How will bids be evaluated?

{ "general": [ "Tenderer must have a firm intention and capacity to proceed with the contract.", "Tenderer must not be restricted or debarred from doing business with SM or any government entity.", "Tenderer must not have been found guilty of contravening the Competition Act or other relevant legislation.", "Tenderer must not be an advisor or consultant to SM with a conflict of interest." ], "experience": [ "Minimum of 2 successfully completed Strategic Planning Session facilitation projects (proof required).", "Higher scores for more projects (up to 5 or more)." ], "keyPersonnel": [ "Lead Facilitator must have a Degree (15 points) or Diploma (10 points) in Developmental Studies, Urban/Regional Planning, Natural Sciences, Sociology, Public Administration, Law, Town Planning, Project Management, Finance, or Accounting.", "Minimum years of facilitation experience: 10+ years (15 points), 6-9 years (10 points), 5 years (5 points), or less than 5 years (0 points)." ], "methodology": [ "Detailed facilitation methodology aligned with the responsibilities outlined in the specifications (35 points)." ], "locality": [ "Preference points for tenderers domiciled in Senqu Local Municipality (10 points), Joe Gqabi District Municipality (5 points), Eastern Cape District Municipality (2 points), or outside Eastern Cape (0 points)." ], "B-BBEE": [ "Preference points for historically disadvantaged persons (10 points)." ], "functionality": [ "Minimum qualifying score of 75 out of 100 for functionality (Experience: 35 points, Key Competences: 30 points, Methodology: 35 points)." ] }

What are the technical specifications?

and any drawings and documents or parts thereof, which may be incorporated by reference into the above listed Parts. Deviations from and amendments to the documents listed in the conditions of tender and any addenda thereto as listed in the returnable schedules as well as any changes to the terms of the offer agreed by the tenderer and the employer during this process of offer and acceptance, are contained in the schedule of deviations attached to and forming part of this form of offer and acceptance. No amendments to or deviations from said documents are valid unless contained in this schedule. The tenderer shall within two weeks after receiving a completed copy of this agreement, including the schedule of deviations (if any), contact the employer to arrange the delivery of any securities, bonds, guarantees, proof of insurance and any other documents to be provided in terms of the conditions of contract as supplemented by the special conditions of contract. Failure to fulfil any of these obligations in accordance with those terms shall constitute a repudiation of this agreement. Notwithstanding anything contained herein, this agreement comes into effect on the date when the parties have signed the table below and confirms receipt from the employer of one fully completed original copy of this agreement, including the schedule of deviations (if any). The tenderer (now contractor) shall within five working days of the agreement coming into effect notify the employer in writing of any reason why he cannot accept the contents of this agreement as a complete and accurate memorandum thereof, failing which the agreement presented to the contractor shall constitute the binding contract between the parties. Signature (s) Name(s) Capacity For the Employer Date Name and Address of the Employer Name and signature of witness Date P a g e | 27 Form of Offer and Acceptance Bid -2027T Schedule of Deviations N/A Notes: 1. The extent of deviations from the tender documents issued by the employer before the tender closing date is limited to those permitted in terms of the conditions of tender. 2. A tenderer's covering letter shall not be included in the final contract document. Should any matter in such letter, which constitutes a deviation as aforesaid, become the subject of agreements reached during the process of offer and acceptance, the outcome of such agreement shall be recorded here. 3. Any other matter arising from the process of offer and acceptance either as a confirmation, clarification or change to the tender documents and which it is agreed by the Parties becomes an obligation of the contract shall also be recorded here. 4. Any change or addition to the tender documents arising from the above agreements and recorded here, shall also be incorporated into the final draft of the Contract. 1 Subject Details 2 Subject Details 3 Subject Details 4 Subject Details 5 Subject Details By the duly authorised representatives signing this agreement, the employer and the tenderer agree to and accept the foregoing schedule of deviations as the only deviations from and amendments to the documents listed in the conditions of tender and addenda thereto as listed in the returnable schedules, as well as any confirmation, clarification or changes to the terms of the offer agreed by the tenderer and the employer during this process of offer and acceptance. It is expressly agreed that no other matter whether in writing, oral communication or implied during the period between the issue of the tender documents and the receipt by the tenderer of a completed signed copy of this Agreement shall have any meaning or effect in the contract between the parties arising from this agreement. P a g e | 28 Form of Offer and Acceptance Bid -2027T (6) PRICE SCHEDULE Bid specifications may not make any reference to any particular trade mark, name, patent, design, type, specific origin or producer, unless there is no other sufficiently precise or intelligible way of describing the characteristics of the work, in which case such reference must be accompanied by the words “or equivalent”. TENDERERS MUST NOTE THAT WHEREVER THIS DOCUMENT REFERS TO ANY PARTICULAR TRADE MARK, NAME, PATENT, DESIGN, TYPE, SPECIFIC ORIGIN OR PRODUCER, SUCH REFERENCE SHALL BE DEEMED TO BE ACCOMPANIED BY THE WORDS ‘OR EQUIVALENT” Pricing Instructions: Pricing Instructions mean the criteria as set out below, read together with all Parts of this contract document, which it will be assumed in the contract, that the tenderer has taken into account when developing his prices. 6.1 State the rates and prices in Rand unless instructed otherwise in the tender conditions. 6.2 Include in the rates, prices, and the tendered total of the prices (if any) all duties, taxes (except Value Added Tax (VAT), and other levies payable by the successful tenderer, such duties, taxes and levies being those applicable 14 days before the closing time stated in the General Tender Information. 6.3 The short de…

What are the important dates and deadlines for this tender?

{"closingDate":"18 August 2026","closingTime":"12h00","briefingSession":"{\"date\":null,\"time\":null,\"venue\":\"ion meetings or at any other time prior to the award of the Contract, will not be\",\"is_compulsory\":false}"}

Who should be contacted for queries about this tender?

{"name":"Ms NBB Mokhantso","email":"mokhantson@senqu.gov.za","phone":"051 603 1300","department":"Supply Chain Management","address":"030019 Fax: 0516030445 e-mail: mokhantson@senqu.gov.za"}

Strategic Planning Facilitation Senqu Local Municipality

Technical Specifications

Source: Tender 02 of 26-27 Strategic Planning Session Facilitator ---Final.pdf (TENDER)

and any drawings and documents or parts thereof, which may be incorporated by reference into the above listed

Parts.

Deviations from and amendments to the documents listed in the conditions of tender and any addenda thereto as

listed in the returnable schedules as well as any changes to the terms of the offer agreed by the tenderer and the

employer during this process of offer and acceptance, are contained in the schedule of deviations attached to and

forming part of this form of offer and acceptance. No amendments to or deviations from said documents are valid

unless contained in this schedule.

The tenderer shall within two weeks after receiving a completed copy of this agreement, including the schedule of

deviations (if any), contact the employer to arrange the delivery of any securities, bonds, guarantees, proof of

insurance and any other documents to be provided in terms of the conditions of contract as supplemented by the

special conditions of contract. Failure to fulfil any of these obligations in accordance with those terms shall constitute

a repudiation of this agreement.

Notwithstanding anything contained herein, this agreement comes into effect on the date when the parties have signed

the table below and confirms receipt from the employer of one fully completed original copy of this agreement,

including the schedule of deviations (if any). The tenderer (now contractor) shall within five working days of the

agreement coming into effect notify the employer in writing of any reason why he cannot accept the contents of this

agreement as a complete and accurate memorandum thereof, failing which the agreement presented to the contractor

shall constitute the binding contract between the parties.

Signature (s)

Name(s)

Capacity

For the Employer Date

Name and Address of the Employer

Name and signature of witness Date

P a g e | 27

Form of Offer and Acceptance

Bid -2027T

Schedule of Deviations N/A

Notes:

The extent of deviations from the tender documents issued by the employer before the tender closing date is

limited to those permitted in terms of the conditions of tender.

A tenderer's covering letter shall not be included in the final contract document. Should any matter in such

letter, which constitutes a deviation as aforesaid, become the subject of agreements reached during the

process of offer and acceptance, the outcome of such agreement shall be recorded here.

Any other matter arising from the process of offer and acceptance either as a confirmation, clarification or

change to the tender documents and which it is agreed by the Parties becomes an obligation of the contract

shall also be recorded here.

Any change or addition to the tender documents arising from the above agreements and recorded here, shall

also be incorporated into the final draft of the Contract.

1 Subject

Details

2 Subject

Details

3 Subject

Details

4 Subject

Details

5 Subject

Details

By the duly authorised representatives signing this agreement, the employer and the tenderer agree to and accept

the foregoing schedule of deviations as the only deviations from and amendments to the documents listed in the

conditions of tender and addenda thereto as listed in the returnable schedules, as well as any confirmation,

clarification or changes to the terms of the offer agreed by the tenderer and the employer during this process of offer

and acceptance.

It is expressly agreed that no other matter whether in writing, oral communication or implied during the period between

the issue of the tender documents and the receipt by the tenderer of a completed signed copy of this Agreement shall

have any meaning or effect in the contract between the parties arising from this agreement.

P a g e | 28

Form of Offer and Acceptance

Bid -2027T

(6) price schedule

Bid specifications may not make any reference to any particular trade mark, name, patent, design, type, specific origin or

producer, unless there is no other sufficiently precise or intelligible way of describing the characteristics of the work, in

which case such reference must be accompanied by the words “or equivalent”.

Tenderers must note that wherever this document refers to any particular trade mark,

Name, patent, design, type, specific origin or producer, such reference shall be deemed to

Be accompanied by the words ‘or equivalent”

Pricing Instructions:

Pricing Instructions mean the criteria as set out below, read together with all Parts of this contract document, which it will

be assumed in the contract, that the tenderer has taken into account when developing his prices.

6.1 State the rates and prices in Rand unless instructed otherwise in the tender conditions.

6.2 Include in the rates, prices, and the tendered total of the prices (if any) all duties, taxes (except Value Added Tax

(VAT), and other levies payable by the successful tenderer, such duties, taxes and levies being those applicable

14 days before the closing time stated in the General Tender Information.

6.3 The short descriptions given in the Activity Schedule below are brief descriptions used to identify the activities for

which prices are required. Detailed descriptions of the activities to be priced are provided in the Scope of Work.

6.4 All prices tendered must include all expenses, disbursements and costs (e.g. transport, accommodation etc.) that

may be required for the execution of the tenderer’s obligations in terms of the Contract, and shall cover the cost

of all general risks, liabilities and obligations set forth or implied in the Contract as well as overhead charges and

profit (in the event that the tender is successful). All prices tendered will be final and binding.

6.5 All prices shall be tendered in accordance with the units specified in this schedule.

6.6 Where a value is given in the Quantity column, a Rate and Price (the product of the Quantity and Rate) is required

to be inserted in the relevant columns.

6.7 The successful tenderer is required to perform all tasks listed against each item. The tenderer must therefore

tender prices/rates on all items as per the section in the Price Schedule. An item against which no rate is/are

entered, or if anything other than a rate or a nil rate (for example, a zero, a dash or the word “included”

or abbreviations thereof) is entered against an item, it will also be regarded as a nil rate having been

entered against that item, i.e. that there is no charge for that item. The Tenderer may be requested to

clarify nil rates, or items regarded as having nil rates; and the Employer may also perform a risk analysis

with regard to the reasonableness of such rates.

6.8 Provision for time-based services which fall beyond the scope of normal services as described in the Scope of

Work has been made in the Activity Schedule. This provision is for services provided on instruction from the

Employer and will be deducted in whole or part if not required. The estimated period of involvement of each

category of person must be agreed with the Employer before any work in this regard commences.

6.9 The categories of persons (A, B, C, D) in respect of time-based fee rates for professional services shall be as

defined in the relevant guideline scope(s) of services (as referenced in the Specifications).

6.10 A higher category person undertaking lower category work will be reimbursed, in respect of time-based fees, at

the lower category rate.

6.11 Tenderers are to note that only those recoverable expenses listed in the Activity Schedule will be reimbursed to

the Service Provider. No reimbursement of costs for subsistence, typing, printing/copying (other than reports

and/or tender documents), communications or computer hardware and/or software will be made and these costs

will be deemed to be included in rates, sums, and prices for normal and additional services rendered.

6.12 Items for printing/copying shall be for specified contract documents, reports, manuals and drawings, excluding

general correspondence, minor reports, progress reports, etc. which shall be deemed to be included in the

professional fees. Payment will only be made for copies of reports and drawings submitted to the Employer or

issued, as specified or requested by the Employer, and all drafts shall be for the Service Provider’s account.

6.13 Tenderers are to note that the planning for this contract is based on a three-year budget which is subject to

change. While the Employer has every intention to complete the full scope of works, the Employer reserves the

right to reduce or increase the scope of works according to the dictates of the budget, or to terminate this contract,

without adjustment to the agreed rates, sums or fees and without payment of any penalty or surcharge in this

regard. The Service Provider shall however be entitled to pro-rata payment for all services carried out in terms

P a g e | 29

Experience & Qualifications

Source: Tender 02 of 26-27 Strategic Planning Session Facilitator ---Final.pdf

Session facilitation projectsAppointment letters

with contactable Bidder has successfully 4 Strategic Planning 30

references in completed 4 Strategic Planning Session projects

relation to the

Session facilitation projects

required services

must be attached to Bidder has successfully 5 Strategic Planning 35

claim points. completed 5 and more Session projects

Facilitation of Strategic Planning

Session projects

Bidder has submitted no no information or 0

information or inadequate inadequate

information to determine the information

scoring level

Criteria 2: key competences

KEY COMPETENCES: Lead Degree in 15 points

30 Points

Facilitat Developmental

Bidders must submit

or: Studies or Urban

detailed CV with original

and Regional

Academ

certified copies (not older

Planning or Natural

than 06 months) of the

Sciences,

Qualific

required professional

Sociology or Public

ation:

qualifications. If the

Administration or

required certified copies

Law or Town

of professional

Planning or Project

are not attached no Management or

points will be allocated. Finance or

(Copy of a certified copy Accounting

will not be considered).

Diploma in 10 points

Developmental

Studies or Natural

Sciences,

Sociology or Public

Administration or

P a g e | 10

Conditions of Tender

Bid -2027T

Law or Town

Planning or Project

Management or

Finance or

Accounting

Qualifications other 0

than the above

Years of facilitation 10 Years or above 15

6 to 9 Years 10

5 years 5

Less than 5 years 0

Criteria 3 METHODOLOGY

METHODOLOGY Criterion Points

Methodology is fully based 35 35 points

on the responsibilities of the

Methodology Facilitator as stated in the

Specifications section of this criteria proposal

document

must be attached

Non submission of facilitation 00

and include the approach

criteria on the

right (To score

points bidders

must submit a

detailed

methodology plan

)

P a g e | 11

Conditions of Tender

Bid -2027T

3.2.1.1.6 Professional indemnity insurance

3.2.2 Cost of tendering

The SM will not be liable for any costs incurred in the preparation and submission of a tender

offer, including the costs of any testing necessary to demonstrate that aspects of the offer

complies with requirements.

3.2.3 Check documents

The documents issued by the SM for the purpose of a tender offer are listed in the index of this

tender document.

Before submission of any tender, the tenderer should check the number of pages, and if any are

found to be missing or duplicated, or the figures or writing is indistinct, or if the Price Schedule

contains any obvious errors, the tenderer must apply to the SM at once to have the same rectified.

3.2.4 Confidentiality and copyright of documents

Treat as confidential all matters arising in connection with the tender. Use and copy the documents

issued by the SM only for the purpose of preparing and submitting a tender offer in response to

the invitation.

3.2.5 Reference documents

Obtain, as necessary for submitting a tender offer, copies of the latest versions of standards,

specifications, Conditions of Contract and other publications, which are not attached but which

are incorporated into the tender documents by reference.

3.2.6 Acknowledge and comply with notices

Acknowledge receipt of notices to the tender documents, which the SM may issue, fully comply

with all instructions issued in the notices, and if necessary, apply for an extension of the closing

time stated on the front page of the tender document, in order to take the notices into account.

Notwithstanding any requests for confirmation of receipt of notices issued, the tenderer shall be

deemed to have received such notices if the SM can show proof of transmission thereof via

electronic mail, facsimile or registered post.

3.2.7 Clarification meeting N/A

Attend, where required, a clarification meeting at which tenderers may familiarise themselves with

aspects of the proposed work, services or supply and pose questions. Details of the meeting(s)

are stated in the General Tender Information.

Tenderers should be represented at the site visit/clarification meeting by a person who is suitably

qualified and experienced to comprehend the implications of the work involved.

3.2.8 Seek clarification

Request clarification of the tender documents, if necessary, by notifying the SM at least one week

before the closing time stated in the General Tender Information, where possible.

3.2.9 Pricing the tender offer

3.2.9.1 Comply with all pricing instructions as stated on the Price Schedule.

P a g e | 12

Conditions of Tender

Bid -2027T

3.2.10 Alterations to documents

Do not make any alterations or additions to the tender documents, except to comply with

instructions issued by the SM in writing, or necessary to correct errors made by the tenderer. All

signatories to the tender offer shall initial all such alterations.

3.2.11.2 Accept that an alternative tender offer may be based only on the criteria stated in the tender

conditions or criteria otherwise acceptable to the SM.

3.2.12 Submitting a tender offer

3.2.12.1 Submit one tender offer only on the original tender documents as issued by the SM, either as a

single tendering entity or as a member in a joint venture to provide the whole of the works, services

or supply identified in the contract conditions and described in the specifications. Only those

tenders submitted on the tender documents as issued by the SM together with all Returnable

Schedules duly completed and signed will be declared responsive.

3.2.12.2 Return the entire document to the SM after completing it in its entirety, either electronically (if they

were issued in electronic format) or by writing legibly in non-erasable ink.

3.2.12.3 Submit the parts of the tender offer communicated on paper as an original with an English

translation for any part of the tender submission not made in English.

1 (One) copy(ies) of the following elements of the bid submission must be submitted separately

bound in the same envelope where possible:

3.2.12.4 Sign the original tender offer where required in terms of the tender conditions. The tender shall

be signed by a person duly authorised to do so. Tenders submitted by joint ventures of two or

more firms shall be accompanied by the document of formation of the joint venture or any other

document signed by all parties, in which is defined precisely the conditions under which the joint

venture will function, its period of duration, the persons authorised to represent and obligate it, the

participation of the several firms forming the joint venture, and any other information necessary to

permit a full appraisal of its functioning. Signatories for tenderers proposing to contract as joint

ventures shall state which of the signatories is the lead partner.

3.2.12.5 Where a two-envelope system is required in terms of the tender conditions, place and seal the

returnable documents listed in the tender conditions in an envelope marked “financial proposal”

and place the remaining returnable documents in an envelope marked “technical proposal”. Each

envelope shall state on the outside the SM’s address and identification details stated in the

General Tender Information, as well as the tenderer's name and contact address.

3.2.12.6 Seal the original tender offer and copy packages together in an outer package that states on the

outside only the SM's address and identification details as stated in the General Tender

Information. . If it is not possible to submit the original tender and the required copies (see 3.13.3)

in a single envelope, then the tenderer must seal the original and each copy of the tender offer as

separate packages marking the packages as “ORIGINAL” and “COPY” in addition to the

aforementioned tender submission details.

3.2.12.7 Accept that the SM shall not assume any responsibility for the misplacement or premature opening

of the tender offer if the outer package is not sealed and marked as stated.

3.2.12.8 Accept that tender offers submitted by facsimile or e-mail will be rejected by the SM, unless stated

otherwise in the tender conditions.

3.2.12.9 By signing the offer part of the Form of Offer (Section 2, Part A) the tenderer warrants that all

information provided in the tender submission is true and correct.

3.2.12.10 Tenders must be properly received and deposited in the designated tender box on or before the

closing date and before the closing time (as detailed on the General Tender Information page

of this tender document)

3.2.12.12 The tenderer must record and reference all information submitted contained in other documents

for example cover letters, brochures, catalogues, etc. in the returnable schedule titled List of

Other Documents Attached by Tenderer.

P a g e | 13

Conditions of Tender

Bid -2027T

3.2.13 Information and data to be completed in all respects

Accept that tender offers, which do not provide all the data or information requested completely

and in the form required, may be regarded by the SM as non-responsive.

3.2.14 Closing time

3.2.14.1 Ensure that the SM receives the tender offer at the address specified in the General Tender

Information prior to the closing time stated on the front page of the tender document.

3.2.14.2 Accept that, if the SM extends the closing time stated on the front page of the tender document

for any reason, the requirements of these Conditions of Tender apply equally to the extended

deadline.

3.2.14.3 Accept that, the SM shall not consider tenders that are received after the closing date and time

for such a tender (late tenders).

3.2.15 Tender offer validity and withdrawal of tenders

3.2.15.1 Warrants that the tender offer(s) remains valid, irrevocable and open for acceptance by the SM

at any time for a period of 120 days after the closing date stated on the front page of the tender

document.

3.2.15.2 Notwithstanding the period stated above, bids shall remain valid for acceptance for a period of

three (3) months after the expiry of the original validity period, unless the SM is notified in writing

of anything to the contrary by the bidder.

3.2.15.3 A tenderer may request in writing, after the closing date, that the tender offer be withdrawn. Such

withdrawal will be permitted or refused at the sole discretion of the SM after consideration of the

reasons for the withdrawal, which shall be fully set out by the tenderer in such written request for

withdrawal. Should the tender offer be withdrawn in contravention hereof, the tenderer agrees

that:

a) it shall be liable to the SM for any additional expense incurred or losses suffered by the

SM in having either to accept another tender or, if new tenders have to be invited, the

additional expenses incurred or losses suffered by the invitation of new tenders and the

subsequent acceptance of any other tender;

b) the SM shall also have the right to recover such additional expenses or losses by set-off

against monies which may be due or become due to the tenderer under this or any other

tender or contract or against any guarantee or deposit that may have been furnished by

the tenderer or on its behalf for the due fulfilment of this or any other tender or contract.

Pending the ascertainment of the amount of such additional expenses or losses, the SM

shall be entitled to retain such monies, guarantee or deposit as security for any such

expenses or loss.

3.2.16 Clarification of tender offer, or additional information, after submission

Provide clarification of a tender offer, or additional information, in response to a written request to

do so from the SM during the evaluation of tender offers within the time period stated in such

request. No change in the competitive position of tenderers or substance of the tender offer is

sought, offered, or permitted.

This clause does not preclude the negotiation of the final terms of the contract with a preferred

tenderer following a competitive selection process, should the SM elect to do so.

Failure, or refusal, to provide such clarification or additional information within the time for

submission stated in the SM’s written request may render the tender non-responsive.

3.2.17 Provide other material

3.2.17.1 General:

Provide, on request by the SM, any other material that has a bearing on the tender offer, the

tenderer’s commercial position (including joint venture agreements), preferencing arrangements,

or samples of materials, considered necessary by the SM for the purpose of the evaluation of the

tender. Should the tenderer not provide the material, or a satisfactory reason as to why it cannot

P a g e | 14

Conditions of Tender

Bid -2027T

be provided, by the time for submission stated in the SM’s request, the SM may regard the tender

offer as non-responsive.

3.2.17.2 Provide, on written request by the SM, where the transaction value inclusive of VAT exceeds

R 10 million:

a) audited annual financial statement for the past 3 years, or for the period since

establishment if established during the past 3 years, if required by law to prepare annual

financial statements for auditing;

b) a certificate signed by the tenderer certifying that the tenderer has no undisputed

commitments for municipal services towards a municipality or other service provider in

respect of which payment is overdue for more than 30 days;

c) particulars of any contracts awarded to the tenderer by an organ of state during the past

five years, including particulars of any material non-compliance or dispute concerning

the execution of such contract;

d) a statement indicating whether any portion of the goods or services are expected to be

sourced from outside the Republic, and, if so, what portion and whether any portion of

payment from the municipality or municipal entity is expected to be transferred out of the

Republic.

Each party to a Consortium/Joint Venture shall submit separate certificates/statements in the

above regard.

3.2.17.3 Municipal Accounts:

In addition to the conditions stated in 3.2.1.1.2.k of these tender conditions, tenderers further

undertake to fully cooperate with the SM in the provision of appropriate and valid information and

/ or evidence to enable the SM to determine whether the entity and its directors / members /

partners has any municipal arrears greater than 90 days. The SM reserves its rights to make

additional enquiries in this regard, with the bidding entity or any municipality or municipal entity.

3.2.18 Samples, Inspections, tests and analysis

Provide access during working hours to premises for inspections, tests and analysis as provided

for in the tender conditions or specifications.

If the Specification requires the tenderer to provide samples, these shall be provided strictly in

accordance with the instructions set out in the Specification.

If such samples are not submitted as required in the bid documents or within any further time

stipulated by the SM in writing, then the bid concerned may be declared non-responsive.

The samples provided by all successful bidders will be retained by the SM for the duration of any

subsequent contract. Bidders are to note that samples are requested for testing purposes

therefore samples submitted to the SM may not in all instances be returned in the same state of

supply and in other instances may not be returned at all. Unsuccessful bidders will be advised by

the Project Manager or dedicated SM Official to collect their samples, save in the aforementioned

instances where the samples would not be returned.

3.2.19 Certificates

The tenderer must provide the SM with all certificates as stated below:

P a g e | 15

Conditions of Tender

Bid -2027T

3.2.19.1 Broad-Based Black Economic Empowerment Status Level Documentation

In order to qualify for preference points, it is the responsibility of the tenderer to submit

documentary proof, either as certificates, sworn affidavits or any other requirement prescribed in

terms of the B-BBEE Act, of its B-BBEE status level of contribution in accordance with the

applicable Codes of good practise as issued by the Department of Trade and Industry, to the SM

with the tender submission.

Consortiums/Joint Ventures will qualify for preference points, provided that the entity submits the

relevant certificate/scorecard in accordance with the applicable codes of good practise. Note that,

in the case of unincorporated entities, a verified consolidated B-BBEE scorecard must be

submitted in the form of a certificate with the tender.

Tenderers are further referred to the content of the Preference Points Claim Form for the full

terms and conditions applicable to the awarding of preference points.

The applicable code for this tender is the Amended Codes for Measuring Broad-Based Black

Economic Empowerment in the Construction Sector.

The tenderer shall indicate on the Preference Points Claim Form the Level of Contribution in

respect of the enterprise status or structure of the tendering entity (the supplier).

3.2.19.2 Evidence of tax compliance

Tenderers shall be registered with the South African Revenue Service (SARS) and their tax affairs

must be in order and they must be tax compliant subject to the requirements of clause 2.2.1.1.2.h.

In this regard, it is the responsibility of the tenderer to provide its Tax Compliance Status PIN

number on the Compulsory Enterprise Questionnaire pages of the tender submission.

Each party to a Consortium/Joint Venture shall separately submit this information.

Before making an award the SM must verify the bidder’s tax compliance status. Where the

recommended bidder is not tax compliant, the bidder should be notified of the non-compliant

status and be requested to submit to the SM, within 7 working days, written proof from SARS that

they have made arrangement to meet their outstanding tax obligations. The proof of tax

compliance submitted by the bidder must be verified by the SM via CSD or e-Filing. The SM

should reject a bid submitted by the bidder if such bidder fails to provide proof of tax compliance

within the timeframe stated herein and it status on the SARS system remains non-compliant.

Only foreign suppliers who have answered “NO” to all the questions contained in the

Questionnaire to Bidding Foreign Suppliers section on the Compulsory Enterprise

Questionnaire pages of the tender submission, are not required to register for a tax compliance

status with SARS.

3.2.20 Compliance with Occupational Health and Safety Act,

Tenderers are to note the requirements of the Occupational Health and Safety Act, .

The Tenderer shall be deemed to have read and fully understood the requirements of the above

Act and Regulations and to have allowed for all costs in compliance therewith.

In this regard the Tenderer shall submit upon written request to do so by the SM, a Health and

Safety Plan in sufficient detail to demonstrate the necessary competencies and resources to

deliver the goods or services all in accordance with the Act, Regulations and Health and Safety

Specification.

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3.2.21 Claims arising from submission of tender

The tenderer warrants that it has:

a) inspected the Specifications and read and fully understood the Conditions of Contract.

b) read and fully understood the whole text of the Specifications and Price Schedule and

thoroughly acquainted himself with the nature of the goods or services proposed and

generally of all matters which may influence the Contract.

c) visited the site(s) where delivery of the proposed goods will take place, carefully

examined existing conditions, the means of access to the site(s), the conditions under

which the delivery is to be made, and acquainted himself with any limitations or

restrictions that may be imposed by the Municipal or other Authorities in regard to access

and transport of materials, plant and equipment to and from the site(s) and made the

necessary provisions for any additional costs involved thereby.

d) requested the SM to clarify the actual requirements of anything in the Specifications and

Price Schedule, the exact meaning or interpretation of which is not clearly intelligible to

the Tenderer.

e) received any notices to the tender documents which have been issued in accordance

with the SM’s Supply Chain Management Policy.

The SM will therefore not be liable for the payment of any extra costs or claims arising from the

submission of the tender.

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3.3 The SM’s undertakings

3.3.1 Respond to requests from the tenderer

3.3.1.1 Unless otherwise stated in the Tender Conditions, respond to a request for clarification received

up to one week (where possible) before the tender closing time stated on the front page of the

tender document.

3.3.1.2 The SM’s representative for the purpose of this tender is stated on the General Tender

Information page.

3.3.2 Issue Notices

If necessary, issue addenda in writing that may amend or amplify the tender documents to each

tenderer during the period from the date the tender documents are available until one week

before the tender closing time stated in the Tender Data. The SM reserves its rights to issue

addenda less than one week before the tender closing time in exceptional circumstances If, as

a result a tenderer applies for an extension to the closing time stated on the front page of the

tender document, the SM may grant such extension and, shall then notify all tenderers who

drew documents.

Notwithstanding any requests for confirmation of receipt of notices issued, the tenderer shall be

deemed to have received such notices if the SM can show proof of transmission thereof via

electronic mail, facsimile or registered post.

3.3.3 Opening of tender submissions

3.3.3.1 Unless the two-envelope system is to be followed, open tender submissions in the presence of

tenderers’ agents who choose to attend at the time and place stated in the tender conditions.

Tenders will be opened immediately after the closing time for receipt of tenders as stated on the

front page of the tender document, or as stated in any Notice extending the closing date and at

the closing venue as stated in the General Tender Information.

3.3.3.2 Announce at the meeting held immediately after the opening of tender submissions, at the

closing venue as stated in the General Tender Information, the name of each tenderer whose

tender offer is opened and, where possible, the prices and the preferences indicated.

3.3.3.3 Make available a record of the details announced at the tender opening meeting on the SM’s

website.

3.3.4 Two-envelope system N/A

3.3.4.1 Where stated in the tender conditions that a two-envelope system is to be followed, open only

the technical proposal of tenders in the presence of tenderers’ agents who choose to attend at

the time and place stated in the tender conditions and announce the name of each tenderer

whose technical proposal is opened.

3.3.4.2 Evaluate the quality of the technical proposals offered by tenderers, then advise tenderers who

have submitted responsive technical proposals of the time and place when the financial

proposals will be opened. Open only the financial proposals of tenderers, who have submitted

responsive technical proposals in accordance with the requirements as stated in the tender

conditions and announce the total price and any preferences claimed. Return unopened

financial proposals to tenderers whose technical proposals were non responsive.

3.3.5 Non-disclosure

Not disclose to tenderers, or to any other person not officially concerned with such processes,

information relating to the evaluation and comparison of tender offers and recommendations for

the award of a contract, until after the award of the contract to the successful tenderer.

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Conditions of Tender

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3.3.6 Grounds for rejection and disqualification

Determine whether there has been any effort by a tenderer to influence the processing of tender

offers and instantly disqualify a tenderer (and his tender offer) if it is established that he engaged

in corrupt or fraudulent practices.

3.3.7 Test for responsiveness

3.3.7.1 Appoint a Bid Evaluation Committee and determine after opening whether each tender offer

properly received:

a) complies with the requirements of these Conditions of Tender,

b) has been properly and fully completed and signed, and

c) is responsive to the other requirements of the tender documents.

3.3.7.2 A responsive tender is one that conforms to all the terms, conditions, and specifications of the

tender documents without material deviation or qualification. A material deviation or qualification

is one which, in the SM's opinion, would:

a) detrimentally affect the scope, quality, or performance of the goods, services or supply

identified in

b) the Specifications,

c) significantly change the SM's or the tenderer's risks and responsibilities under the

contract, or

d) affect the competitive position of other tenderers presenting responsive tenders, if it

were to be rectified.

Reject a non-responsive tender offer, and not allow it to be subsequently made responsive by

correction or withdrawal of any material deviation or qualification.

The SM reserves the right to accept a tender offer which does not, in the SM’s opinion, materially

and/or substantially deviate from the terms, conditions, and specifications of the tender

documents.

3.3.8 Arithmetical errors, omissions, discrepancies and corrections of rates

3.3.8.1 Check the highest ranked tender or tenderer with the highest number of tender evaluation points

after the evaluation of tender offers for:

a) the gross misplacement of the decimal point in any unit rate;

b) omissions made in completing the Price Schedule; or

c) arithmetic errors in:

i. line item totals resulting from the product of a unit rate and a quantity in the

Price Schedule; or

ii. the summation of the prices; or

iii. calculation of individual rates.

3.3.8.2 Notify the tenderer of all errors or omissions that are identified in the tender offer and either

confirm the tender offer as tendered or accept the corrected total of prices. Where the tenderer

elects to confirm the tender offer as tendered, correct the errors as follows:

a) If bills of quantities or pricing schedules apply and there is an error in the line item total

resulting from the product of the unit rate and the quantity, the line item total shall

govern and the rate shall be corrected. Where there is an obviously gross

misplacement of the decimal point in the unit rate, the line item total as quoted shall

govern, and the unit rate shall be corrected.

Where there is an error in the total of the prices either as a result of other corrections required

by this checking process or in the tenderer's addition of prices, the total of the prices shall govern

and the tenderer will be asked to revise selected item prices (and their rates if bills of quantities

apply) to achieve the tendered total of the prices.

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Conditions of Tender

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3.3.8.3 In the event of tendered rates or lump sums being declared by the SM to be unacceptable to it

because they are not priced, either excessively low or high, or not in proper balance with other

rates or lump sums, the tenderer may be required to produce evidence and advance arguments

in support of the tendered rates or lump sums objected to. If, after submission of such evidence

and any further evidence requested, the SM is still not satisfied with the tendered rates or lump

sums objected to, it may request the tenderer to amend these rates and lump sums along the

lines indicated by it.

The tenderer will then have the option to alter and/or amend the rates and lump sums objected

to and such other related amounts as are agreed on by the SM, but this shall be done without

altering the tender offer in accordance with this clause.

Should the tenderer fail to amend his tender in a manner acceptable to and within the time stated

by the SM, the SM may declare the tender as non-responsive.

3.3.9 Clarification of a tender offer

The SM may, after the closing date, request additional information or clarification from tenderers,

in writing on any matter affecting the evaluation of the tender offer or that could give rise to

ambiguity in a contract arising from the tender offer, which written request and related response

shall not change or affect their competitive position or the substance of their offer. Such request

may only be made in writing by the Bid Evaluation Committee using any means as appropriate.

3.3.10 Evaluation of tender offers

3.3.10.1 General

3.3.10.1.1 Reduce each responsive tender offer to a comparative price and evaluate them using the tender

evaluation methods and associated evaluation criteria and weightings that are specified in the

tender conditions.

3.3.10.1.2 For evaluation purposes only, the effects of the relevant contract price adjustment methods will

be considered in the determination of comparative prices as follows:

a. If the selected method is based on bidders supplying rates or percentages for outer

years, comparative prices would be determined over the entire contract period based

on such rates or percentages.

b. If the selected method is based on a formula, indices, coefficients, etc. that is the same

for all bidders during the contract period, comparative prices would be the prices as

tendered for year one.

c. If the selected method is based on a formula, indices, coefficients, etc. that varies

between bidders, comparative prices would be determined over the entire contract

period based on published indices relevant during the 12 months prior to the closing

date of tenders.

d. If the selected method includes an imported content requiring rate of exchange

variation, comparative prices would be determined based on the exchange rates

tendered for the prices as tendered for year one. The rand equivalent of the applicable

currency 14 days prior to the closing date of tender will be used (the SM will check all

quoted rates against those supplied by its own bank).

e. If the selected method is based on suppliers’ price lists, comparative prices would be

the prices as tendered for year one.

f. If the selected method is based on suppliers’ price lists and / or rate of exchange,

comparative prices would be determined as tendered for year one whilst taking into

account the tendered percentage subject to rate of exchange (see sub clause (d) for

details on the calculation of the rate of exchange).

3.3.10.1.3 Where the scoring of functionality forms part of a bid process, each member of the Bid

Evaluation Committee must individually score functionality. The individual scores must then be

interrogated and calibrated if required where there are significant discrepancies. The individual

scores must then be added together and averaged to determine the final score.

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Conditions of Tender

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3.3.10.2 Decimal places

Score financial offers, preferences, and functionality, as relevant, to two decimal places.

3.3.10.3 Scoring of tenders (price and preference)

3.3.10.3.1 Points for price will be allocated in accordance with the formula set out in this clause based on

the tender sum / amount as set out in the Price Schedule (Part 3).

3.3.10.3.2 Points for preference will be allocated in accordance with the provisions of Preference Points

Claim Form and the table in this clause.

3.3.10.3.3 The terms and conditions of Preference Points Claim Form as it relates to preference shall

apply in all respects to the tender evaluation process and any subsequent contract.

3.3.10.3.4 Applicable formula:

The price/preference points system as identified within the Preference Claim form attached in

this bid document will be applicable to this tender.

3.3.10.5 Risk Analysis

Notwithstanding compliance with regard to any requirements of the tender, the SM will perform

a risk analysis in respect of the following:

a) reasonableness of the financial offer

b) reasonableness of unit rates and prices

c) the tenderer’s ability to fulfil its obligations in terms of the tender document, that is, that

the tenderer can demonstrate that he/she possesses the necessary professional and

technical qualifications, professional and technical competence, financial resources,

equipment and other physical facilities, managerial capability, reliability, capacity,

experience, reputation, personnel to perform the contract, etc.; the SM reserves the right

to consider a tenderer’s existing contracts with the SM in this regard

d) any other matter relating to the submitted bid, the tendering entity, matters of

compliance, verification of submitted information and documents, etc.

The conclusions drawn from this risk analysis will be used by the SM in determining the

acceptability of the tender offer.

No tenderer will be recommended for an award unless the tenderer has demonstrated to the

satisfaction of the SM that he/she has the resources and skills required.

3.3.11 Negotiations with preferred tenderers

The SM may negotiate the final terms of a contract with tenderers identified through a

competitive tendering process as preferred tenderers provided that such negotiation:

a) does not allow any preferred tenderer a second or unfair opportunity;

b) is not to the detriment of any other tenderer; and

c) does not lead to a higher price than the tender as submitted.

If negotiations fail to result in acceptable contract terms, the Municipal Manager (or his

delegated authority) may terminate the negotiations and cancel the tender, or invite the next

ranked tenderer for negotiations. The original preferred tenderer should be informed of the

reasons for termination of the negotiations. If the decision is to invite the next highest ranked

tenderer for negotiations, the failed earlier negotiations may not be reopened by the SM.

Minutes of any such negotiations shall be kept for record purposes.

The provisions of this clause will be equally applicable to any invitation to negotiate with any

other tenderers.

In terms of the PPPFA Regulations, 2017, tenders must be cancelled in the event that

negotiations fail to achieve a market related price with any of the three highest scoring tenderers.

3.3.12 Acceptance of tender offer

Notwithstanding any other provisions contained in the tender document, the SM reserves the

right to:

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Conditions of Tender

Bid -2027T

3.3.12.1 Accept a tender offer(s) which does not, in the SM’s opinion, materially and/or substantially

deviate from the terms, conditions, and specifications of the tender document.

3.3.12.2 Accept the whole tender or part of a tender or any item or part of any item or items from multiple

manufacturers, or to accept more than one tender (in the event of a number of items being

offered), and the SM is not obliged to accept the lowest or any tender.

3.3.12.3 Accept the tender offer(s), if in the opinion of the SM, it does not present any material risk and

only if the tenderer(s)::

a) is not under restrictions, has any principals who are under restrictions, or is not

currently a supplier to whom notice has been served for abuse of the supply chain

management system, preventing participation in the SM’s procurement,

b) can, as necessary and in relation to the proposed contract, demonstrate that he or she

possesses the professional and technical qualifications, professional and technical

competence, financial resources, equipment and other physical facilities, managerial

capability, reliability, experience and reputation, expertise and the personnel, to

perform the contract,

c) has the legal capacity to enter into the contract,

d) is not insolvent, in receivership, under Business Rescue as provided for in chapter 6

of the Companies Act, 2008, bankrupt or being wound up, has his affairs administered

by a court or a judicial officer, has suspended his business activities, or is subject to

legal proceedings in respect of any of the foregoing, complies with the legal

requirements, if any, stated in the tender data, and

e) is able, in the opinion of the SM, to perform the contract free of conflicts of interest.

If an award cannot be made in terms of anything contained herein, the SM reserves the right to

consider the next ranked tenderer(s).

3.3.12.4 Not to make an award, or revoke an award already made, where the implementation of the

contract may result in reputational risk or harm to the SM as a result of (inter alia):

a) reports of poor governance and/or unethical behaviour;

b) association with notorious individuals or their known family;

c) poor performance issues, known to the SM;

d) negative social media reports; and

e) adverse assurance (e.g. due diligence) report outcomes.

3.3.12.5 The SM reserves the right to nominate an alternative bidder at the time when an award is made

and in the event that a contract is terminated during the execution thereof, the SM may consider

the award of the contract, or non-award, to the alternative bidder in terms of the procedures

included its SCM Policy.

3.3.13 Prepare contract documents

3.3.13.1 If necessary, revise documents that shall form part of the contract and that were issued by the

SM as part of the tender documents to take account of:

a) notices issued during the tender period,

b) inclusion of some of the returnable documents, and

c) other revisions agreed between the SM and the successful tenderer.

3.3.13.2 Complete the schedule of deviations attached to the form of offer and acceptance, if any.

3.3.14 Notice to successful and unsuccessful tenderers

3.3.14.1 Before accepting the tender of the successful tenderer the SM shall notify the successful

tenderer in writing of the decision of the SM’s Bid Adjudication Committee to award the tender

to the successful tenderer. No rights shall accrue to the successful tenderer in terms of this

notice

3.3.14.2 The SM shall, at the same time as notifying the successful tenderer of the Bid Adjudication

Committee’s decision to award the tender to the successful tenderer, also give written notice to

the other tenderers informing them that they have been unsuccessful.

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Conditions of Tender

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3.3.15 Provide written reasons for actions taken

Provide upon request written reasons to tenderers for any action that is taken in applying these

Conditions of Tender, but withhold information which is not in the public interest to be divulged,

which is considered to prejudice the legitimate commercial interests of tenderers or might

prejudice fair competition between tenderers.

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Conditions of Tender

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(4) compulsory enterprise questionnaire

The following particulars must be furnished. In the case of a joint venture, separate enterprise questionnaires

in respect of each partner must be completed and submitted.

Section 1a: Name of enterprise:

Section 1b: Trading as (if different

from above)

Section 1c: Type of Entity (please Individual / Sole Proprietor

select an option)

Closed Corporation

Company

Partnership / Joint Venture

Trust

Other:

Section 1d: Postal address

Section 1e: Physical address

(Chosen as domicillium citandi et

executandi)

Section 1f: Details of authorised Title: Full Name:

representative of tenderer Tel no: Fax no:

Cellular no:

Email address:

Section 2: VAT registration number, if any:

Section 2a: National Treasury Central Supplier Database registration no.:

Section 2b: SARS Tax Compliance Status PIN :

Section 2c: Senqu Municipality Supplier Database registration no. :

Section 3: cidb registration no (if applicable):

Section 4: Particulars of sole proprietors and partners in partnerships

Complete only if sole proprietor or partnership and attach separate page if more than 3 partners

Section 5: Particulars of companies and close corporations

Company registration number

Close corporation number

Tax reference number

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Compulsory Enterprise Questionaire

Bid -2027T

Section 6: Foreign Bidding Suppliers

Is tenderer the accredited representative in South Africa Yes No

for the Goods / Services / Works offered? If yes, enclose proof

Is tenderer a foreign based supplier for the Goods /

Services / Works offered? Yes No

If yes, answer the Questionnaire to Bidding Foreign

Questionnaire to Bidding Foreign Suppliers

a) Is the tenderer a resident of the Republic of South

Africa or an entity registered in South Africa? Yes No

b) Is the tenderer a resident of the Republic of South

Africa or an entity registered in South Africa? Yes No

c) Does the tenderer have a permanent establishment in

the Republic of South Africa? Yes No

d) Does the tenderer have any source of income in the

Republic of South Africa? Yes No

e) Is the tenderer liable in the Republic of South Africa for

any form of taxation? Yes No

The undersigned, who warrants that he / she is duly authorised to do so on behalf of the enterprise:

i) authorizes the Employer to obtain a tax clearance certificate from the South African Revenue Services

that my / our tax matters are in order;

ii) confirms that the neither the name of the enterprise or the name of any partner, manager, director or

other person, who wholly or partly exercises, or may exercise, control over the enterprise appears

on the Register of Tender Defaulters established in terms of the Prevention and Combating of Corrupt

Activities Act of 2004 or Database of Restricted Suppliers;

iii) confirms that no partner, member, director or other person, who wholly or partly exercises, or

may exercise, control over the enterprise appears, has within the last five years been convicted of

fraud or corruption;

iv) confirms that I / we are not associated, linked or involved with any other tendering entities submitting

tender offers and have no other relationship with any of the tenderers or those responsible for compiling

the scope of work that could cause or be interpreted as a conflict of interest; and

v) confirms that the contents of this questionnaire are within my personal knowledge and are to the best

of my belief both true and correct.

Signed Date

Name Position

Enterprise name

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Compulsory Enterprise Questionaire

Bid -2027T

(5) form of offer and acceptance

Offer

The SM, identified in the acceptance signature block, has solicited offers to enter into a contract for the procurement

of:

Contract NO . -2025

The tenderer, identified in the offer signature block, has examined the documents listed in the conditions of tender

and addenda thereto as listed in the returnable schedules, and by submitting this offer has accepted the conditions

of tender.

By the representative of the tenderer, deemed to be duly authorized, signing this part of this form of offer and

acceptance, the tenderer offers to perform all the obligations and liabilities of the contractor under the contract

including compliance with all its terms and conditions according to their true intent and meaning for an amount to be

determined in accordance with the conditions of contract identified herein.

By signing this Form of Offer and Acceptance the tenderer offers to supply all or any of the goods and/or render all

or any of the services described in the tender document to the SM in accordance with the:

1.1 terms and conditions stipulated in this tender document;

1.2 specifications stipulated in this tender document; and

1.3 at the prices as set out in the Price Schedule.

This offer may be accepted by the SM by signing the acceptance part of this form of offer and acceptance and

returning one copy of this document to the tenderer before the end of the period of validity stated in the conditions

of tender, whereupon the tenderer becomes the party named as the supplier in the conditions of contract.

Signature (s)

Name(s)

Capacity

For the Tenderer Date

Name and Address of the Tenderer

Name and signature of witness Date

For official use.

Initials of municipal officials at

Tender opening

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Form of Offer and Acceptance

Bid -2027T

Acceptance

By signing this part of this form of offer and acceptance, the employer identified below accepts the tenderer’s offer. In

consideration thereof, the employer shall pay the supplier the amount due in accordance with the conditions of

contract.. Acceptance of the tenderer’s offer shall form an agreement between the employer and the tenderer upon

the terms and conditions contained in this agreement and in the contract that is the subject of this agreement.

The terms of the contract are contained in:

Special and General Conditions of Tender

Bid -2027T

3.2.1.1.4 Key personnel

permanent employment at the close of tender. Alternatively, a signed undertaking from a

specialist consultant/firm having the required personnel, stating that they will undertake the

necessary work on behalf of the tenderer in terms of a sub-consultant agreement, will be

acceptable. Such undertaking must be attached to the schedule titled Key Personnel.

personnel listed below and the schedule titled Key Personnel must be clearly indicative of the

requirement experience durations, qualifications, professional registration details, etc

3.2.1.1.5 Minimum score for functionality

offers, and Service providers must ensure that they submit all information and required evidence

to be evaluated in terms of functionality on the criteria mentioned in table 1 below:

Criteria 1:. Experience

EXPERIENCE Bidder has successfully 2 Strategic 10

completed 2 Strategic Planning Session 35 Points

Bid -2027T

NB: Proof of Bidder has successfully 3 Strategic Planning 20

professional completed 3 Strategic Planning Session projects

experience:

ation:

qualifications. If the

Qualifications other 0

than the above

Years of facilitation 10 Years or above 15

experience