available installation, access, delivery, lifting and equipment-removal routes;

c) the existing supply-air, return-air, fresh-air and exhaust-air arrangements;

d) the existing ductwork sizes, connections, routing, condition and available space

for modifications;

e) the existing chilled-water pipe sizes, connection points, supply and return

temperatures, available flow rates and differential pressure;

f) the existing electrical supply, distribution arrangements, available capacity and

connection points;

g) the existing control systems, control interfaces and building-management-system

requirements;

h) the existing structural supports, equipment bases, plinths and floor-loading

capacity;

i) the available maintenance and service-access clearances; and

j) any site condition that may affect the design, selection, installation, programme,

cost or performance of the Works.

The Contractor shall promptly notify the Employer in writing of any material discrepancy,

obstruction, constraint or condition that may affect the execution of the Works.

4.3. Detailed Engineering Design and Equipment Selection

The Contractor shall be responsible for the detailed engineering design and final selection of

the replacement AHUs.

The Contractor shall:

a) verify the required supply-air, return-air and fresh-air quantities;

b) verify the required external and total static pressures;

c) assess the existing ductwork system and determine the associated pressure

losses;

d) perform detailed cooling-load calculations;

e) determine the required sensible and latent cooling capacities;

f) verify the indoor and outdoor design conditions;

g) verify the required supply-air temperature and humidity conditions;

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h) verify the fresh-air and return-air proportions;

i) verify the chilled-water supply and return temperatures, available water flow and

differential pressure;

j) select chilled-water cooling coils based on verified air-side and water-side

operating conditions;

k) determine the required electric-heating capacity, where applicable;

l) select fans and motors capable of achieving the verified airflow at the required

total static pressure;

m) determine the required motor ratings and verify electrical supply capacity;

n) select suitable air filters, mixing arrangements, dampers, actuators, controls and

safety devices;

o) verify compatibility with the existing ductwork, chilled-water, electrical and

control systems; and

p) submit the final design and equipment-selection information to the Employer for

review and approval before procurement or manufacture.

4.4. Supply and Delivery of Replacement AHUs

The Contractor shall supply and deliver three (3) new chilled-water AHUs complete with all

components required for safe, efficient and reliable operation.

Each AHU shall include, as applicable:

a) insulated, rigid and corrosion-resistant casings;

b) fresh-air, return-air and mixed-air sections;

c) mixing-box arrangements incorporating suitable control dampers and actuators;

d) accessible air-filtration sections;

e) chilled-water cooling coils;

f) electric-heating coils or other approved heating arrangements, where required;

g) suitably sized condensate drain pans and drain connections;

h) high-efficiency supply fans and motors;

i) variable-speed drives, where required;

j) vibration-isolation arrangements;

k) flexible duct and pipe connections, where required;

l) control valves, dampers, actuators, sensors and associated control equipment;

m) electrical isolators, protection devices and control panels, where required;

n) safety and protective devices;

o) access doors and inspection panels; and

p) all ancillary equipment required for complete and reliable operation.

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All equipment shall be new, unused, fit for purpose and selected in accordance with the

verified site conditions and approved technical submissions.

4.5. Removal and Disposal of Existing AHUs

The Contractor shall:

a) coordinate all shutdowns, isolations and removal activities with the Employer;

b) safely isolate the existing AHUs from the chilled-water, electrical, control and

ductwork systems;

c) disconnect and remove the existing AHUs and associated redundant equipment;

d) provide all required lifting equipment, handling equipment, temporary supports

and removal arrangements;

e) protect the building structure, finishes, theatre equipment and existing services

during removal activities;

f) remove redundant pipework, ductwork, electrical equipment and associated

materials where required;

g) transport removed equipment and waste materials from the site;

h) dispose of waste materials at approved and legally compliant disposal facilities;

and

i) make good any damage caused as a result of the removal activities.

No existing equipment shall be removed before the Employer has approved the proposed

shutdown, isolation and removal arrangements.

4.6. Installation of Replacement AHUs

The Contractor shall install the replacement AHUs in the approved locations and in

accordance with the approved drawings, manufacturer requirements and applicable

standards.

The installation shall include:

a) preparation or modification of equipment bases, plinths and structural supports;

b) provision of suitable vibration isolators and anti-vibration mountings;

c) positioning, levelling and alignment of the AHUs;

d) secure fixing and support of all equipment;

e) provision of adequate access for inspection, operation, maintenance and

component replacement;

f) installation of access doors, inspection panels and maintenance clearances;

g) installation of flexible duct and pipe connections, where required;

h) sealing of all equipment and ductwork connections;

i) installation of all associated mechanical, electrical and control components; and

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Note: The Employer reserves the right to verify the authenticity of all documents submitted and

to request the originals for inspection at any stage of the procurement process. Any false

declaration or fraudulent documentation may result in disqualification, cancellation of any

award, and any other action permitted by law.

performance, installation, testing and commissioning requirements for the replacement of three

(3) existing chilled-water Air Handling Units (AHUs) at the Joburg Theatre.

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existing equipment, installation, connection, testing, commissioning and handover of complete

and fully operational chilled-water AHU systems.

the detailed verification, design, supply, delivery, installation, testing, commissioning and

handover of three (3) replacement chilled-water AHUs at the Joburg Theatre.

bids. The successful bidder shall verify all relevant site conditions and perform the detailed

engineering required for the final selection, supply, installation, testing, and commissioning of

the replacement AHUs.

4. Scope of work

4.1. General

supply, delivery, removal, installation, connection, testing, commissioning and handover of

three (3) new chilled-water Air-Handling Units (AHUs) to replace the existing AHUs at the

tools, plant, transport, lifting equipment, temporary works, consumables, testing equipment

and ancillary services necessary for the complete, safe and proper execution of the Works.

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4.2. Site Inspection and Verification

a) insulated, rigid and corrosion-resistant casings;

b) fresh-air, return-air and mixed-air sections;

c) mixing-box arrangements incorporating suitable control dampers and actuators;

d) accessible air-filtration sections;

e) chilled-water cooling coils;

f) electric-heating coils or other approved heating arrangements, where required;

g) suitably sized condensate drain pans and drain connections;

h) high-efficiency supply fans and motors;

i) variable-speed drives, where required;

j) vibration-isolation arrangements;

k) flexible duct and pipe connections, where required;

l) control valves, dampers, actuators, sensors and associated control equipment;

m) electrical isolators, protection devices and control panels, where required;

n) safety and protective devices;

o) access doors and inspection panels; and

p) all ancillary equipment required for complete and reliable operation.

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a) preparation or modification of equipment bases, plinths and structural supports;

b) provision of suitable vibration isolators and anti-vibration mountings;

c) positioning, levelling and alignment of the AHUs;

d) secure fixing and support of all equipment;

e) provision of adequate access for inspection, operation, maintenance and

component replacement;

f) installation of access doors, inspection panels and maintenance clearances;

g) installation of flexible duct and pipe connections, where required;

h) sealing of all equipment and ductwork connections;

i) installation of all associated mechanical, electrical and control components; and

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Provide a current or latest Municipal Rates and Taxes invoice for the Tenderer’s

office/premises (not in arrears for more than 90 days) or

certified lease agreement together with the utility bill statement (payments made

according to the lease agreement) (not in arrears for more than 90 days)

NB: Where the Tenderer operates from their residential address (where they live),

an affidavit confirming this arrangement must be provided. Please note the

address should be the same as the one disclosed in the CSD or CIPC

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Provide Municipal Rates and Taxes Invoice for All the Directors (as per CIPC

document) of the Company OR Original Certified Copy of Lease Agreement and

statement of accounts OR Affidavit Certified by the SAPS only if business is

conducted in director’s premises. (Not in arrears for more than 90 days)

separate annexure.

➢ This tender document, together with associated forms and annexures, may NOT be retyped

or re-drafted.

➢ This tender document, together with associated forms and annexures, may NOT be filled in

by means of mechanical devices. A black ink pen should be used to fill in this tender

document.

➢ Bidders should check the numbers of the pages and satisfy themselves that none are missing

or duplicated. No liability shall be accepted in regard to claims arising from the fact that pages

are missing or duplicated

➢ The tender price shall be open for acceptance for a period of at least 120

➢ calendar days after the closing date of the tender. It should be noted that Tenderers may

offer a shorter validity period, but their bid may in that event, be disregarded for such a

reason. Tenderers shall clearly state whether or not prices will remain firm for the duration

of the contract. Only firm prices will be accepted. Non-firm prices (including prices subject to

rates of exchange of variations) will not be considered. In cases where different delivery

points influence the pricing, a separate pricing schedule must be submitted for each delivery

point.

➢ Failure to have the Price declaration of this tender document signed by a duly authorized

person will constitute non-commitment by the bidder of the tender price, and the bid will be

invalidated.

➢ All prices shall be quoted in South African currency and be VAT inclusive.

➢ JCT reserves the right to only accept part of the submitted bid by a supplier.

➢ JCT reserves the right to withdraw this tender.

➢ Unless specifically provided for in the tender document, no tenders will be considered if

submitted or transmitted by telegram, telex, facsimile, e-mail or similar apparatus.

➢ It should be noted that JCT reserves the right to accept or reject any tender proposal without

being obliged to give any reasons in this respect.

➢ The bidder’s company letterhead must be used for the proposal’s cover letter and reflect the

company name, address and contact details.

➢ The correct Tender reference number (See the front page of this BID for the Tender Number)

must be quoted and the bidding company’s name must appear on all pages of the proposal.

➢ Responsiveness criteria of submissions : No Tender will be considered by JCT unless it meets

the following responsiveness criteria:

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a. The Tender must be properly received in a sealed envelope clearly indicating the

description of the service or goods and the Tender number for which the Tender is

submitted.

b. The Tender must be deposited in the relevant Tender box as indicated on the notice

of the Tender on or before the closing date and time of the Tender.

c. The official Tender document must be fully completed in black ink pen. Where

information requested does not apply to the Tenderer and the space is left blank, it

will be deemed to be not applicable.

d. All requested relevant and/or additional documentation must be submitted with the

e. The Tenderer must be in good standing to do business with the public sector in terms

of Regulation 38 of the Supply Chain Management Regulations (Government Gazette

May 2005).

f. Complies with the requirements of the Specification.

g. Adheres to Pricing Instructions.

h. Complies in full and observes the requirements of the Notice to Tenderers (if

applicable).

i. In addition to the terms and conditions stipulated in this document, for the Tender

to be considered responsive, the Tenderer must submit the following Tender

information:

➢ A fully completed and signed Tender Form;

➢ The Tenderer’s Details;

➢ The necessary document authorising the Representative to sign and submit the

Tender on the Tenderer’s behalf;

➢ The Declaration by Tenderer

➢ The Tenderer shall supply all the price information required in the price schedule, failure

to do so shall invalidate the Tender.

➢ No claim for price escalation will be considered unless it is specifically stated that this

basis for tender pricing. The successful bidder shall verify all relevant site conditions and

undertake the detailed engineering and final equipment selection required to provide AHUs that

meet the specified operational and performance requirements.

a) the physical dimensions, configuration and condition of the existing AHUs;

b) the available installation, access, delivery, lifting and equipment-removal routes;

c) the existing supply-air, return-air, fresh-air and exhaust-air arrangements;

d) the existing ductwork sizes, connections, routing, condition and available space

for modifications;

e) the existing chilled-water pipe sizes, connection points, supply and return

temperatures, available flow rates and differential pressure;

f) the existing electrical supply, distribution arrangements, available capacity and

connection points;

g) the existing control systems, control interfaces and building-management-system

requirements;

h) the existing structural supports, equipment bases, plinths and floor-loading

capacity;

i) the available maintenance and service-access clearances; and

j) any site condition that may affect the design, selection, installation, programme,

cost or performance of the Works.

contractor grading designation of 3ME or higher

valid Tax Clearance Certificate

TAX COMPLIANCE STATUS TCS PIN: CSD No

Tax compliance requirements

Tax compliance status (tcs) certificate or pin may also be made via e

Tax compliance status system pin code from the south african revenue service (SARS) and if not

TCS PIN: CSD No

Csd number

Csd number must be provided

Central supplier database

VAT registration certificate

Joint Venture Agreement showing clearly the percentage

Please use the checklist to confirm that all required documents have been

MBD 1 -Invitation to Bid

MBD 2 -Tax Clearance Certificate Requirements

MBD4- Declaration of Interest

MBD 6.1- Preference Points Claim Form in terms of PPPFA 2022 regulations

MBD 8- Declaration of Bidder’s Past Supply Chain Management Practices

MBD9- Certificate of Independent Bid Determination

Provide proof of current and valid SARS Tax Pin and VAT registration certificate.

Provide a National Treasury Centralised Supplier Database (CSD) registration

certified lease agreement together with the utility bill statement (payments made

according to the lease agreement) (not in arrears for mo

Letter of good standing from the Compensation Fund or a licensed compensation

insurer as contemplated in the Compensation for Occupational Injuries and

Disease (COIDA) Act No. .

Provide Certified copies of South African Identity Documents or Valid Passports of

Qualifications and experience of key personnel

2. Tax compliance requirements

2.3 Application for the tax compliance status (tcs) certificate or pin may also be made via e

B-BBEE Details: e of Independent Bid Determination

Additional Documents to be provided by the Bidder and attached to his/her tender

Provides proof of its entity’s registration documentation (e.g., CIPC) indicating the

date of registration/incorporation, and a list of directors, partners, and members

and share certificates

Provide proof of current and valid SARS Tax Pin and VAT registration certificate.

Provide rationale if not VAT registered.

Provide a National Treasury Centralised Supplier Database (CSD) registration

summary report (report should not be older than 30 days)

Provide a Valid certified copy of B-BBEE certificate / In the case of EME’s a Sworn

Affidavit on DTI template.

Provide a current or latest Municipal Rates and Taxes invoice for the Tenderer’s

office/premises (not in arrears for more than 90 days) or

Where a bidder does not own the premises, they reside in, they must provide a

certified lease agreement together with the utility bill statement (payments made

according to the lease agreement) (not in arrears for more than 90 days)

NB: Where the Tenderer operates from their residential address (where they live),

an affidavit confirming this arrangement must be provided. Please note the

address should be the same as the one disclosed in the CSD or CIPC

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Provide Municipal Rates and Taxes Invoice for All the Directors (as per CIPC

document) of the Company OR Original Certified Copy of Lease Agreement and

statement of accounts OR Affidavit Certified by the SAPS only if business is

conducted in director’s premises. (Not in arrears for more than 90 days)

Current audited annual financial statements, where the bidder is legally required

to have its annual financial statements audited; or Where the bidder is not legally

required to prepare audited annual financial sta

appended by the bidder to this Schedule ............ (If nil, enter NIL)

Signed _________________________ Date___________________

Name __________________________ Position ________________

Checklist

Bid NO: ____________________

➢ Failure to submit completed documents with the tender proposal may invalidate the tender

proposal.

➢ Failure to submit a valid BBBEE Certificate will result in zero preference points being awarded

for BBBEE.

➢ Tender forms contained within the Tender Document requesting information have been

drawn up so that certain essential information is furnished in a specific manner and format.

way operate as an estoppel against Joburg City Theatres in the exercise by it of its right

hereunder.

essential services executed if an emergency arises, the supplier’s point of supply is not

situated at or near the place where the supplies are required, or the supplier’s services

are not readily available.

6. Except as provided under GCC clause 3.25, a delay by the supplier in the performance of

its delivery obligations shall procure the supplier liable to the imposition of penalties,

pursuant to GCC clause 3.22, unless an extension of time is agreed upon pursuant to GCC

clause 3.21.2 without the application of penalties.

➢ All successful Tenderers, Tendering on items where labour and/or equipment are

included, shall enter into an agreement with JCT, indemnifying JCT from the provisions of

the Occupational Health and Safety Act (.

➢ The Contractor is to ensure compliance with the provisions of the Occupational Health

and Safety Act () & all relevant regulations, inclusive of all its employees &

other Contractors on the site. The Tenderer shall provide a suitable health and safety

plan appropriate for the contract tendered for.

➢ The Contractor shall comply with all laws relating to wages and conditions generally

governing the employment of labour.

Workmen’s Compensation

Requirements

1. Background

Joburg Theatre (SOC) Ltd trading as Joburg City Theatres (JCT), an independent municipal

entity wholly owned by the City of Johannesburg Metropolitan Municipality (“COJ”), operates

in order to provide world class theatre entertainment to the citizens of Johannesburg. The

company continuously strives towards transformation from both within its core employment,

procurement and governance practices; and also its productions and audience inclusiveness.

With effect from January 1st 2013 Joburg Theatre (SOC) Ltd and Roodepoort City Theatre NPC

t/a Joburg Promusica were integrated into a single theatre management company (Joburg City

Theatres), which also institutionalised the operation of the newly established Soweto Theatre.

Joburg City Theatres uphold its vision statement: “We are the providers of the integrated

management of world class African theatre venues and a high quality, entertaining, innovative

and inclusive programme which serves the diverse communities of the City of Joburg.”

a) verify the required supply-air, return-air and fresh-air quantities;

b) verify the required external and total static pressures;

c) assess the existing ductwork system and determine the associated pressure

losses;

d) perform detailed cooling-load calculations;

e) determine the required sensible and latent cooling capacities;

f) verify the indoor and outdoor design conditions;

g) verify the required supply-air temperature and humidity conditions;

of 117

h) verify the fresh-air and return-air proportions;

i) verify the chilled-water supply and return temperatures, available water flow and

differential pressure;

j) select chilled-water cooling coils based on verified air-side and water-side

operating conditions;

k) determine the required electric-heating capacity, where applicable;

l) select fans and motors capable of achieving the verified airflow at the required

total static pressure;

m) determine the required motor ratings and verify electrical supply capacity;

n) select suitable air filters, mixing arrangements, dampers, actuators, controls and

safety devices;

o) verify compatibility with the existing ductwork, chilled-water, electrical and

control systems; and

p) submit the final design and equipment-selection information to the Employer for

review and approval before procurement or manufacture.

4.4. Supply and Delivery of Replacement AHUs

The Contractor shall supply and deliver three (3) new chilled-water AHUs complete with all

components required for safe, efficient and reliable operation.

a) coordinate all shutdowns, isolations and removal activities with the Employer;

b) safely isolate the existing AHUs from the chilled-water, electrical, control and

ductwork systems;

c) disconnect and remove the existing AHUs and associated redundant equipment;

d) provide all required lifting equipment, handling equipment, temporary supports

and removal arrangements;

e) protect the building structure, finishes, theatre equipment and existing services

during removal activities;

f) remove redundant pipework, ductwork, electrical equipment and associated

materials where required;

g) transport removed equipment and waste materials from the site;

h) dispose of waste materials at approved and legally compliant disposal facilities;

and

i) make good any damage caused as a result of the removal activities.

➢ The supplier warrants that the goods supplied under the contract are new, unused, of the

most recent or current models and that they incorporate all recent improvements in design

and materials unless provided otherwise in the contract. The supplier further warrants that

all goods supplied under this contract shall have no defect, arising from design, materials, or

workmanship (except when the design and/or material is required by JCT’s specifications) or

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from any act or mission of the supplier, that may develop under normal use of the supplied

goods in the conditions prevailing in the country of final destination.

➢ Provide a 5-year manufacturer’s warranty covering defects in materials and workmanship

excluding normal wear and tear.

➢ This warranty shall remain after the goods, or any portion thereof as the case may be, have

been delivered to and accepted at the final destination indicated in the contract.

➢ JCT shall promptly notify the supplier in writing of any claims arising under this warranty.

➢ Upon receipt of such notice, the supplier shall, with the period specified and with all

reasonable speed, repair or replace the defective goods or parts thereof, without costs to JCT.

➢ If the supplier, having been notified, fails to remedy the defect(s) within the period specified,

JCT may proceed to take such remedial action as may be necessary, at the supplier’s risk and

expense and without prejudice to any other rights which JCT may have against the supplier

under the contract.

Contract Amendments

No variation in or modification of the terms of the contract shall be made except by written

amendment signed by the parties concerned.

Enhancement in Rates

The tender rates shall be taken to be firm and the supplier shall not be entitled to any price

variation or escalation.

Assignment

The supplier shall not assign, in whole or in part, its obligations to perform under the contract,

except with JCT’s prior written consent.

Delays in the Supplier’s Performance

1. Delivery of the goods and performance of services shall be made by the supplier in

accordance with the time schedule prescribed by JCT in the contract.

2. If at any time during performance of the contract, the supplier or its subcontractor(s)

should encounter conditions impeding timely delivery of the goods and performance of

services, the supplier shall promptly notify JCT in writing of the fact of the delay, its likely

duration and its cause(s).

3. As soon as practicable after receipt of the supplier’s notice, JCT shall evaluate the situation

and may at its discretion extend the supplier’s time for performance, with or without the

imposition of penalties, in which case the extension shall be ratified by the parties by

amendment of contract.

4. No provision in a contract shall be deemed to prohibit the obtaining of supplies or services

from a national department, provincial department, or local authority.

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5. The right is reserved to procure outside of the contract small quantities or to have minor

essential services executed if an emergency arises, the supplier’s point of supply is not

situated at or near the place where the supplies are required, or the supplier’s services

are not readily available.

6. Except as provided under GCC clause 3.25, a delay by the supplier in the performance of

its delivery obligations shall procure the supplier liable to the imposition of penalties,

pursuant to GCC clause 3.22, unless an extension of time is agreed upon pursuant to GCC

clause 3.21.2 without the application of penalties.

7. Upon any delay beyond the delivery period in the case of a supplies contract, JCT shall,

without cancelling the contract, be entitled to purchase supplies of a similar quality and

up to the same quantity in substitution of the goods not supplied in conformity with the

contract and to return any goods delivered later at the supplier’s expense and risk, or to

cancel the contract and buy such goods as may be required to complete the contract and

without prejudice to his other rights, be entitled to claim damages from the supplier.

Penalties

Subject to GCC clause 3.25, if the supplier fails to deliver any or all of the goods or to perform the

services within the period(s) specified in the contract, JCT shall, without prejudice to its other

remedies under the contract, deduct from the contract price, as a penalty, a sum calculated on the

delivered price of the delayed goods or unperformed services using the current prime interest rate

calculated for each day of the delay until actual delivery or performance. JCT may also consider

termination of the contract pursuant to GCC clause 3.23.

➢ The Contractor agrees that the occupational use of JCT’s premises and buildings shall be

at his own risk, and that he acknowledges the risks and dangers inherent therein.

➢ The Contractor furthermore acknowledges that JCT and / or its employees shall not be

liable or responsible for any loss, liability, damages, accident or injury, whether fatal or

otherwise, of whatsoever nature and howsoever arising, whether directly from the

permission granted by JCT to execute certain events or otherwise, including but not

limited to, the use of the premises and / or buildings, and indemnifies JCT and/or its

employees against all and any loss of / or damage to property, or injury or death, and any

claim for such loss, damage, injury or death, from any cause whatsoever and howsoever

arising, which may be suffered in this regard.

➢ The Contractor and / or its officers, employees, agents, concessionaires, suppliers,

Contractors or customers shall not have any claim of any nature against the JCT for any

loss, damage, injury or death which any of them may directly or indirectly suffer (whether

or not such loss, damage, injury or death is caused through negligence of JCT or its agents

or employees) or for:

➢ any latent or patent defect in the premises;

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➢ a fire on the premises;

➢ a theft from the premises;

➢ the Premises or any part thereof being in a defective condition or state of disrepair;

➢ force majeure of causus fortuitus or any other cause either wholly or partly beyond

the JCT’s control;

➢ the use of the services offered on the premises;

➢ consequential loss howsoever caused;

➢ any loss or damage whether to persons or property caused by riots, civil commotion,

insurrection or actions taken by the Contractor or JCT to mitigate the effect of / or

prevent the aforesaid; and any other cause whatsoever.

➢ Save for any willful acts or omission or gross negligence by JCT, its officers, employees,

agents, concessionaires, suppliers and Contractors, the Contractor indemnifies JCT and

holds it harmless from and against all claims, actions, damages, liability and expense in

connection with loss of life, personal injury and / or damage to property arising from or

out of any occurrence in, upon or at the premises or the occupancy or use by the

Contractor of the premises.

Insurance

➢ Without limiting the obligations of the Contractor in terms of this Agreement, the

Contractor shall effect and maintain the following insurances, covering:

✓ Public liability insurances, in the name of the Contractor, covering the Contractor

and JCT against liability for the death of / or injury to any person, or loss of / or

damage to any property, arising out of / or in the course of this agreement.

✓ The Lessee shall insure all its own possessions and equipment kept on the

premises, in its own name.

➢ In the case of an occurrence giving rise to claim (and in accordance with the directives of

the insurer), the Contractor shall proceed in the following manner:

✓ Over and above any statutory and / or other requirements contained in the

conditions of this agreement, JCT must immediately be notified telephonically

(and confirmed by means of a telefax or email ) of the circumstances, nature and

estimate of the loss or damage; and

✓ Any claim settlement shall be subject to the approval of both JCT and the

Contractor.

✓ JCT reserves the right to make enquiries regarding the cause and result of any

such occurrence giving rise to a claim, and the Contractor shall assist JCT in this

regard.

✓ All insurance must remain in force for the duration of this agreement.

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✓ Should the Contractor fail to arrange insurance or to maintain it, JCT shall be

entitled to arrange for such insurance and to maintain it, and pay the premiums,

as may be necessary. Amounts for this purpose will be paid by JCT as a debt of

Contractor.

✓ The Contractor hereby guarantees that it shall make the necessary submissions of

insurance to the satisfaction of JCT after awarding/acceptance of this contract, as

proof that the required insurances exist and that it will comply with all terms,

requirements and conditions in respect of insurance applicable to this agreement.

Compliance with Legislature

➢ All successful Tenderers, Tendering on items where labour and/or equipment are

included, shall enter into an agreement with JCT, indemnifying JCT from the provisions of

the Occupational Health and Safety Act (.

➢ The Contractor is to ensure compliance with the provisions of the Occupational Health

and Safety Act () & all relevant regulations, inclusive of all its employees &

other Contractors on the site. The Tenderer shall provide a suitable health and safety

plan appropriate for the contract tendered for.

➢ The Contractor shall comply with all laws relating to wages and conditions generally

governing the employment of labour.

Workmen’s Compensation

The Tenderer shall, prior to commencement of any work on site in terms hereof, give written

proof that he is registered as an employer in terms of Section 80 of the Compensation for

Occupational Injuries and Diseases Act, and the Tenderer shall remain registered as

such for the duration of the contract awarded and shall pay all monies due to the

Compensations Fund in terms of Section 15 of Act . Failure to comply will result in

the Tenderer being disqualified.

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Section 2

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Background, objective and scope of

MBD 2 -Tax Clearance Certificate Requirements

MBD3.1 - Pricing and Delivery Schedule

MBD4- Declaration of Interest

MBD 6.1- Preference Points Claim Form in terms of PPPFA 2022 regulations

MBD 8- Declaration of Bidder’s Past Supply Chain Management Practices

MBD9- Certificate of Independent Bid Determination

including terminating any associated proceedings at any time, without prior notice to the bidders

and without liability to compensate or reimburse any person in relation thereto.

Joburg City Theatres' reserves the right to accept or reject any of the proposals submitted; and

shall be under no obligation or bound to do so.

Joburg City Theatres reserves the right to adopt any submission by any Bidder(s) and to include

information therein into other procurement documentation of Joburg City Theatres without

compensation to the authors of such information.

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project issued before the expiry of the Contract Period, including all warranty, defects liability,

and contractual obligations applicable to such work.

domiciliumcitandietexecutandi for the purpose of any contract or service level agreement arising

from this bid submission.

Warranty

➢ The supplier warrants that the goods supplied under the contract are new, unused, of the

most recent or current models and that they incorporate all recent improvements in design

and materials unless provided otherwise in the contract. The supplier further warrants that

all goods supplied under this contract shall have no defect, arising from design, materials, or

workmanship (except when the design and/or material is required by JCT’s specifications) or

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from any act or mission of the supplier, that may develop under normal use of the supplied

goods in the conditions prevailing in the country of final destination.

➢ Provide a 5-year manufacturer’s warranty covering defects in materials and workmanship

excluding normal wear and tear.

➢ This warranty shall remain after the goods, or any portion thereof as the case may be, have

been delivered to and accepted at the final destination indicated in the contract.

➢ JCT shall promptly notify the supplier in writing of any claims arising under this warranty.

➢ Upon receipt of such notice, the supplier shall, with the period specified and with all

reasonable speed, repair or replace the defective goods or parts thereof, without costs to JCT.

➢ If the supplier, having been notified, fails to remedy the defect(s) within the period specified,

JCT may proceed to take such remedial action as may be necessary, at the supplier’s risk and

expense and without prejudice to any other rights which JCT may have against the supplier

under the contract.

Subject to GCC clause 3.25, if the supplier fails to deliver any or all of the goods or to perform the

services within the period(s) specified in the contract, JCT shall, without prejudice to its other

remedies under the contract, deduct from the contract price, as a penalty, a sum calculated on the

delivered price of the delayed goods or unperformed services using the current prime interest rate

calculated for each day of the delay until actual delivery or performance. JCT may also consider

termination of the contract pursuant to GCC clause 3.23.

Indemnity

➢ The Contractor agrees that the occupational use of JCT’s premises and buildings shall be

at his own risk, and that he acknowledges the risks and dangers inherent therein.

➢ The Contractor furthermore acknowledges that JCT and / or its employees shall not be

liable or responsible for any loss, liability, damages, accident or injury, whether fatal or

otherwise, of whatsoever nature and howsoever arising, whether directly from the

permission granted by JCT to execute certain events or otherwise, including but not

limited to, the use of the premises and / or buildings, and indemnifies JCT and/or its

employees against all and any loss of / or damage to property, or injury or death, and any

claim for such loss, damage, injury or death, from any cause whatsoever and howsoever

arising, which may be suffered in this regard.

➢ The Contractor and / or its officers, employees, agents, concessionaires, suppliers,

loss, damage, injury or death which any of them may directly or indirectly suffer (whether

or not such loss, damage, injury or death is caused through negligence of JCT or its agents

or employees) or for:

➢ any latent or patent defect in the premises;

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➢ a fire on the premises;

➢ a theft from the premises;

➢ the Premises or any part thereof being in a defective condition or state of disrepair;

➢ force majeure of causus fortuitus or any other cause either wholly or partly beyond

the JCT’s control;

➢ the use of the services offered on the premises;

➢ consequential loss howsoever caused;

➢ any loss or damage whether to persons or property caused by riots, civil commotion,

insurrection or actions taken by the Contractor or JCT to mitigate the effect of / or

prevent the aforesaid; and any other cause whatsoever.

➢ Save for any willful acts or omission or gross negligence by JCT, its officers, employees,

agents, concessionaires, suppliers and Contractors, the Contractor indemnifies JCT and

holds it harmless from and against all claims, actions, damages, liability and expense in

connection with loss of life, personal injury and / or damage to property arising from or

out of any occurrence in, upon or at the premises or the occupancy or use by the

✓ Public liability insurances, in the name of the Contractor, covering the Contractor

and JCT against liability for the death of / or injury to any person, or loss of / or

damage to any property, arising out of / or in the course of this agreement.

✓ The Lessee shall insure all its own possessions and equipment kept on the

premises, in its own name.

➢ In the case of an occurrence giving rise to claim (and in accordance with the directives of

the insurer), the Contractor shall proceed in the following manner:

✓ Over and above any statutory and / or other requirements contained in the

conditions of this agreement, JCT must immediately be notified telephonically

(and confirmed by means of a telefax or email ) of the circumstances, nature and

estimate of the loss or damage; and

✓ Any claim settlement shall be subject to the approval of both JCT and the

✓ JCT reserves the right to make enquiries regarding the cause and result of any

such occurrence giving rise to a claim, and the Contractor shall assist JCT in this

regard.

✓ All insurance must remain in force for the duration of this agreement.

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✓ Should the Contractor fail to arrange insurance or to maintain it, JCT shall be

entitled to arrange for such insurance and to maintain it, and pay the premiums,

as may be necessary. Amounts for this purpose will be paid by JCT as a debt of

✓ The Contractor hereby guarantees that it shall make the necessary submissions of

insurance to the satisfaction of JCT after awarding/acceptance of this contract, as

proof that the required insurances exist and that it will comply with all terms,

requirements and conditions in respect of insurance applicable to this agreement.

a. replace the existing AHUs with new, energy-efficient and reliable equipment;

b. provide AHUs capable of achieving the verified required supply-air quantities and cooling

performance;

c. provide suitable fresh-air and return-air mixing arrangements;

d. ensure compatibility with the existing chilled-water, ductwork, electrical and control

systems;

e. improve the reliability, maintainability and operational performance of the air-

conditioning system;

f. provide appropriate filtration, cooling, heating, fan, control and safety components;

g. minimise disruption to theatre operations, performances, rehearsals, events, staff,

patrons and visitors during the execution of the Works;

h. ensure that the installation complies with applicable legislation, regulations, standards

and manufacturer requirements; and

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i. provide complete testing, commissioning, operating documentation, warranties,

maintenance information and training.

3.2. Project Information