Development of newsletters & publications – western cape government tender (RFB)

Returnable Documents: Schedule F.5: Declaration of Interest – State Employees (MBD 4 amended) ............................................................ 84, Schedule F.7: Declaration of Tenderer’s Past Supply Chain Management Practices (MBD 8) .................................. 87, Schedule F.10: Proposed Deviations And Qualifications By Tenderer ....................................................................... 91, 2.2.19.2 Evidence of tax compliance, responsibility of the Tenderer to submit evidence in the form of a valid Tax Compliance Status PIN issued by, or included with this tender. The tenderer must record its Tax Compliance Status PIN number on the Details, Each party to a Consortium/Joint Venture shall submit a separate Tax Compliance Status Pin., Before making an award the CCT must verify the bidder’s tax compliance status. Where the recommended, their outstanding tax obligations. The proof of tax compliance submitted by the bidder must be verified by the, CCT via CSD or e-Filing. The CCT should reject a bid submitted by the bidder if such bidder fails to provide, proof of tax compliance within the timeframe stated herein.

Supply chain management

SCM - 542 Approved by Branch Manager: February 2024 Version: 10

Tender NO: 264S/2025/26

Tender description: provision of services

Executive(s) need to be highly experienced, and CV(s) submitted need

to indicate which publications/newsletters the relevant functionary has

worked on.

• 0 points – less than 3 years’ relevant experience
• 3 points – 3 up to 5 years’ relevant experience
• 6 points – More than 5 up to 7 year’s relevant experience
• 10 points – More than 7 years

Graphic designers – 10 points – Minimum of four (4) required (The

individual designers’ scores will be combined and averaged by dividing the

total by four)

Candidate(s) need to indicate which publications they have worked on and

their level of responsibility

• 0 points – less than 3 years’ relevant experience
• 3 points – 3 up to 5 years’ relevant experience
• 6 points – More than 5 up to 7 year’s relevant experience
• 10 points – More than 7 years

Illustrator/Cartoonist- 10 points - Minimum of one (1) required

Candidate(s) need to indicate which projects they have worked on.

• 0 points – less than 1 year relevant experience
• 3 points – 1 up to 3 years’ relevant experience
• 6 points – More than 3 up to 5 years’ relevant experience
• 10 points – More than 5 years

Proofreader- 10 points - Minimum of 1 required

Candidate(s) need to indicate which projects they have worked on.

• 0 points – less than 3 years’ relevant experience
• 3 points - 3 up to 5 years’ relevant experience
• 6 points – More than 5 up to 7 years’ relevant experience
• 10 points – More than 7 years

Data analyst- 10 points - Minimum of 1 required

Candidate(s) need to indicate which projects they have worked on.

• 0 points – less than 1 year relevant experience
• 3 points - 1 up to 3 years’ relevant experience
• 6 points – More than 3 up to 5 years’ relevant experience
• 10 points – More than 5 years

Experience of Development of local government/public sector publications 10

the service

provider No - 0 points

Yes - 10 points

Samples Four (4) samples of full-colour corporate/public sector publications of which

at least one must be a newsletter (different types/ editions, done for

4 different current/previous clients by the Bidder over the last 5 years from date of

Publications closure of this tender).

Note 1: Samples can be in either digital or hard copy format.

Note 2: Digital samples must be submitted on a memory stick and attached

to the tender document. Please send your sample(s) in PDF format.

Note 3: Hard copy samples must not be submitted along with the tender

document but need to be delivered to the following address from Monday to

Friday: between the hours of 09:00 and 15:00 before the tender closing date.

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

2.2.8 Seek clarification

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 CCT reserves the right to consider a tenderer’s

existing contracts with the CCT 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.

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

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

2.3.12.2 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 CCT is not obliged to accept the lowest or any tender.

2.3.12.3 Accept the tender offer(s), if in the opinion of the CCT, 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 CCT’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 CCT, to perform the contract free of conflicts of interest.

the costs of any testing necessary to demonstrate that aspects of the offer complies with requirements.

2.2.3 Check documents

above regard.

2.2.17.3 Tenderers shall be required to undertake to fully cooperate with the CCT’s external service provider

appointed to perform a due diligence review and risk assessment upon receipt of such written

instruction from the CCT.

2.2.18 Samples, Inspections, tests and analysis

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

the CCT 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 CCT Official to collect

their samples, save in the aforementioned instances where the samples would not be returned.

2.2.19 Certificates

representatives.

2.1.4 The CCT’s right to accept or reject any tender offer

2.1.4.1 The CCT may accept or reject any tender offer and may cancel the corresponding tender process or

reject all tender offers at any time before the formation of a contract. The CCT may, prior to the award

of the tender, cancel a tender if:

(a) due to changed circumstances, there is no longer a need for the services, works or goods requested;

or

(b) funds are no longer available to cover the total envisaged expenditure; or

(c) no acceptable tenders are received;

(d) there is a material irregularity in the tender process; or

(e) the Parties are unable to negotiate market related pricing.

Tenderers who wish to register on the CCT’s Supplier Database may collect registration forms from the

Supplier Management Unit located within the Supplier Management / Registration Office, 2nd Floor (Concourse

Level), Civic Centre, 12 Hertzog Boulevard, Cape Town (Tel 021 400 9242/3/4/5). Registration forms and

related information are also available on the CCT’s website www.capetown.gov.za (follow the Supply Chain

Management link to Supplier registration).

It is each tenderer’s responsibility to keep all the information on the CCT Supplier Database updated.

2.1.8 National Treasury Web Based Central Supplier Database (CSD) Registration

Tenderers are required to be registered on the National Treasury Web Based Central Supplier Database (CSD)

as a service provider. Tenderers must register as such upon being requested to do so in writing and within the

period contained in such a request, failing which no orders can be raised or payments processed from the

resulting contract. In the case of Joint Venture partnerships this requirement will apply individually to each

party of the Joint Venture.

Tenderers who wish to register on the National Treasury Web Based Central Supplier Database (CSD) may

do so via the web address https://secure.csd.gov.za.

It is each tenderer’s responsibility to keep all the information on the National Treasury Web Based Central

Supplier Database (CSD) updated.

2.2 Tenderer’s obligations

2.2.1 Eligibility Criteria

2.2.1.1 Tenderers are obligated to submit a tender offer that complies in all aspects to the conditions

as detailed in this tender document and the Conditions of Tender. An ‘acceptable tender must

"COMPLY IN ALL” aspects with the tender, Conditions of Tender, all Specifications (i.e., item

C.5 below, hereinafter the “Specifications”), pricing instructions herein and the Contract

including its conditions.

2.2.1.1.1 Submit a tender offer

one week before the closing time stated in the General Tender Information (i.e., in item T.1 above), where

possible.

2.2.9 Pricing the tender offer

2.2.9.1 The tenderer shall comply with all pricing instructions as stated on the Price Schedule.

2.2.10 Alterations to documents

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 CCT to clarify the actual requirements of anything in the Specifications and Price

or withdrawal of any material deviation or qualification.

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

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

2.3.8 Arithmetical errors, omissions and discrepancies

2.3.8.1 Check the responsive tenders 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.

2.3.8.2 The CCT must correct the arithmetical errors in the following manner:

a) Where there is a discrepancy between the amounts in words and amounts in figures, the

amount in words shall govern.

b) If 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.

item total as tendered shall govern, and the unit rate shall be corrected.

c) 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 Price

Schedules apply) to achieve the tendered total of the prices.

arithmetical error in the manner described above.

2.3.8.3 In the event of tendered rates or lump sums being declared by the CCT 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 CCT 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.

2.3.10.3 Scoring of tenders (price and preference)

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

price per item / rates as set out in the Price Schedule (Schedule C4):

• Based on the sum of the prices/rates in relation to a typical project/job.]

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

and the table in this clause.

2.3.10.3.3 The terms and conditions of Preference Schedule as it relates to preference shall apply in all

respects to the tender evaluation process and any subsequent contract.

2.3.10.3.4 Applicable formula:

The 80/20 preference point system will apply to this tender

The 80/20 price/preference points system will be applied to the evaluation of responsive tenders up to and

including a Rand value of R50’000’000 (all applicable taxes included), whereby the order(s) will be placed with

the tenderer(s) scoring the highest total number of adjudication points.

1. confirms that it has examined the documents listed in the Index (including Schedules and

Annexures) and has accepted all the Conditions of Tender;

2. confirms that it has received and incorporated any and all notices issued to tenderers issued by the

Cct;

3. confirms that it has satisfied itself as to the correctness and validity of the tender offer; that the

price(s) and rate(s) offered cover all the goods and/or services specified in the tender documents;

that the price(s) and rate(s) cover all its obligations and accepts that any mistakes regarding price(s),

rate(s) and calculations will be at its own risk;

4. 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 CCT in accordance with the:

4.1 terms and conditions stipulated in this tender document;

4.2 specifications stipulated in this tender document; and

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

5. accepts full responsibility for the proper execution and fulfilment of all obligations and conditions

devolving on it in terms of the Contract.

Signed at _______________ (place) on the _____ (day) of__________________ (month and

Year)

___________________________ _________________

For and on behalf of the Supplier Witness 1 Signature

(Duly Authorised) Name and Surname:

tax compliance with SARS

tax compliance

Tax Compliance Status PIN issued by

Tax Compliance Status PIN number on the Details

Tax Compliance Status Pin

tax compliance status

tax compliance submitted by the bidder must be verified by the

tax compliance within the timeframe stated herein

tax compliance status with SARS

Central Supplier Database (CSD) Registration

Central Supplier Database (CSD)

Central Supplier Database (CSD) may

Central Supplier Database (CSD) updated

Central Supplier Database registration number (See

joint venture agreements), preferencing

Tenderers who wish to register on the National Treasury Web Based Central Supplier Database (CSD) may

do so via the web address https://secure.csd.gov.za.

Supplier Database (CSD) updated.

d) A completed Declaration of Interest – State Employees to be provided and which does not

2.3.6 Grounds for rejection and disqualification

documents without material deviation or qualification. A material deviation or qualification is one which,

or withdrawal of any material deviation or qualification.

2.2.19.2 Evidence of tax compliance

responsibility of the Tenderer to submit evidence in the form of a valid Tax Compliance Status PIN issued by

or included with this tender. The tenderer must record its Tax Compliance Status PIN number on the Details

Each party to a Consortium/Joint Venture shall submit a separate Tax Compliance Status Pin.

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

Schedule F.5: Declaration of Interest – State Employees (MBD 4 amended) ............................................................ 84

Schedule F.7: Declaration of Tenderer’s Past Supply Chain Management Practices (MBD 8) .................................. 87

Schedule F.10: Proposed Deviations And Qualifications By Tenderer ........................................

B-BBEE Details: d by the CCT for the duration of any subsequent

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

the CCT 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 CCT Official to collect

their samples, save in the aforementioned instances where the samples would not be returned.

2.2.19 Certificates

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

2.2.19.1. Preference Points for Specific Goals

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

sufficient, relevant and verifiable documentary proof in support of any claim for preference points.

Failure to submit adequate and verifiable evidence may result in the non-awarding of preference points

claimed.

Tenderers are further referred to the Preference Schedule for the detailed methodology, scoring criteria, and

conditions applicable to the allocation of preference points for Specific Goals.”

2.2.19.2 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 submit evidence in the form of a valid Tax Compliance Status PIN issued by

SARS to the CCT at the Supplier Management Unit located within the Supplier Management / Registration

Office, 2nd Floor (Concourse Level), Civic Centre, 12 Hertzog Boulevard, Cape Town (Tel 021 400 9242/3/4/5),

or included with this tender. The tenderer must record its Tax Compliance Status PI

Processing of the latter Personal Information by the CCT’s due diligence assurance provider,

professional advisors and the Appeal Authority as applicable. The CCT’s justification for the

processing of such aforesaid Personal Information is based on section 11(1)(b) of POPIA, i.e., in terms

of which the CCT’s Processing of the said Personal Information is necessary to carry out actions for

the conclusion and/or performance of the contract, to which the applicable data subject (envisaged in

this clause 2.1.6.6 above) is a party.

Via hand delivery at: 20th Floor, Tower Block, 12 Hertzog Boulevard, Cape Town 8001

Via post at: Private Bag X9181, Cape Town, 8000

Via email at: [email protected].

2.1.6.7 Compliance to the CCTs Appeals Policy.

In terms of the CCT’s Appeals Policy, a fixed upfront administration fee will be charged. In addition, a

surcharge may be imposed for vexatious and frivolous or otherwise manifestly inappropriate tender

related appeals.

The current approved administration fee is R300.00 and may be paid at any of the Municipal Offices

or at the Civic Centre in Cape Town using the GL Data Capture Receipt attached as

Annexure F.13: Appeal Application Form. Alternatively, via EFT into the CCT’s NEDBANK Account:

CITY OF CAPE TOWN and using Reference number: 198158966. You are required to send proof of

payment when lodging your appeal.

appeals will be calculated as 1⁄2 (Administrative cost of the tender appeal) + 0.25 %( Appellant’s tender

price).

Should the payment of the administration fee of R300.00 or the surcharge not be received, such fee

or surcharge will be added as a Sundry Tariff to the bidder’s municipal account.

the service publications 20

provider

0 points - 0 to 2 years

5 points – More than 2 up to 3 years

10 points – More than 3 up to 4 years

15 points – More than 4 up to 5 years

20 points – More than 5 years

Experience of Industry awards won for published corporate publications or newsletters in 10

the service the last 10 years. (Please provide proof)

provider

No awards – 0 points

One Award – 3 points

Two Awards – 6 points

Three or more – 10 points

accessible to the reader, e.g. level of headings, grid,

justification, less story per page, doglegs, word breaks,

justification)

• Creativity:

Catchy and short headlines, appropriate intros (relevance to

subject matter), interesting crossheads. Interesting and complete

captions – same style used throughout.

• Graphic elements:

Choice of photography – quality of pics (focus, colourisation,

relevance to topic), applicability of photographs.

• Graphic use:

may be regarded by the CCT as non-responsive.

2.2.14 Closing time

2.2.14.1 The tenderer shall ensure that the CCT receives the tender offer, together with all applicable

documents specified herein, at the address specified in the General Tender Information herein prior

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

2.2.14.2 If the CCT 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.

2.2.14.3 The CCT shall not consider tenders that are received after the closing date and time for such a tender

(late tenders).

2.2.15 Tender offer validity and withdrawal of tenders

2.2.15.1 The tenderer shall warrant that the tender offer(s) remains valid, irrevocable and open for acceptance

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

tender document.

2.2.15.2 Notwithstanding the period stated in clause 2.2.15.1 above, bids shall remain valid for acceptance for

a period of twelve (12) months after the expiry of the original validity period, unless the CCT is notified

in writing of anything to the contrary by the bidder. The validity of bids may be further extended by a

period of not more than six months subject to mutual agreement by the parties, administrative

processes and upon approval by the City Manager, unless the required extension is as a result of an

appeal process or court ruling.

register for a tax compliance status with SARS.

2.2.20 Compliance with Occupational Health and Safety Act,

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.

2.2.21 Claims arising from submission of tender

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

fraudulent practices.

2.3.7 Test for responsiveness

2.3.7.1 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.

2.3.7.2 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 CCT's opinion, would:

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

identified in the Specifications,

b) Significantly change the CCT's or the tenderer's risks and responsibilities under the contract,

or

c) affect the competitive position of other tenderers presenting responsive tenders, if it were to

be rectified.

Table B1: Awards above R750 000 and up to R50 mil (VAT Inclusive)

# Specific goals allocated points Preference

Points (80/20)

Reconstruction and Development Programme (RDP) as

publishedinGovernmentGazette

1 PromotionofMicroandSmallEnterprises 8

MicrowithaturnoveruptoR20millionandSmallwithaturnoverupto

R80millionasperNationalSmallEnterpriseAct,1996(ActNo.102of

1996)

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

2.3.11 Negotiations with preferred tenderers

A metropolitan municipality, established in terms of the Local Government: Municipal Structures Act,

read with the Province of the Western Cape: Provincial Gazette 5588 dated 22 September

2000, as amended (“the Purchaser”) herein represented by

Authorised representative director: communication

The tender................................................................................................................................................................ 3

T.1 General tender information ............................................................................................................................. 3

T.2 Conditions of tender ........................................................................................................................................... 4

2.1 General.................................................................................................................................................................. 4

2.2 Tenderer’s obligations .......................................................................................................................................... 7

2.3 The CCT’s undertakings ....................................................................................................................................... 17

The contract ......................................................................................................................................................... 24

C.1 Details of tenderer/supplier ........................................................................................................................... 26

C.2 Form of offer and acceptance ........................................................................................................................ 27

C.2.1 Offer (to be completed by the tenderer as part of tender submission) .................................................................. 27

C.2.2 Acceptance (to be completed by the cct) .............................................................................................................. 28

C.2.3 Schedule of deviations (to be completed by the cct upon acceptance) .................................................................. 29

C.2.4 Confirmation of receipt (to be completed by supplier upon acceptance)................................................................ 30

C.3 Occupational health and safety agreement ............................................................................................... 31

C.4 Price schedule ..................................................................................................................................................... 32

C.5 Specification(s) .................................................................................................................................................... 37

C.6 Special conditions of contract ...................................................................................................................... 46

C.7 General conditions of contract .................................................................................................................... 56

C.8 Annexures ............................................................................................................................................................ 66

Annexure a – pro forma insurance broker’s warranty ................................................................................................. 66

Annexure b – monthly project labour report ............................................................................................................... 67

Annexure c - pro forma performance security/ guarantee ........................................................................................... 69

Annexure d - pro forma advance payment guarantee ................................................................................................... 70

Annexure f - tender returnable documents ................................................................................................................... 72

Schedule F.1: Contract Price Adjustment .................................................................................................................. 72

Schedule F.2: Certificate of Authority for Partnerships/ Joint Ventures/ Consortiums ............................................. 73

Schedule F.3: Declaration for Procurement above R10 million ................................................................................. 74

Schedule F.4: Preference Points Claim Form In Terms Of the Preferential Procurement Regulations 2022 ............. 75

Schedule F.5: Declaration of Interest – State Employees (MBD 4 amended) ............................................................ 84

Schedule F.6: Conflict of Interest Declaration ........................................................................................................... 86

Schedule F.7: Declaration of Tenderer’s Past Supply Chain Management Practices (MBD 8) .................................. 87

Schedule F.8: Authorisation for the Deduction of Outstanding Amounts Owed to the CCT ..................................... 89

Schedule F.9: Certificate of Independent Tender Determination .............................................................................. 90

Schedule F.10: Proposed Deviations And Qualifications By Tenderer ....................................................................... 91

Schedule F.11: List of Other Documents Attached By Tenderer ................................................................................ 92

Schedule F.12: Record of Addenda to Tender Documents ........................................................................................ 93

Schedule F.13: Information to Be Provided With the Tender .................................................................................... 94

Schedule F.13.1: CURRICULUM VITAE TEMPLATE ..................................................................................................... 95

Schedule F.14: Appeal Application ............................................................................................................................ 96

2.1.5.3 Nomination of Standby Bidder

“Standby Bidder” means a bidder, identified by the CCT at the time of awarding a bid that will be

considered for award should the contract be terminated for any reason whatsoever. In the event that

a contract is terminated during the execution thereof, the CCT may consider the award of the contract,

or non-award, to the Standby Bidder in terms of the procedures included its SCM Policy, as amended

from time to time.

2.1.6 Objections, complaints, queries and disputes/ Appeals in terms of Section 62 of the Systems

2.1.6.1 Disputes, objections, complaints and queries

In terms of Regulations 49 and 50 of the Local Government: Municipal Finance Management Act, Municipal Supply Chain Management Regulations (Board Notice ):

a) Persons aggrieved by decisions or actions taken by the CCT in the implementation of its supply chain

management system, may lodge within 14 days of the decision or action, a written objection or

complaint or query or dispute against the decision or action.

2.1.6.2 Appeals

a) In terms of Section 62 of the Local Government: Municipal Systems Act, a person

whose rights are affected by a decision taken by the CCT, may appeal against that decision by

giving written notice of the appeal and reasons to the City Manager within 21 days of the date of

the notification of the decision.

b) An appeal must contain the following:

i. Must be in writing

ii. It must set out the reasons for the appeal

iii. It must state in which way the Appellant’s rights were affected by the decision;

iv. It must state the remedy sought; and

v. It must be accompanied with a copy of the notification advising the person of the decision

c) The relevant CCT appeal authority must consider the consider the appeal and may confirm, vary or

revoke the decision that has been appealed, but no such revocation of a decision may detract from

any rights that may have accrued as a result of the decision.

2.1.6.3 Right to approach the courts and rights in terms of Promotion of Administrative Justice Act, and Promotion of Access to Information Act,

The sub- clauses above do not influence any affected person’s rights to approach the High Court at

any time or its rights in terms of the Promotion of Administrative Justice Act (PAJA) and Promotion of

Access to Information Act (PAIA).

2.1.6.4 All requests referring to sub clauses 2.1.6.1 and 2.1.6.2 must be submitted in writing to:

The City Manager - C/o the Manager: Legal Compliance Unit, Legal Services Department, Office of

the City Manager

Via hand delivery at: 20th Floor, Tower Block, 12 Hertzog Boulevard, Cape Town 8001

Via post at: Private Bag X918, Cape Town, 8000

Via email at: [email protected]

2.1.6.5 All requests referring to clause 2.1.6.3 must be submitted in writing to:

The City Manager - C/o the Manager: Access to Information Unit, Legal Service Department, Office

of the City Manager

Via hand delivery at: 20th Floor, Tower Block, 12 Hertzog Boulevard, Cape Town 8001

Via post at: Private Bag X918, Cape Town, 8000

Via email at: [email protected]

2.1.6.6 The minimum standards regarding accessing and 'processing' of any personal information

belonging to another in terms of Protection of Personal Information Act, 2013 (POPIA).

For purposes of this clause 2.1.6.6, the contract and these Conditions of Tender, the terms “data

subject”, “Personal Information” and “Processing” shall have the meaning as set out in section 1 of

POPIA, and “Process” shall have the corresponding meaning.

practises that renders the tender non-responsive based on the conditions contained thereon

(applicable schedules below to be completed);

f) A completed Certificate of Independent Bid Determination to be provided and which does

not indicate any non-compliance with the requirements of the schedule (applicable schedule

below to be completed);

g) The tenderer (including any of its representatives, directors or members), has not been

restricted in terms of abuse of the Supply Chain Management Policy,

h) The tenderer’s tax matters with SARS are in order, or the tenderer is a foreign supplier that is

not required to be registered for tax compliance with SARS;

i) The tenderer is not an advisor or consultant contracted with the CCT whose prior or current

obligations creates any conflict of interest or unfair advantage;

j) The tenderer is not a person, advisor, corporate entity or a director of such corporate entity,

who is directly or indirectly involved or associated with the bid specification committee;

k) A completed Authorisation for the Deduction of Outstanding Amounts Owed to the CCT

to be provided and which does not indicate any details that renders the tender non-responsive

based on the conditions contained thereon (applicable schedules below to be completed);

l) The tenderer (including any of its representatives, directors or members), has not been found

guilty of contravening the Competition Act , as amended from time to time;

m) The tenderer (including any of its representatives, directors or members), has not been found

guilty on any other basis listed in the Supply Chain Management Policy.

2.2.1.1.3 Compulsory clarification meeting

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 CCT at once to have the same rectified.

2.2.4 Confidentiality and copyright of documents

awarded, the tender process is considered “completed”, despite there being no decision (award or

cancellation) made. This anomaly does not fall under any of the listed grounds of cancellation and

should be treated as a "non award". A “non award” is supported as a recommendation to the CCT’s

Bod Adjudication Committee (“BAC”) for noting.

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

withdrawal will be permitted or refused at the sole discretion of the CCT 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 CCT for any additional expense incurred or losses suffered by the CCT

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 CCT 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 CCT shall be

entitled to retain such monies, guarantee or deposit as security for any such expenses or loss,

without prejudice to the CCT’s other rights and/or remedies available to it in accordance with

any applicable laws.

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

Tenderer’s shall promptly provide clarification of its tender offer, or additional information, in response to a

written request to do so from the CCT 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.

Note: 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 CCT elect to do so.

in the CCT’s written request may render the tender non-responsive.

2.2.17 Provide other material

2.2.17.1 Tenderer’s shall promptly provide, upon request by the CCT, 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 CCT 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 be provided, by the time for submission stated in the CCT’s request, the CCT may regard

the tender offer as non-responsive.

2.2.17.2 The tenderer shall provide, on written request by the CCT, 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.

notify the CCT tender representative thereof that they are participating in the tender. The CCT accepts no

liability for any tender notices or addendums not reaching any bidders, who obtained documents through any

means other than described herein or who provided incorrect contact details to the CCT.”

2.3 The CCT’s undertakings

2.3.1 Respond to requests from the tenderer

2.3.1.1 Unless otherwise stated in the Conditions of Tender, the CCT shall 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.

2.3.1.2 The CCT’s duly authorised representative for the purpose of this tender is stated on the General Tender

2.3.10 Evaluation of tender offers

2.3.10.1 General

2.3.10.1.1 The CCT may 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 Conditions of Tender.

2.3.10.1.2 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 CCT 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).

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

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 City 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 CCT.

in the Tender Returnable Documents as well as any changes to the terms of the offer agreed by the tenderer

and the CCT 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 the Schedule of Deviations.

The Supplier shall within 2 (two) weeks after receiving a complete, copy of the Contract, including the Scheduleof Deviations (if any),ONLYcontact the CCT to arrangeTOthe delivery ofBEany securities, bonds, guarantees, proof of

insurance and any other documents to be provided in terms the Special Conditions of Contract. Failure to fulfil

any of these obligations in accordance with those terms shall constitute a repudiation / breach of the

agreement. COMPLETED ATNotwithstanding anything contained herein, this agreement comes into effect on the Commencement Date,

being the date upon which the Supplier confirms receipt from the CCT of 1 (one) complete, signed copy of the

Contract, including amendments or deviations contained in the Schedule of Deviations (if any).ACCEPTANCE STAGE

___________________________ _________________

For and on behalf of the City of Cape Town Witness 1 Signature

(Duly Authorised) Name and Surname: