s - Ethekwini Metropolitan

Returnable Documents:

No specific requirements found B-BBEE Minimum Level: Four B-BBEE Details: Procurement Policy The objective criteria will be applied in the flowing manner: Framework Act is to give 1)The demographic profile of property ownership or access to property will be effect to Section 25 assessed using the Municipality’s lease register in relation to the location of the (5) of the subject property and the level of participation in the sector. Preference will be Constitution of the given to the most underrepresented groups within that property profile. The Republic of South graph depicted under Annexure A on represents the current Africa demographic profile of existing leases that would apply to this bid. • Bidders must score a minimum of 70 points for Functionality Evaluation in order to qualify for further evaluation in Price and Preference Goal and the Objective Criteria. Tender(s) received need to be evaluated firstly in terms of the functionality evaluation and thereafter in terms of preference point system. Once the highest points scorer has been ascertained only then the objective criteria will be applied. 4.18 Award of where Bidders have Scored Equal Points Overall 1. In the event that two or more bids have scored equal total points, the successful bid will be the one scoring highest points for specific goals. 2. However, when functionality is part of the evaluation process and two or more bids have scored equal points including equal points for special goals, the successful bid will be the one scoring the highest score for functionality. 3. Should two or more bids be equal in all respects; the award will be decided by the drawing of lots. CONTRACT NO. 31164 - 7E : REQUEST FOR PROPOSAL FOR THE LONG-TERM LEASING AND DEVELOPMENT OF PROPOSED ERF 517 MOBENI (SITUATED ON REM OF ERF 1 MOBENI) AS DEPICTED SJ PLAN NO. 4801/9 MEASURING 6.2553Ha 5. DECLARATION WITH REGARD TO COMPANY/FIRM 5.1. Name of company/ firm:........................................................................ 5.2. VAT registration number:...................................................................... 5.3. Company registration number:............................................................... 5.4. TYPE OF COMPANY/ FIRM Partnership/Joint Venture / Consortium One person business/sole propriety Close corporation Company (Pty) Limited Non-Profit Company  State Owned Company [TICK APPLICABLE BOX] 5.5. DESCRIBE PRINCIPAL BUSINESS ACTIVITIES ................................................................................................................................. ................................................................................................................................. ................................................................................................................................. .................................................................. 5.6. COMPANY CLASSIFICATION Manufacturer Supplier Professional service provider Other service providers, e.g. transporter, etc. Property Development /Management . [TICK APPLICABLE BOX] 5.7. MUNICIPAL INFORMATION Municipality where business is situated: ........................................................... Registered Account Number: ............................... Stand Number: ................................................. 5.8. Total number of years the company/firm has been in business :.............................. CONTRACT NO. 31164 - 7E : REQUEST FOR PROPOSAL FOR THE LONG-TERM LEASING AND DEVELOPMENT OF PROPOSED ERF 517 MOBENI (SITUATED ON REM OF ERF 1 MOBENI) AS DEPICTED SJ PLAN NO. 4801/9 MEASURING 6.2553Ha I, the undersigned, who warrants that I am authorised to sign on behalf of the Tenderer and certify that the points claimed, based on the specific goals as specified in the tender, qualifies the tendering entity for the preference(s) shown. I acknowledge that: 1) The information furnished is true and correct. 2) The preference points claimed are in accordance with the General Conditions as indicated in paragraph 1 of this form. 3) In the event of a contract being awarded as a result of points claimed as shown in paragraphs 1.4 and 4.2, the contractor may be required to furnish documentary proof to the satisfaction of the organ of state that the claims are correct. 4) If the specific goals have been claimed or obtained on a fraudulent basis, or any of the conditions of contract have not been fulfilled, the organ of state may, in addition to any other remedy it may have: (a) disqualify the person from the tendering process. (b) recover costs, losses or damages it has incurred or suffered as a result of that person’s conduct. (c) cancel the contract and claim any damages which it has suffered as a result of having to make less favourable arrangements due to such cancellation. (d) recommend that the tenderer or contractor, its shareholders and directors, or only the shareholders and directors who acted on a fraudulent basis, be restricted from obtaining business from any organ of state for a period not exceeding 10 years, after the audi alteram partem (hear the other side) rule has been applied; and (e) forward the matter for criminal prosecution, if deemed necessary. WITNESSES 1................................. .............................................. SIGNATURE(S) OF BIDDERS(S) 2................................. CONSTITUTIONAL COURT JUDGEMENT Pursuant to the Constitutional Court judgement which declared Preferential Procurement Regulation 2017 (Regulations) invalid and no force and effect, this procurement document abides by the court order and any reference made to the said Regulations is hereby revoked and replaced by Preferential Procurement Policy Framework Act of 2000. CONTRACT NO. 31164 - 7E : REQUEST FOR PROPOSAL FOR THE LONG-TERM LEASING AND DEVELOPMENT OF PROPOSED ERF 517 MOBENI (SITUATED ON REM OF ERF 1 MOBENI) AS DEPICTED SJ PLAN NO. 4801/9 MEASURING 6.2553Ha MBD 7: BIDDERS INFORMATION Name of Bidder ID /Passport/ Registration Number Nature of Natural Person/ Sole bidder (tick Proprietor one School/NGO/Trust Company/ CC/ Partnership Joint Venture (JV) Postal Address Tel Cell Email Fax BIDDER BANKING DETAILS Name of bidder’s Banker Contact details of banker I ................................................................................................................................. (“The Bidder”). in my capacity as ..................................................................................................hereby submit a proposal in the preceding document. I have read the Proposal Call Document in full and hereby submit the MBDs in accordance with the conditions stated in the document, and further declare under oath that the information contained in the MBDs is to the best of my knowledge true and correct. I further state as follows: Signed and sworn at ______________________ on this ________day of _______________ by the Bidder (s) who has stated that: He/she knows and understands the contents hereof and that it is true and correct; He/she has no objection to taking the prescribed oath; and That he /she regards the prescribed oath as binding on his/her conscience That the provisions of the regulations contained in Government Notice Rst July 1972 (as amended) have been complied with. __________________________________________________________________________ Bidder (s) Signed before me __________________________________________________________________________ COMMISIONER OF OATHS CONTRACT NO. 31164 - 7E : REQUEST FOR PROPOSAL FOR THE LONG-TERM LEASING AND DEVELOPMENT OF PROPOSED ERF 517 MOBENI (SITUATED ON REM OF ERF 1 MOBENI) AS DEPICTED SJ PLAN NO. 4801/9 MEASURING 6.2553Ha MBD 8: DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES 1 This Municipal Bidding Document must form part of all bids invited. 2 It serves as a declaration to be used by municipalities and municipal entities in ensuring that when goods and services are being procured, all reasonable steps are taken to combat the abuse of the supply chain management system. 3 The bid of any bidder may be rejected if that bidder, or any of its directors have: a. abused the municipality’s / municipal entity’s supply chain management system or committed any improper conduct in relation to such system; b. been convicted for fraud or corruption during the past five years; c. willfully neglected, reneged on or failed to comply with any government, municipal or other public sector contract during the past five years; or d. been listed in the Register for Tender Defaulters in terms of section 29 of the Prevention and Combating of Corrupt Activities Act (No ). 4 In order to give effect to the above, the following questionnaire must be completed and submitted with the bid. Item Question Yes No 4.1 Is the bidder or any of its directors listed on the National Treasury’s Yes No Database of Restricted Suppliers as companies or persons prohibited from doing business with the public sector? (Companies or persons who are listed on this Database were informed in writing of this restriction by the Accounting Officer/Authority of the institution that imposed the restriction after the audi alteram partem rule was applied). The Database of Restricted Suppliers now resides on the National Treasury’s website(www.treasury.gov.za) and can be accessed by clicking on its link at the bottom of the home page. 4.1.1 If so, furnish particulars: 4.2 Is the bidder or any of its directors listed on the Register for Tender Yes No Defaulters in terms of section 29 of the Prevention and Combating of Corrupt Activities Act (No )? The Register for Tender Defaulters can be accessed on the National Treasury’s website (www.treasury.gov.za) by clicking on its link at the bottom of the home page. 4.2.1 If so, furnish particulars: CONTRACT NO. 31164 - 7E : REQUEST FOR PROPOSAL FOR THE LONG-TERM LEASING AND DEVELOPMENT OF PROPOSED ERF 517 MOBENI (SITUATED ON REM OF ERF 1 MOBENI) AS DEPICTED SJ PLAN NO. 4801/9 MEASURING 6.2553Ha 4.3 Was the bidder or any of its directors convicted by a court of law Yes No (including a court of law outside the Republic of South Africa) for fraud or corruption during the past five years? 4.3.1 If so, furnish particulars: Item Question Yes No 4.4 Does the bidder or any of its directors owe any municipal rates and Yes No taxes or municipal charges to the municipality / municipal entity, or to any other municipality / municipal entity, that is in arrears for more than three months? 4.4.1 If so, furnish particulars: 4.5 Was any contract between the bidder and the municipality / municipal Yes No entity or any other organ of state terminated during the past five years on account of failure to perform on or comply with the contract? 4.7.1 If so, furnish particulars: CERTIFICATION I, THE UNDERSIGNED (FULL NAME) ....................................................... CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM TRUE AND CORRECT. I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT, ACTION MAY BE TAKEN AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE. ................................................ ................................ Signature Date .............................................. ................................ Position Name of Bidder CONTRACT NO. 31164 - 7E : REQUEST FOR PROPOSAL FOR THE LONG-TERM LEASING AND DEVELOPMENT OF PROPOSED ERF 517 MOBENI (SITUATED ON REM OF ERF 1 MOBENI) AS DEPICTED SJ PLAN NO. 4801/9 MEASURING 6.2553Ha MBD 9: CERTIFICATE OF INDEPENDENT BID DETERMINATION 1 This Municipal Bidding Document (MBD) must form part of all bids1 invited. 2 Section 4 (1) (b) (iii) of the Competition Act No. , as amended, prohibits an agreement between, or concerted practice by, firms, or a decision by an association of firms, if it is between parties in a horizontal relationship and if it involves collusive bidding (or bid rigging).2 Collusive bidding is a pe se prohibition meaning that it cannot be justified under any grounds. 3 Municipal Supply Regulation 38 (1) prescribes that a supply chain management policy must provide measures for the combating of abuse of the supply chain management system, and must enable the accounting officer, among others, to: a. take all reasonable steps to prevent such abuse; b. reject the bid of any bidder if that bidder or any of its directors has abused the supply chain management system of the municipality or municipal entity or has committed any improper conduct in relation to such system; and c. cancel a contract awarded to a person if the person committed any corrupt or fraudulent act during the bidding process or the execution of the contract. 4 This MBD serves as a certificate of declaration that would be used by institutions to ensure that, when bids are considered, reasonable steps are taken to prevent any form of bid-rigging. 5 In order to give effect to the above, the attached Certificate of Bid Determination (MBD 9) must be completed and submitted with the bid. 1 Includes price quotations, advertised competitive bids, limited bids and proposals. 2 Bid rigging (or collusive bidding) occurs when businesses, that would otherwise be expected to compete, secretly conspire to raise prices or lower the quality of goods and / or services for purchasers who wish to acquire goods and / or services through a bidding process. Bid rigging is, therefore, an agreement between competitors not to compete. CONTRACT NO. 31164 - 7E : REQUEST FOR PROPOSAL FOR THE LONG-TERM LEASING AND DEVELOPMENT OF PROPOSED ERF 517 MOBENI (SITUATED ON REM OF ERF 1 MOBENI) AS DEPICTED SJ PLAN NO. 4801/9 MEASURING 6.2553Ha MBD 9: CERTIFICATE OF INDEPENDENT BID DETERMINATION I, the undersigned, in submitting the accompanying bid: ________________________________________________________________________ (Bid Number and Description) in response to the invitation for the bid made by: ______________________________________________________________________________ (Name of Municipality / Municipal Entity) do hereby make the following statements that I certify to be true and complete in every respect: I certify, on behalf of:_______________________________________________________that: (Name of Bidder) 1. I have read and I understand the contents of this Certificate; 2. I understand that the accompanying bid will be disqualified if this Certificate is found not to be true and complete in every respect; 3. I am authorized by the bidder to sign this Certificate, and to submit the accompanying bid, on behalf of the bidder; 4. Each person whose signature appears on the accompanying bid has been authorized by the bidder to determine the terms of, and to sign, the bid, on behalf of the bidder; 5. For the purposes of this Certificate and the accompanying bid, I understand that the word “competitor” shall include any individual or organization, other than the bidder, whether or not affiliated with the bidder, who: (a) has been requested to submit a bid in response to this bid invitation; (b) could potentially submit a bid in response to this bid invitation, based on their qualifications, abilities or experience; and (c) provides the same goods and services as the bidder and/or is in the same line of business as the bidder 6. The bidder has arrived at the accompanying bid independently from, and without consultation, communication, agreement or arrangement with any competitor. However communication between partners in a joint venture or consortium3 will not be construed as collusive bidding. CONTRACT NO. 31164 - 7E : REQUEST FOR PROPOSAL FOR THE LONG-TERM LEASING AND DEVELOPMENT OF PROPOSED ERF 517 MOBENI (SITUATED ON REM OF ERF 1 MOBENI) AS DEPICTED SJ PLAN NO. 4801/9 MEASURING 6.2553Ha 7. In particular, without limiting the generality of paragraphs 6 above, there has been no consultation, communication, agreement or arrangement with any competitor regarding: (a) prices; (b) geographical area where product or service will be rendered (market allocation); (c) methods, factors or formulas used to calculate prices; (d) the intention or decision to submit or not to submit, a bid; (e) the submission of a bid which does not meet the specifications and conditions of the bid; or (f) bidding with the intention not to win the bid. 8. In addition, there have been no consultations, communications, agreements or arrangements with any competitor regarding the quality, quantity, specifications and conditions or delivery particulars of the products or services to which this bid invitation relates. 9. The terms of the accompanying bid have not been, and will not be, disclosed by the bidder, directly or indirectly, to any competitor, prior to the date and time of the official bid opening or of the awarding of the contract. 3 Joint venture or Consortium means an association of persons for the purpose of combining their expertise, property, capital, efforts, skill and knowledge in an activity for the execution of a contract. 10. I am aware that, in addition and without prejudice to any other remedy provided to combat any restrictive practices related to bids and contracts, bids that are suspicious will be reported to the Competition Commission for investigation and possible imposition of administrative penalties in terms of section 59 of the Competition Act No and or may be reported to the National Prosecuting Authority (NPA) for criminal investigation and or may be restricted from conducting business with the public sector for a period not exceeding ten (10) years in terms of the Prevention and Combating of Corrupt Activities Act No or any other applicable legislation. ......................................................... ....................................... Signature Date .......................................................... ....................................... Position Name of Bidder CONTRACT NO. 31164 - 7E : REQUEST FOR PROPOSAL FOR THE LONG-TERM LEASING AND DEVELOPMENT OF PROPOSED ERF 517 MOBENI (SITUATED ON REM OF ERF 1 MOBENI) AS DEPICTED SJ PLAN NO. 4801/9 MEASURING 6.2553Ha MBD 10: STANDARD CONDITIONS OF SUBMISSION The following conditions apply to all bids submitted: • All bids must be submitted in compliance with the Bid Specifications specified in MBD 12. • The property is made available in accordance with the information and stipulations contained in REU MBD 13. • The bidder(s) will be deemed to be familiar with the state, real rights registered against the property, the zoning and locality of the property. SELECTION CRITERIA Failure to meet the following requirements will invalidate the bid: • Failure to meet the mandatory requirements. • Any rental offer below the reserve price. • Bids that deviate from tender specifications. • Any proposal that does not include development of the land or the proposed usage is not in line with the zoning of the property. • Any development proposal that is outside the scope of this tender. • Any bidder or its directors who was previously awarded a development lease and that they are yet to fully comply with the suspensive conditions of the lease. • Non-commissioning of MBD 7 and non-signature of the Municipal Bidding Documents (MBD’s). NB: Failure to comply with the above will result in the bid not being evaluated for Stage 1 and stage 2 CONDITIONS OF SUBMISSION FOR REQUEST FOR PROPOSAL • Tax Clearance Certificate, valid on the closing date of the bid, or exemption to pay taxes as issued by the South African Revenue Services (SARS) or Valid Tax Compliant Verification PIN number issued by SARS. • Proof of registration of the Entity as follows: • Natural persons- certified copy of ID document/ passport • Partnership- copy of Partnership Agreement plus IDs of all partners • Company- current CM29/COR 20.1 • Close Corporation- current copy of CK1 and/or CK2C and/or COR 20.1 • Trust- letter of appointment from the Master of the High Court of SA and deed of trust • JV/Consortium- JV/Consortium Agreement plus CIPC and/or ID documents of all JV/Consortium partners • Entity valid BBBEE Certificate issued by agency accredited by SANAS /Valid Sworn affidavit or valid BBBEE certificate • JV/Consortium issued by agency accredited by SANAS or BBBEE Certificate from CIPC. CONTRACT NO. 31164 - 7E : REQUEST FOR PROPOSAL FOR THE LONG-TERM LEASING AND DEVELOPMENT OF PROPOSED ERF 517 MOBENI (SITUATED ON REM OF ERF 1 MOBENI) AS DEPICTED SJ PLAN NO. 4801/9 MEASURING 6.2553Ha