Appointment of a Construction Health and Safety Agent - Trans-caledon Tunnel

Returnable Documents:

4.1. DETAILED DESCRIPTION OF GOODS/SERVICES Appoint a Construction Health and Safety Agent (CHSA) who will: • Prepare Project Baseline Risk Assessments. • Prepare the site-specific construction Health and Safety Specifications. • Assist with design risk review and report hazards associated with the designs. • Review of Principal Contractors’ competencies, and resources. • Review of Principal Contractors’ Health and Safety Management Plan. • Prepare and submit Construction Work Permit Applications and all supporting documentation to the Department of Labour. • Attend design/technical meetings. • Review and approve health and safety related documents. • Carry out investigations into significant incidents. • Carry out monthly health and safety audits. • Ensure that a copy of the health and safety audit report is provided to the principal contractor within seven (7) days after the audit. • Render Ad hoc services as Assistance to Client as and when required. 4.2. DELIVERABLES • Project Baseline Risk Assessments. • Design risk report and hazards associated with the designs. • Approved Construction Work Permit application by the Department of Employment and Labour. • Approved Principal Contractor tender submissions, competencies and resources. • Approved Principal Contractor Health and Safety Management Plans. • Input given in project meetings. Page | 6 • Reviewed and approved health and safety related documents. • Reports of significant incidents investigations. • Reports of monthly health and safety audits. • Project closeout reports. 4.3. SKILLS DEVELOPMENT AND TRAINING Bidders are required to propose a black Health and Safety Candidate/Officer/Manager/Agent from Kwazulu-Natal Province to be developed to the satisfaction of his or her training needs/requirements for the duration of this contract to assist him or her to achieve professional registration with SACPCMP amongst other development needs as may be agreed between the bidder and the candidate. The cost of this development will be borne by the Bidder. Refer to Annexure K returnable to respond to this requirement. 4.4. SUBCONTRACTING TO BLACK CONSTRUCTION HEALTH AND SAFETY COMPANIES The are two bids issued for Umkhomazi Project Phase 1 Constriction Health and Safety services which is this bid and the other for the Dam infrastructure (055/2025/PMID/AGENTDAM/RFB). Should one bidder be the successful bidder for both bids, the successful bidder shall be required to subcontract at least 15% of the accepted contract amount to a Black Construction Health and Safety Company. 5. STAGE 1: ATTENDANCE OF COMPULSORY BRIEFING SESSION TCTA will refer to the attendance register of the Briefing Session to confirm if a bidder attended the compulsory briefing session. Failure to attend a compulsory briefing session will result in a bidder being disqualified at this stage and not evaluated further. 6. STAGE 2: RETURNABLES ALL RETURNABLES ARE REQUIRED FOR PURPOSES OF EVALUATION IRRESPECTIVE OF WHETHER THEY ARE DESIGNATED MANDATORY OR NOT. Page | 7 Document No. Description Status Type 1. Functionality Annexure A: Proof of registration as a CHS Agent with Mandatory SACPCMP 2. Functionality Annexure B: Company Experience Non-Mandatory 3. Functionality Annexure C1: Personnel Experience Non-Mandatory Annexure C2: Personnel Experience (for this returnable attach the Construction Work Permit (CWP). for each referenced project) otherwise no points will be allocated for referenced projects. Annexure C3 Personnel Experience 4. Compliance Annexure D: SANAS verified B-BBEE certificate(s) or Non-Mandatory Sworn Affidavit(s) 5. Agreement Annexure E: Joint Venture Agreement or Memorandum Non-Mandatory of Understanding and Declaration of Joint and Several Liability 6. Price Annexure F: Price Schedule Mandatory 7. SBD1 Annexure G: Request for Bid (SBD 1) Non-Mandatory 8. SBD4 Annexure H: Bidder’s Disclosure (SBD 4) Non-Mandatory 9. SBD6.1 Annexure I: In Terms of PPR 2022 (SBD 6.1) Non- Mandatory 10. Compliance Annexure J: Proof of Registration with National Non-Mandatory Treasury Central Supplier Database (CSD) 11. Compliance Annexure K: SKILLS DEVELOPMENT & TRAINING Non-Mandatory Complete this Annexure and submit the following documents required therein: • Attach Proof of address of the proposed candidate (i.e Municipal Account statement or the letter from the tribal office as the case maybe). • CV of the proposed candidate. • CHSA Registration Certificate of the proposed candidate. 12. Contracting Annexure L: Schedule of Qualifications Non- Mandatory 13. Contracting Annexure M: Standard Agreement Non-Mandatory Any bidder who fails to submit a non-mandatory document will receive zero points where that document is linked to specific functionality criteria. Any bidder who fails to submit a mandatory document will be disqualified at this stage and not evaluated further. Page | 8 7. STAGE 3: FUNCTIONALITY TCTA will evaluate the submissions for functional capacity and capability. TCTA will evaluate the submissions in terms of the functional criteria set out below. MAXIMUM NO FUNCTIONALITY SCORE 7.1 COMPANY EXPERIENCE: - 7.1.1 Experience in rendering construction or mining 5 points will be allocated for each health and safety services for compliance with project with a value of more than legislation on civil engineering projects with a R200 (Vat Inclusive) millions up 20 capital cost from R200 million upward (i.e. total to a maximum of 20 points. construction cost). 7.2 PERSONNEL EXPERIENCE 7.2.1 Minimum of 3 years’ occupational health and 5 points will be allocated for each safety work experience in a construction year of experience exceeding the 30 environment, post CHS Agent registration. minimum 3 years up to a maximum of 30 points. 7.2.2 Experience as an appointed Health and Safety 10 points will be allocated for Agent for compliance with legislation performing each approved construction work tasks such as preparing, reviewing, assessing permit submitted for a tunnel and projects or similar structure auditing of health and safety specification as projects up to a maximum of 20 well as application and obtaining approval of points. construction work permit in tunnel/similar (Submit approved structure projects like Construction work permit of Underpasses, Caves, Mines. previous projects) 7.2.3 Experience as an appointed Health and Safety Points will be allocated for each for compliance with legislation performing tasks large diameter (ranging such as preparing, reviewing, assessing and between 800 mm to 951 mm auditing of health and safety specification in and above diameter) subsurface pipeline construction projects. subsurface pipeline construction project up to a maximum of 30 points as follows: • 800mm - 950mm = 2,5 point • >951mm and above=5 points Total 100 Bidders who do not meet the minimum threshold of 67,5 points out of the 100 points will be disqualified at the end of this stage and not evaluated further. Page | 9 8. STAGE 4: SPECIFIC GOALS The specific goals for this bid are as follows: 8.1. BLACK OWNERSHIP AND SKILLS DEVELOPMENT & TRAINING LOCAL TO SITE 8.1.1. The following table will be used to calculate the points out of 20 for specific goals of the bidding entity: Number of points Number of points claimed (80/20 The specific goals allocated points in terms of this allocated system) tender (80/20 system) (To be completed by the tenderer) 1. Black Ownership (16 Points) 100% Black Owned 16 ≥90 Black Owned <100% Black Owned 15 ≥80 Black Owned <90% Black Owned 14 ≥70 Black Owned <80% Black Owned 12 ≥60 Black Owned <70% Black Owned 11 ≥51 Black Owned <60% Black Owned 10 2. Skill Development & Training Local to site (4 Points) 4 points will be awarded If the proposed skills development 4 points and training candidate in terms of section 4.3 of this RFB resides within the municipal boundaries of the following municipalities: • Harry Gwala District Municipality. • Umgungundlovu District Municipality. • Richmond Municipality Bidders must submit proof of residence as per Annexure K. 8.1.2. A joint venture or consortium must submit a consolidated B-BBEE certificate based on the weighted members participation in order to earn B-BBEE points. 8.1.3. All B-BBEE certificates must be obtained from verification agencies accredited by SANAS unless the bidder is an EME or QSE in which case they must submit a validly commissioned affidavit. 9. STAGE 5: PRICE 9.1. TCTA will treat the bids in terms of the Preferential Procurement Policy Framework Act, No. (PPPFA). 9.2. If the price offered by the highest scoring bidder is not market related, TCTA may negotiate a market-related price. 9.3. Price must be reflected Excluding and Including VAT. Page | 10 9.4. All prices must include disbursements. 9.5. Prices must be firm and in Rands. 9.6. Preferential Points Calculation 9.6.1. The following formula must be used to calculate the points out of 80 for price in bids with a Rand value less than R50 million, inclusive of all applicable taxes:  Pt − P min  Ps = 80 1 − P min  Where- Ps = Points scored for price of bid under consideration; Pt = Price of bid under consideration; and Pmin = Price of lowest acceptable bid. 9.6.2. The 80/20 preference point system will apply. 9.6.3. The weighting of the Preferential points calculation is as follows: Specific Goals = 20 Price = 80 Bidder’s Score 10. STAGE 6: SUPPLIER VETTING TCTA may disqualify a bidder who/whose: 10.1.1. Submits fraudulent information or information that they do not have to authority to submit; 10.1.2. Is listed on National Treasury’s list of Blacklisted Suppliers or Defaulters or similar; 10.1.3. Poses a risk in terms of any vetting process conducted either by TCTA internally or the National Intelligence Agency; 10.1.4. Has a director and/or shareholder who is employed by any organ of state. This does not apply to any organ of state acting as a bidder. If a bidder has a director and/or shareholder who is employed by an organ of state, they must submit a letter from the relevant organ of state stating that they are allowed to do remunerative work outside of their employment contract and that they are not prohibited from doing business with other organs of state; and 10.1.5. Tax affairs are not in order at the time of award after being requested to resolve the non- compliance status with SARS within the prescribed period. Page | 11 11. CONDITIONS OF BID Any bid submission that does not meet the conditions of bid may be rejected and not evaluated at all. Such a bid submission will not be acceptable. 11.1. COSTS OF BIDDING 11.1.1. Bidders shall bear their own costs, disbursements and expenses associated with the preparation and submission of the Bid Submissions, including submission of any additional information requested by TCTA or attending the compulsory briefing session. 11.1.2. TCTA shall not under any circumstances be liable nor assume liability to any Bidder for costs, disbursements and/or expenses incurred by Bidders regardless of the outcome of the Bid process or by virtue of cancellation and/or postponement of the Bid process. Where applicable a non-refundable fee for documents may be charged. 11.2. CLARIFICATIONS 11.2.1. All questions or queries regarding the Request for Bid must be directed to the person stated on the front page of this document, stating the relevant Bid number in the subject field, before the stipulated closing date and time of the Request for Bid. No e-mails, faxes and/or telephone calls should be directed to any other employees of TCTA. 11.2.2. TCTA shall not be liable nor assume liability for any failure to respond to any questions and/or queries raised by potential Bidders. 11.2.3. Should a Bidder fail to complete the annexures TCTA may call upon the Bidder to complete and submit such annexures except where such annexures are indicated as mandatory or are required for purposes of functional and preferential points evaluation. TCTA reserves the right to request clarity and to clarify any ambiguities in the documents that have already been submitted. If a Bidder fails to submit any of the requested documents and / or annexures duly completed within 5 (five) working days of being called upon to do so, then the TCTA may disqualify the Bidder. 11.3. AMENDMENTS 11.3.1. TCTA reserves the right, in its sole and absolute discretion, to amend any terms and conditions of the Request for Bid and/or to stipulate additional requirements, provided that such amended terms and conditions and/or additional requirements are placed on TCTA’s website at least 10 (ten) business days prior to the stipulated closing date and time. Page | 12 11.3.2. Any amended terms and conditions and/or stipulation of additional requirements by TCTA shall be deemed to form part of this Request for Bid. 11.3.3. TCTA shall not be liable, nor assume liability of any nature whatsoever, for the failure of a Bidder to receive information if sent to the e-mail, fax or postal address supplied. 11.3.4. TCTA reserves the right to stipulate additional Bid requirements as it deems appropriate in its sole and absolute discretion. 11.3.5. TCTA shall not be liable nor assume liability to any potential Bidder/s for any failure by such Bidder/s to receive any request for additional information. 11.3.6. In the event that TCTA amends its Bid requirements or requests additional information, any Bidder shall be entitled to withdraw its Bid Submission submitted by it prior to the stipulated closing date and time and re-submit a replacement Bid Submission by not later than the stipulated closing date and time. 11.4. MODIFICATION, ALTERATION OR SUBSTITUTION AND/OR WITHDRAWAL OF A BID

No specific requirements found B-BBEE Minimum Level: 9