Framework contract for civil & electrical engineering consulting services - senqu local municipality

{"name":"Mr N. Ngwenya ngwenyan","email":"[email protected]","phone":"0516030019","department":"Supply Chain Management","address":"30445 Tel: 081 870 8388"}

Returnable Documents: 3.2.1.1.4 Key personnel, In order to be declared responsive, the tenderer must have the following key personnel in its, must be attached to the schedule titled Key Personnel, Part T2.2: Returnable Schedules., Unless otherwise indicated below different individuals must be identified for each of the key personnel, listed below and the schedule titled Key Personnel must be clearly indicative of the requirement, experience durations, qualifications, professional registration details, etc.

Eligibility criteria include:

• Registration on Senqu Municipality Supplier Database and CSD.
• Attendance at the compulsory clarification meeting.
• A minimum of 75 points for functionality.
• Company experience: Successfully completed four projects comprising investigation, planning, design, project management, environmental approvals, geotechnical surveying and engineering, and site supervision of civil engineering and building projects (each project valued at more than R5 million).
• Key Personnel: Must have a Project Leader (Pr. Eng with 5+ years experience), Civils Project Engineer (qualified with 5+ years experience), Electrical Project Engineer (qualified with 5+ years experience), Environmental Assessment Practitioner (registered with EAPASA, 5+ years experience), Geotechnical Engineer (Pr. Eng/Pr.Tech Eng with 5+ years experience), and Professional Land Surveyor (registered with SAGC, 5+ years experience).
• Professional Indemnity Insurance: Minimum cover of R5,000,000 per claim.
• Tenderers must not have been restricted in terms of abuse of the Supply Chain Management Policy, found guilty of contravening the Competition Act, or found guilty on any other basis listed in the SCM Policy.
• Tenderer's tax matters with SARS must be in order.

Supply Chain Management Office Senqu Municipality Technical SIGNATURES OF MUNICIPALITY

Senqu Municipality Services

planning, design, project management and site supervision until

completion of similar projects to a value of more than R 5 million per

appointed project. To be scored as follows:

experience in electrical design office

Engineer (Civil): Professional Registered Engineer (Pr. Eng) / Professional

Registered Technologist (Pr Tech Eng)

Professional Registration of 5 years and over 8 points

Professional Registration of 3 – 4 years 5 points

Professional Registration of 1 – 2 years 1 point

experience in structural design office

Engineer (Civil): Professional Registered Geotechnical Engineer (Pr. Eng)

/ Professional Registered Technologist (Pr Tech Eng)

8 points

Professional Registration of 5 years and over

5 points

Professional Registration of 3 – 4 years

1 point

Professional Registration of 1 – 2 years

experience in the geotechnical field

experience in the civil project management field

Design Draughts-person: Professional Registered Draughts-person

5 points

Professional Registration of 5 years and over

3 points

Professional Registration of 3 – 4 years

1 point

Professional Registration of 1 – 2 years

experience in the draughts field, computer-aided design (CAD) software

(Civil & Electrical Designer)

Resident Engineer: Engineer (Civil) or Technician (Civil)

Professional Registration of 5 years and over 5 points

Professional Registration of 3 – 4 years 3 points

Professional Registration of 1 – 2 years 1 point

experience as a resident engineer

Certified copies of the professional registration certificates (ECSA)

as well as certified copies of the qualifications must be submitted in-

order to claim for all points indicated above. No points will be

allocated for non-submission or uncertified copies of the certificates

mentioned above.

Labour Intensive Construction 6 Points

Design Engineer’s LIC NQF Level 7 qualification 4 Points

Design Engineer’s LIC NQF Level 5 qualification 2 Points

P a g e | 18

will be declared responsive.

3.2.1.1.4 Key personnel

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

consultant/firm having the required personnel, stating that they will undertake the necessary work on

behalf of the tenderer in terms of a sub-consultant agreement, will be acceptable. Such undertaking

must be attached to the schedule titled Key Personnel, Part T2.2: Returnable Schedules.

3.2.1.1.5 Company Experience

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

3.2.8 Seek clarification

a risk analysis in respect of the following:

a) reasonableness of the financial offer

b) reasonableness of unit rates and prices

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

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

technical qualifications, professional and technical competence, financial resources,

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

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

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

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

compliance, verification of submitted information and documents, etc.

3.1.4 The SM’s right to accept or reject any tender offer

3.1.4.1 The SM may accept or reject any tender offer and may cancel the tender process or reject all tender

offers at any time before the formation of a contract. The SM 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; or

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

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

2. Attend design and consultant meetings

3. Establish the concept design criteria

4. Prepare initial concept design and related documentation

5. Advise the client regarding further surveys, analyses, tests and investigations which may be

required

6. Establish regulatory authorities’ requirements and incorporate into the designs

7. Refine and assess the concept design to ensure conformance with all regulatory requirements

and consents

8. Establish access, utilities, services and connections required for the design

9. Participate in coordinated design interfaces with architect or other consultants involved

10. Prepare preliminary designs, and related documentation for approval by authorities and client

and suitable for costing

11. Provide cost estimates that are market related with relevant evidence as required and project

life cycle as required

12. Liaise, co-operate and provide necessary information to the client, principal consultant and other

consultants involved for the indicated project.

C3.5.3 STAGE 3: Design Development (Detailed Design)

1. To review documentation programme by the principal consultant and with other consultants

involved

2. Attend design and consultant meetings

3. Incorporate client’s and authorities’ detailed requirements into the design

4. Incorporate other consultant’s design and requirements into the design

5. Prepare design development drawings including draft technical details and specifications

6. To review and evaluate design and outline specification and exercise cost control

7. Prepare detailed estimates that are market related with relevant evidence as required for

construction cost

8. Liaise, co-operate and provide necessary information by the principal consultant with other

consultants involved

9. Principal consultant will have to submit the necessary design documentation to local / District

and other authorities for approval

C3.5.4 STAGE 4: Documentation and Procurement

1. Attend design and consultant meetings

2. Prepare specifications and preambles for the works to be submitted to the municipality

3. Accommodate services design.

4. Check cost estimates and adjust designs and documents if necessary to remain within available

budget. This needs to be confirmed by project management unit department prior bid specification

committee meeting submission.

5. Formulate the procurement Strategy for contractors or assist the principal consultant where

relevant

6. Prepare documentation (construction drawings, priced bill of quantities which is market related

and unpriced bill of quantities) for contractor procurement and submission to the municipality before

the sitting of bid specification committee.

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• Preparation of detailed drawings and specifications

• Bill of Quantities (BOQ) preparation

• Tender documentation and evaluation

• Cost estimates and budgeting

unambiguous offer has been made to SM, by whom the offer has been made and what the offer

constitutes, will be declared responsive.

The minimum number of evaluation points to qualify for pricing schedule is 75 points.

3.2.1.1.2 Compliance with requirements of SM SCM Policy and procedures

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

3.2.9 Pricing the tender offer

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

3.2.10 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 SM to clarify the actual requirements of anything in the Specifications and

correction or withdrawal of any material deviation or qualification.

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

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

documents.

3.3.8 Arithmetical errors, omissions, discrepancies and corrections of rates

3.3.8.1 Check the 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.

3.3.8.2 The SM 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 unless there is clear evidence to the contrary that the

amount in figures is correct (such as alignment between the amount in fissures and the

priced bills of quantities)..

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. Where there is an obviously gross misplacement of the decimal

point in the unit rate, the line 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.

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

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

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

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

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

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

lines indicated by it.

3.3.10.3 Scoring of tenders (price and preference)

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

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

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

Payment Terms: payment certificates to be issued by the principal agent

14. All payment certificates must be accompanied by proof of works completed according to the

submitted works programme.

15. Witness and review all tests and mock-ups carried out on site
16. Check and approve contractor drawings for compliance with contract documents
17. Update and issue drawings regis

C3.5.6 STAGE 6: Close Out

Inspect and verify the rectification of defects

Receive, comment and approve relevant payment valuations and completion certificates

Prepare and/or procure operations and maintenance manuals, guarantees and warrantees

Prepare and/or procure as-built drawings and documentation

Conclude the final accounts where relevant C3.5.7 ADDITIONAL SERVICES

Additional to the normal services provided by the Bidder in line with the latest ECSA Guideline Professional Fees (Scope of Services and Tariff of Fees for persons registered in terms of the Engineering Professions Act,), unless specifically agreed otherwise between the Bidder and the employer.

The agreement on the scope of services and remuneration shall be in writing and should, if at all possible, be concluded before such services are rendered. Summary Scope of Consultant in line with the above mentioned schedule of activities: Civil Engineering

Planning & Design

Site investigations and feasibility studies

Topographical and land surveys

Geotechnical assessments

Structural design of buildings and infrastructure

Design of roads, stormwater drainage, and pavements

Roads and stormwater network design

Documentation

Preparation of detailed drawings and specifications

Bill of Quantities (BOQ) preparation

Tender documentation and evaluation

Cost estimates and budgeting

Project Management & Supervision P a g e | 13 Conditions of Tender Bid No 91 / 2025-2026T Framework contract for Professional Civil and Electrical Engineering Services

Construction supervision and quality control

Site inspections and progress reports

Contract administration

Certification of payments

Monitoring compliance with safety and environmental standards

Regulatory Compliance

Ensuring compliance with local authority regulations

Adhering to standards such as those from the South African Bureau of Standards

Environmental impact coordination where required Additional Requirements for Electrical Engineer The Electrical Engineer shall provide services including

B-BBEE Minimum Level: 7

Points Allocation: 20 points

B-BBEE Details: all. Unsuccessful bidders will be advised by the Project

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

where the samples would not be returned.

3.2.19 Certificates

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

3.2.19.1 Broad-Based Black Economic Empowerment Status Level Documentation

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

proof, either as certificates, sworn affidavits or any other requirement prescribed in terms of the B-

BBEE Act, of its B-BBEE status level of contribution in accordance with the applicable Codes of good

practise as issued by the Department of Trade and Industry, to the SM with the tender submission.

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

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

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

the form of a certificate with the tender.

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

and conditions applicable to the awarding of preference points.

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

Economic Empowerment in the Construction Sector..

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

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

P a g e | 25

Conditions of Tender

Bid No 91 / 2025-2026T

Framework contract for Professional Civil and Electrical Engineering Services

3.2.19.2 Evidence of tax complian

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

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.

3.1.6.3 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).

3.1.6.4 All requests referring to sub clauses 3.1.6.1 to 3.1.6.3 must be submitted in writing to:

• Preliminary Designs

• Detailed Designs

• Application and progress meetings for projects to be done on behalf of the municipality for approval

by Eskom reticulation standards

• Compilation of bill of quantities, drawings and drafting of the functionality criteria that will form part

of the Senqu Municipality tender document.

• Advising the client correctly of construction costs.

• Ensure that the Occupational Health and Safety requirements are met during construction as per

guidelines.

• Construction monitoring/Project management including convening site and progress meetings

(including PSC establishment) and the supporting documents (reporting of progress) need to be

forwarded to the Municipality.

• Being accountable for all quality issues of the project and ensure compliance SANS and Eskom

requirements.

• Registering and reporting of projects on the EPWP in coordination with Municipal administrator

and failure to do so the Municipality may have the right to withhold the payment of the service

provider concern

• Ensuring that projects are implemented Labour Intensive Methods.

• Ensuring compliance with electrical regulations

• Adhering to the Occupational Health and Safety Act

• Compliance with standards set by the Engineering Council of South Africa

NB: Single appointment or allocation letters and completion certificate

letters per project completed must be submitted in case the bidder was

involved in a panel or framework contract. Bidders must note that

combined completion certificate letters of panel or framework contract will

not be considered.

Expertise (Professionally registered Personnel) 59 points

Team Leader: Professional Registered Engineer (Pr. Eng) or Professional

Registered Technologist (Pr Tech Eng)

Professional Registration of 10 years and over 10 points

Professional Registration of 6 – 9 years 5 points

Professional Registration of 3 - 5 years 3 points

Professional Registration of 1 - 2 years 1 point

NB: for the bidders to claim points above, the team leader name must

either appear on CK document or the bidder must submit valid proof of

employment for the team leader that s/he has been employed for at least

1 year by the bidder.

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cover should he/she be awarded the contract, must be submitted with the tender, appended to the

schedule titled Professional Indemnity Insurance.

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

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

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

made arrangement to meet their outstanding tax obligations. The proof of tax compliance submitted

by the bidder must be verified by the SM via CSD or e-Filing. The SM should reject a bid submitted

by the bidder if such bidder fails to provide proof of tax compliance within the timeframe stated herein

and it status on the SARS system remains non-compliant.

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

to Bidding Foreign Suppliers section on the Compulsory Enterprise Questionnaire pages of the

tender submission, are not required to register for a tax compliance status with SARS.

3.2.20 Compliance with Occupational Health and Safety Act,

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

3.2.21 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.

3.3.7 Test for responsiveness

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

properly received:

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

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

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

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

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

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

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

identified in

b) the Specifications,

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

contract, or

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

were to be rectified.

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

3.3.11 Negotiations with preferred tenderers

• Ensuring compliance with local authority regulations

• Adhering to standards such as those from the South African Bureau of Standards

• Environmental impact coordination where required

Council (SAGC) : Professional Registered Land Surveyor (Pr. Eng) /

Professional Registered Technologist (Pr Tech Eng)

5 points

Professional Registration of 5 years and over

3 points

Professional Registration of 3 – 4 years

1 point

Professional Registration of 1 – 2 years

Professional Environmentalist (Natural Habitat): Professional Registered

Environmentalist (Pr. Env.)

5 points Professional Registration of 5 years and over

3 points Professional Registration of 3 – 4 years

1 point Professional Registration of 1 – 2 years

P a g e | 17

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

experience durations, qualifications, professional registration details, etc.

a) A Project Leader who is registered as a Professional Engineer with the Engineering Council

of South Africa (ECSA), who has at least five years’ verifiable post graduate experience in the

design and execution of general building structures, site services and roadways, and who will

be responsible for all work carried out in terms of the tender.

b) A civils works Project Engineer who is a qualified Engineer/Technologist/Technician with at

least five years’ verifiable post graduate experience in the in the design and construction of

general building structures, site services and roadways.

c) An electrical works Project Engineer who is a qualified Engineer/Technologist/Technician

with at least five years’ verifiable post graduate experience in the in the design and

construction of electrical services to building structures and on site electrical reticulation.

d) An Environmental Assessment Practitioner (EAP) registered with the Environmental

Assessment Practitioner’s Association of South Africa (EAPASA) with five years’ verifiable

post graduate experience in the undertaking of environmental assessment works including

having acted in a lead role in at least (2) two Full Scoping/Environmental Impact Assessment

(EIA) reports and at least (5) five Basic Assessments.

e) A Geotechnical Engineer professionally registered as Civil Engineer or Civil Engineering

Technologist (Pr. Eng or Pr.Tech Eng) with the Engineering Council of South Africa (ECSA)

with at least five years’ verifiable postgraduate experience in the field of geotechnical

engineering.

f) A Professional Land Surveyor registered with the South African Geomatics Council (SAGC)

with at least 5 (five) years verifiable postgraduate experience in the field of cadastral and

engineering surveys such as conducting topographic surveys, measured building surveys,

compiling SG diagrams, flood line surveys, and boundary surveys, etc..

P a g e | 20

four projects comprising investigation, planning, design, project management, environmental

approvals, geotechnical surveying and engineering and site supervision of civil engineering and

building projects. If the bidding entity does not have all the required experience in-house, a signed

undertaking from a specialist consultant/firm(s) having the required personnel, stating that they will

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

be acceptable. Such undertaking must be attached to the schedule titled Company Experience,

(1) general tender information ............................................................................................................... 2

(2) tender notice and invitation to tender ........................................................................................... 4

(3) conditions of tender ............................................................................................................................ 7

(4) compulsory enterprise questionnaire ............................................................................................ 33

(5) form of offer and acceptance .......................................................................................................... 35

(6) price schedule ....................................................................................................................................... 38

(7) supporting schedules ......................................................................................................................... 46

Schedule 1: certificate of independent tender determination ......................................................... 46

Schedule 2: certificate of authority for joint ventures / partnerships / consortia ................... 48

Schedule 3: declaration of tenderer’s past supply chain management practices (mbd 8) ......... 49

Schedule4: declaration of interest – state employees (mbd 4 amended)............................................ 50

Schedule 5: preference points claim form in terms of the preferential procurement

Regulations 2017 (mbd 6.1 Amended) ........................................................................................................... 52

Schedule 6: declaration for procurement above r10 million ........................................................... 56

Schedule 7: consultancy services provided to organs of state ....................................................... 58

Schedule 8: schedule of pre-qualification criteria sub-contractors ............................................. 59

Schedule 9: municipal accounts’ status ................................................................................................ 60

Schedule 10: declaration in respect of compliance with labour legislation ............................... 61

Schedule 11: confirmation of contractor registration / accreditation ..................................... 62

Schedule 12: schedule of sub-contractors ............................................................................................ 63

Schedule 13: price basis for imported resources .................................................................................. 64

Schedule 14: proposed deviations and qualifications by tenderer.................................................. 65

Schedule 15: record of addenda to tender documents ...................................................................... 66

Schedule 16: information to be provided with the tender ................................................................ 67

Schedule 16a: work experience of tenderer .......................................................................................... 68

Schedule 16b: key personnel ...................................................................................................................... 69

Schedule 16c: professional indemnity insurance ................................................................................. 75

Schedule 16d: proposed work plan .............................................................. Error! Bookmark not defined.

(8) contract data ...................................................................................................................................... 76

Contract data provided by the employer ............................................................................................ 76

(9) general conditions of contract ...................................................................................................... 85

(10) occupational health and safety agreement ............................................................................. 103

(11) insurance broker’s warranty (pro forma) ................................................................................ 104

(12) specification(s) ................................................................................................................................. 105

(13) annexes .............................................................................................................................................. 119

(13.1) BBBEE sub-contract expenditure report (pro forma) ........................................................... 120

(13.2) Partnership/ joint venture (jv) / consortium/ expenditure report (pro forma) ........... 121

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

is terminated during the execution thereof, the SM may consider the award of the contract, or non-

award, to the alternative bidder in terms of the procedures included its SCM Policy.

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

3.1.6.1 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 ):

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.

3.1.6.2 Appeals

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

rights are affected by a decision taken by the SM, may appeal against that decision by giving written

notice of the appeal and reasons to the Municipal Manager within 21 days of the date of the

notification of the decision.

19. Review and comment on operation and maintenance manuals, guarantee certificates and

warranties

20. Inspect the works and issue practical completion and defects lists

21. Arranging for the delivery of all test certificates, including the Electrical Certificate of

22. Assist municipality with Grant reporting in line with the Division of Revenue Act (DORA)

requirements

C3.5.6 STAGE 6: Close Out

1. Inspect and verify the rectification of defects

2. Receive, comment and approve relevant payment valuations and completion certificates

3. Prepare and/or procure operations and maintenance manuals, guarantees and warrantees

4. Prepare and/or procure as-built drawings and documentation

5. Conclude the final accounts where relevant

C3.5.7 Additional services

• Additional to the normal services provided by the Bidder in line with the latest ECSA

Guideline Professional Fees (Scope of Services and Tariff of Fees for persons registered in terms

of the Engineering Professions Act,), unless specifically agreed otherwise between the

• Provide professional advice when requested

• Attend site meetings

• Submit regular progress reports

• Ensure projects are completed within time and budget

• Maintain professional registration and insurance

P a g e | 15

Professional Indemnity Insurance certificate 3 Points

ISO 9001: 2015 2 Points

Possible score for functionality 100

3.2.1.1.1 Submit a tender offer

a) A completed Compulsory Enterprise Questionnaire to be provided (applicable schedule to

be completed);

b) 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 to

be completed);

c) A completed Certificate of Authority for Partnerships/ Joint Ventures/ Consortiums to be

provided authorising the tender to be made and the signatory to sign the tender on the

partnership /joint venture/consortium’s (applicable schedule to be completed);

d) A copy of the partnership / joint venture / consortium agreement to be provided.

e) A completed Declaration – Conflict of Interest and Declaration of Bidders’ past Supply

required experience durations, etc.

3.2.1.1.6 Professional indemnity insurance

Indemnity (PI) insurance providing cover in an amount of not less than R5 000 000 in respect of each

and every claim during the period of insurance. Proof of insurance or confirmation from a reputable

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

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

3.2.4 Confidentiality and copyright of documents

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

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

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

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

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

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

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

acceptance of any other tender;

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

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

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

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

the ascertainment of the amount of such additional expenses or losses, the SM shall be

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

loss.

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

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

3.2.17 Provide other material

3.2.17.1 General:

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

commercial position (including joint venture agreements), preferencing arrangements, or samples of

materials, considered necessary by the SM for the purpose of the evaluation of the tender. Should

the tenderer not provide the material, or a satisfactory reason as to why it cannot be provided, by the

time for submission stated in the SM’s request, the SM may regard the tender offer as non-responsive.

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

R 10 million:

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

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

statements for auditing;

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

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

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

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

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

execution of such contract;

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

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

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

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

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

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

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

3.3.10 Evaluation of tender offers

3.3.10.1 General

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

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

tender conditions.

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

be considered in the determination of comparative prices as follows:

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

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

on such rates or percentages.

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

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

tendered for year one.

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

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

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

date of tenders.

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

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

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

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

quoted rates against those supplied by its own bank).

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

the prices as tendered for year one.

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

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

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

details on the calculation of the rate of exchange).

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

competitive tendering process as preferred tenderers provided that such negotiation:

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

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

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

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

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

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

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

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