Tenders will be checked for compliance with the ELIGIBILITY requirements, as specified in the
Tender Data: C.2.1. Tenders not in compliance will be deemed non-responsive.
Functionality
FUNCTIONALITY will not be used in the evaluation of tenders.
Preference Point System
The procedure for the evaluation of responsive tenders is PRICE AND PREFERENCE, in
accordance with the Employer’s SCM Policy: Section 52: Preferential Procurement.
The 80/20 preference points system, for requirements with a Rand value of up to R50,000,000 (all
applicable taxes included), will be applied. The Formula used to calculate the Price Points (max.
will be according to that specified below.
Price Points
The 80/20 preference points system will be applied. The Formula used to calculate the Price Points
(max. 80) will be according to that specified Regulation 4.(1).
A maximum of 80 points is allocated for price on the following basis:
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Gravel to Asphalt Upgrade of TRK 87122, Inanda, Ward 108 Contract No: 1R-33142
80/20 Procurement System
Pt − P min Ps = 801 −
P min
Where: Ps = Points scored for comparative price of bid under consideration
Pt = Comparative price of bid under consideration
Pmin = Comparative price of lowest acceptable bid
Preference Points
Reference is to be made to Returnable Form: T2.2.6: MBD 6.1: Preference Points Claim.
The Basket of Preference Goals (SCM Policy Section 52.7)
The provisions of the SCM Policy: Section 52.7: The Basket of Preference Goals shall apply.
Reference is to be made to Returnable Form: MBD 6.1: Preference Points Claim.
The Preference Points (either 20 or 10) will be derived from points claimed for Specific Goals as
indicated in the table(s) below, according to the specified Goal/ Category Weightings.
Ownership Goal
Goal Weighting: 80%
The tendering entity’s Percentage Ownership, in terms of the Ownership Category(s) listed below, is to
be used in the determination of the Tenderer’s claim for Preference Points.
Ownership Categories Criteria 80/20
Race: Black (w1) Equals 0% 0
Between 0% and 51% 4.8
Greater or equal to 51% and less than 100% 8.4
Equals 100% 12
Gender: Female (w2) Equals 0% 0
Between 0% and 51% 1.6
Greater or equal to 51% and less than 100% 2.8
Equals 100% 4
Maximum Ownership Goal Points: 16
Proof of claim as declared on MBD 6.1 (1 or more of the following will be used in verifying the Tenderer’s status)
Companies and Intellectual Property Commission registration document (CIPC)
CSD report.
B-BBEE Certificate of the tendering entity.
Consolidated BBBEE Certificate if the tendering entity is a Consortium, Joint Venture, or Trust (Issued by verification
agency accredited by the South African Accreditation System).
Agreement for a Consortium, Joint Venture, or Trust.
w1 + w2 = 75% + 25%
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RDP Goal: The promotion of South African owned enterprises
Goal Weighting: 20%
The tendering entity’s Address (as stated on the National Treasury Central Supplier Database (CSD) or on
the eThekwini Municipality Vendor Portal) is to be used in the determination of the Tenderer’s claim for
Preference Points for this Specific Goal.
Location 80/20
Not in South Africa 0
South Africa 1.6
Kwa Zulu Natal 2.8
eThekwini Municipality 4
Maximum Goal Points: 4
Proof of claim as declared on MBD 6.1 (1 or more of the following will be used in verifying the Tenderer’s status)
CSD report
C.3.13 Acceptance of tender offer:
In addition to the requirements of Tender Data: C.3.13 of the Standard Conditions of Tender,
tender offers will only be accepted if:
(a) The Tenderer’s municipal rates and taxes are not in arears, or they have made arrangements
to meet outstanding municipal fee obligations.
(b) The Tenderer’s tax compliance status has been verified, or they have made arrangements to
meet outstanding tax obligations.
(c) If applicable, the Tenderer is registered, and “Active”, with the Construction Industry
Development Board in an appropriate contractor grading designation.
(d) The Tenderer or any of its directors/ shareholders are not listed on the Register of Tender
Defaulters, in terms of the Prevention and Combating of Corrupt Activities Act of 2004, as a
person prohibited from doing business with the public sector.
(e) The Tenderer has not:
Abused the Employer’s Supply Chain Management System; or
ii) Failed to perform on any previous contract and has been given a written notice to this effect.
(f) The Employer is reasonably satisfied that the Tenderer has in terms of the Construction
Regulations (2014), issued in terms of the Occupational Health and Safety Act (1993), the
necessary competencies and resources to carry out the work safely.
The Municipality does not bind itself to accept the lowest or any tender. It reserves the right to accept
the whole or any part of a tender to place orders. Bidders shall not bind the Municipality to any
minimum quantity per order. The successful Tenderer(s) shall be bound to provide any quantities
stipulated in the specification.
The municipality has a firm intention to proceed with the work, subject to funding being identified.
Notwithstanding the Standard Conditions of Tender: C.1.1.3 of, the municipality reserves the right
to award or not award the tender based on the municipalities available budget.
C.3.15 Complete adjudicator’s contract:
Refer to the Conditions of Contract and the Contract Data.
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C.3.17 Copies of contract:
The number of paper copies of the signed contract to be provided by the Employer is ONE (1).
Tenderers are referred to the requirements as stated in the Tender Data: C.2.13.
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T1.2.3 ADDITIONAL CONDITIONS OF TENDER
T1.2.3.1 Complaints and Objections (Appeals)
Reference is to be made to Clause 49 of the eThekwini Supply Chain Management Policy.
In terms of Section 49 of the Ethekwini SCM Policy any person aggrieved by decisions taken in
the implementation of the SCM System may lodge, within 14 days of notification thereof, a written
objection against the decision. The objection with regard to the decision is to be directed to:
The City Manager
Attention Ms S. Pillay eMail: Simone.Pillay@durban.gov.za
P O Box 1394
DURBAN
4000
Any objection will only be processed upon receipt of a non-refundable administration fee of
R1,814.00 (including VAT), as stipulated in the Municipality’s current SCM Policy. An objection
will only be considered upon receipt of proof of payment of this fee which must be paid into the
following bank account as a real-time payment:
eThekwini Metropolitan Municipality
FNB
Account Number: 631 6574 6331
Reference Number: Use the Contract Number
T1.2.3.2 Prohibition on awards to persons in the service of the state
Clause 44 of the Supply Chain Management Regulations states that the Municipality or Municipal
Entity may not make any award to a person:
(a) Who is in the service of the State;
(b) If that person is not a natural person, of which a director, manager, principal shareholder or
stakeholder is a person in the service of the state; or
(c) Who is an advisor or consultant contracted with the municipality or a municipal entity.
Should a contract be awarded, and it is subsequently established that Clause 44 has been
breached, the Employer shall have the right to terminate the contract with immediate effect.
T1.2.3.3 Code of Conduct and Local Labour
The Tenderers shall make themselves familiar with the requirements of the following policies:
Code of Conduct;
The Use of CLOs and Local Labour.
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PART T2: RETURNABLE DOCUMENTS
T2.1 LIST OF RETURNABLE DOCUMENTS
T2.1.1 General
The Tender Submission Documentation must be submitted in its entirety. All forms must be properly
completed and signed as required.
The Tenderer is required to complete and sign each and every Schedule and Form listed below to
the best of their ability as the evaluation of tenders and the eventual contract will be based on the
information provided by the Tenderer.
Failure of a Tenderer to complete the Schedules and Forms to the satisfaction of the Employer will
inevitably prejudice the tender and may lead to rejection on the grounds that the tender is non-
responsive.
T2.1.2 Returnable Schedules, Forms and Certificates
Entity Specific
T2.2.1 Compulsory Enterprise Questionnaire .................................................................. 29
T2.2.2 Certificate of Attendance at Clarification Meeting/ Site Inspection ....................... 30
T2.2.3 MBD 4: Declaration of Interest .............................................................................. 31
T2.2.4 MBD 5: Declaration for Procurement Above R10 Million (if applicable) ............... 33
T2.2.5 Contracts Awarded by Organs of State in the past 5 years .................................. 34
T2.2.6 MBD 6.1: Preference Points Claim Form (SCM Policy Section 52.7) ................... 36
T2.2.7 MBD 8: Declaration of Bidder’s Past SCM Practices ............................................ 37
T2.2.8 MBD 9: Certificate of Independent Bid Determination .......................................... 39
T2.2.9 Declaration of Municipal Fees ............................................................................... 41
T2.2.10 Contractor's Health and Safety Declaration .......................................................... 42
T2.2.11 CSD Registration Report ....................................................................................... 44
T2.2.12 CIDB Registration and Status ............................................................................... 45
T2.2.13 Joint Venture Agreements (if applicable) .............................................................. 46
T2.2.14 Record of Addenda to Tender Documents ............................................................ 47
T2.2.15 Experience of Tenderer ......................................................................................... 51
Contract Part: The Tenderer is required to complete following forms:
C1.1.1 Form of Offer ......................................................................................................... 52
C1.2.2.2 Data to be Provided by Contractor ........................................................................ 55
C2.2 Bill of Quantities .................................................................................................... 64
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T2.2.1 COMPULSORY ENTERPRISE QUESTIONNAIRE
Ref Description Tenderer to Complete
1.1 Name of enterprise
1.2 Name of enterprise’s representative
1.3 Email address of representative
1.4 Contact numbers of representative Tel: Cell:
1.5 National Treasury Central Supplier Database
MAAA
Registration number
1.6 VAT registration number, if any:
1.7 CIDB registration number, if any:
1.8 Department of Labour:
Registration number
1.9 Department of Labour:
Letter of Good Standing Certificate number
2.0 Particulars of sole proprietors and partners in partnerships (attach separate pages if more than 4 partners)
Full Name Identity No. Personal income tax No. *
2.1
2.2
2.3
3.0 Particulars of companies and close corporations
3.1 Company registration number, if applicable:
3.2 Close corporation number, if applicable:
3.3 Tax Reference number, if any:
3.4 South African Revenue Service:
Tax Compliance Status PIN:
4.0 MBD 4, MBD 6, MBD 8, and MBD9 issued by National Treasury must be completed for each tender and be
included as a tender requirement.
Tenderers are to include, at the back of their tender submission, a printout of their SARS “Tax
Compliance Status – PIN Issued” certificate.
The undersigned, who warrants that he / she is duly authorised to do so on behalf of the enterprise:
authorizes the Employer to verify the Tenderer’s tax clearance status from the South African Revenue Services that it is 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.
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.
confirms that the contents of this questionnaire are within my personal knowledge and are to the best of my belief both true and correct.
NAME (Block Capitals): Date