A 3-year Framework Agreement for the Construction of Fences and Animal Handling Facilities for the Limpopo Department of Agriculture and Rural Development

Returnable Documents:

Bill of quantities Drawings Site briefings may be applicable. The Department will engage in the following process to source the services from Service Providers that has been registered on the Database or as per the approved Standard Operating Procedure to implement and administer the term contract: Receive a request for a project or service from a Program or Project Manager. Compiling a Request (Specifications & BOQ) for the project. Compiling a draft task order with estimated costs. Request for procurement as the scope, budget, and estimated cost by relevant Director responsible. Request to SCM to allocate service provider/Contractor on the term contract by Rotating Electronic Database. The Rotating Electronic Database for both Category 1 and category 2 will be managed as one database to fairly distribute works within bidders CIDB grading threshold. Category 2 bidders will be allowed to implement works of value from Zero rands to their grading threshold. Category 1 bidders will be limited to by their grading value threshold and indicated scope of work threshold. Request a costing from the allocated Contractor on the Rotating Electronic Database that is in line for a project. The Contractor quotation will be based on the Term Contract BOQ tendered rates and price adjustment clauses. Conduct a costing verification and administrative requirements checks. Enter into an agreement (SLA or Task Order) for the specific project. The Standard Contract Form (SBD 7.1) covers all the 3 variables (scope of the works, the price and timeframe for the completion of the works). The balance of the contractual requirements is covered by the Term Contract. Request a purchase order from SCM by the Project/Program Manager. Give instruction to the Service Provider to commence with the works (Site handover). Update the Rotating Electronic Database as prescribed in SANS 10845. Non- responsive and non- performing service providers will stay at the bottom of the database. Terminated service providers shall not receive further allocation of works under the Term Contract. None or poor performance on a Task order will lead to termination. Should a service provider be Terminated whilst having more than one Task Order, the service provider will be obligated to complete works on allocated Task Order/s where they have not defaulted, and their performance shall not reinstate them into the Term Contract. Termination will result to punitive measures implemented and service provider restrictions with National Treasury. Tender T10 of T90 T1.2 Part T1: Tendering Procedures Tender Data LIMPOPO DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT: TENDER NO. ACDP 23/17 A 3-YEAR FRAMEWORK AGREEMENT FOR THE SUPPLY, DELIVERY AND CONSTRUCTION OF FENCES AND ANIMAL HANDLING FACILITIES FOR THE LIMPOPO DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT. _________________________________________________________________________________________________________________ d) STANDARD FOR FRAMEWORK AGREEMENTS October 2015 and Supplemented May 2019) under SCM Instructions /16 and /20. Framework Agreements must comply with the following: (Item 14.3, of above document) The term of a Framework Agreement shall not exceed three (03) years in the case of all organs of state. Framework agreements that are entered into shall not commit an organ of state to any quantum of work beyond the first order or bind the employer to make use of such agreement to meet its needs. The employer may approach the market for goods or services, or a combination thereof, whenever it considers that better value in terms of time, cost and the quality which may be obtained. Orders shall cover only goods or services, or any combination thereof, falling within the scope of work associated with the agreement which may not be amended for the duration of the contract. Orders may not be issued after the expiry of the term of the framework agreement. Orders may be completed even if the completion is after the expiry of the term contract. e) COSTING METHODS This will be done as follows: The procurement, delivery, installation, and commissioning of Term contract listed materials/equipment. o This will be based on tendered rates and price adjustment clauses. Procurement and installation of special materials / equipment not included in tendered rates. o This will be done on actual cost plus a tendered mark up. (The Service provider should provide 3 quotations from reputable suppliers for approval, should the contractor fail to provide valid quotations, the project engineer shall evaluate and make a ruling of how much should be paid). Disbursements and ad-hoc time o Disbursement costs are to be built into the various cost items and will not be independently billed. The quantities in the Bill of Quantities (BOQ) in this Bid document are only indicative to enable the Department to compare tendered prices. The actual quantities will be determined during the investigation and design stages for each project. The Department reserves the right to negotiate and use rates which are market related. f) ROTATING ELECTRONIC DATABASE A Rotating Electronic Database will be developed and the Companies on it may get an opportunity to quote for work. The work and the opportunity to quote cannot be guaranteed as requests will depend on the number and type of works required by the different Departmental programs. g) PROCUREMENT OF MATERIALS / EQUIPMENT OUTSIDE THE CONTRACT BOQ The mark-up tendered for the procurement must cover all costs related to the purchase of materials / equipment and delivery to site, including handling, storage and security on site, profit, return of faulty items and any other associated costs not covered elsewhere in the bill. The installation thereof is covered elsewhere. When submitting a price estimate for the construction of the project, the Service Provider shall supply a bill of quantities based on current cost of materials and equipment and the tendered rates. The cost of materials and equipment shall be based on three written quotations from reputable local suppliers that are acceptable and verifiable by LDARD, indicating nett prices, which shall be attached to the price estimate. Tender T11 of T90 T1.2 Part T1: Tendering Procedures Tender Data LIMPOPO DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT: TENDER NO. ACDP 23/17 A 3-YEAR FRAMEWORK AGREEMENT FOR THE SUPPLY, DELIVERY AND CONSTRUCTION OF FENCES AND ANIMAL HANDLING FACILITIES FOR THE LIMPOPO DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT. _________________________________________________________________________________________________________________ LDARD reserves the right to request competitive material / equipment quotations. Should the contractor fail to provide valid quotations, the project engineer shall evaluate and make a ruling of how much should be paid to the contractor. h) CONTRACT PRICE ADJUSTMENT PROVISION The tendered rates will be adjusted annually as follows: All rates which are based on current market prices with a tendered mark-up will remain unchanged for the duration of the contract. All other rates will be adjusted annually as follows: o The rates will be adjusted annually by a calculated factor, every 12 calendar months, the first adjustment being 12 months from the end of the month in which the tender was awarded. Contract price adjustment schedule (General Conditions of Contract for Construction Works, Second Edition, 2010) "L" is the "Labour Index" and shall be the Consumer Price Index for the urban area nearest to the Site, as stated in the Contract Data, and as published in the Statistics South Africa. "P" is the "Plant Index" and shall be the Producer Price Index for Civil Engineering Plant as published in the Statistical News Release P0151,1, Table 4 of Statistics South Africa. "M" is the "Materials Index" and shall be the Producer Price Index applicable to the industry as stated in the Contract Data and as published in the Statistical News Release P0151,1, Table 3 of Statistics South Africa. "F" is the "Fuel Index" and shall be the Producer Price Index for Diesel at wholesale level for the area as stated in the Contract Data and as published in the Statistical News Release P0142:1, Table 1 of Statistics South Africa. "x" is the proportion of "Ac" which is not subject to adjustment. Unless otherwise stated in the Contract Data, this proportion shall be 0, 10. "a", "b", "c" and "d" are the coefficients contained in the Contract Data, which are deemed, irrespective of the actual constituents of the work, to represent the proportionate value of labour, contractors' equipment, material (other than "special materials" specified in the Contract Data) and fuel respectively. The arithmetical sum of "a", "b", "c", and "d", shall be unity. The suffix "o" denotes the base indices applicable to the base month as stated in the Contract Data. The suffix "t" denotes the current indices applicable to the month in which the last day of the period falls to which the relevant monthly statement relates. Tender T12 of T90 T1.2 Part T1: Tendering Procedures Tender Data LIMPOPO DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT: TENDER NO. ACDP 23/17 A 3-YEAR FRAMEWORK AGREEMENT FOR THE SUPPLY, DELIVERY AND CONSTRUCTION OF FENCES AND ANIMAL HANDLING FACILITIES FOR THE LIMPOPO DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT. _________________________________________________________________________________________________________________ The Accounting officer shall be at liberty to make such adjustments to individual rates at prescribed intervals. C.2.11 Alterations to document A Tender Offer shall not be considered if alterations have been made to the Forms of Tender data or Contract data (unless such alterations have been duly authenticated by the Tenderer) or if any particulars required therein have not been completed in all respects. C.2.12 Alternative Tender Offers No alternative Offers will be considered. C.2.13 Submitting a Tender Offer C.2.13.3 Tender Offers shall be submitted as an original only. Under no circumstances whatsoever may the Tender forms be retyped or redrafted. Photocopies of the original Tender documentation may be used, but an original signature must appear on such photocopies. C.2.13.5 Bid Offer package are: Location of Bid box: Limpopo Department of Agriculture and Rural Development Physical address: 67/69 Biccard Street Polokwane, 0700 Identification details: A 3-YEAR FRAMEWORK AGREEMENT FOR THE SUPPLY, DELIVERY AND CONSTRUCTION OF FENCES AND ANIMAL HANDLING FACILITIES Tender No: ACDP 23/17 Closing Date: 17 February 2026 at 11:00 C.2.15 Closing Time The closing time for submission of Tender Offers is: 11h00 on 17 February 2026 as stated in the Tender Notice and Invitation to Tender. Telephonic, telegraphic, telex, facsimile, electronic or e-mailed Tenders will not be accepted. C.2.16 Tender Offer validity The Tender Offer validity period is 240 days from the closing time for submission of Tenders. C.2.17 Clarification of tender offer after submission Provide clarification of a tender offer in response to a request to do so from the employer during the evaluation of tender offers. This may include providing a breakdown of rates or prices and correction of arithmetical errors by the adjustment of certain rates or item prices (or both). No change in the total of the prices or substance of the tender offer is sought, offered, or permitted. The total of the prices stated by the tenderer shall be binding upon the tenderer. Tender T13 of T90 T1.2 Part T1: Tendering Procedures Tender Data LIMPOPO DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT: TENDER NO. ACDP 23/17 A 3-YEAR FRAMEWORK AGREEMENT FOR THE SUPPLY, DELIVERY AND CONSTRUCTION OF FENCES AND ANIMAL HANDLING FACILITIES FOR THE LIMPOPO DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT. _________________________________________________________________________________________________________________ Note: Sub-clause F.2.17 does not preclude the negotiation of the final terms of the contract with a preferred tenderer following a competitive selection process, should the Employer elect to do so, this may include negotiations for fair market related prices. C.2.18 Provide other material The Tenderer shall, when requested by the Employer to do so, submit the names of all management and supervisory staff that will be employed to supervise the labour-intensive portion of the works together with satisfactory evidence that such staff members satisfy the eligibility requirements C.2.19 Access Access shall be provided for inspections and testing by personnel acting on behalf of the Employer. C.2.20 TENDER EVALUATION CRITERIA C.2.20.1 Qualifying Criteria Pre-Compliance Evaluation Criteria Requirements Pre-compliance The Service Provider must submit all documents as outlined below. criteria. Preferential points for Bidders will be allocated preferential points for specific goals as per table specific goals. 7.2.2 c. in SBD 6.1. The evaluation process entails the following: Phase 1: Pre-Compliance evaluation i. During this phase, tender responses are registered to ascertain the number of tenders responses received before the closing date and time. ii. REQUIRED DOCUMENTS Misrepresentation of facts will render your tender non-responsive. C.2.20.2 Submission of Required Documents Bidders will be disqualified if not meeting the following requirements: Must attend the compulsory site briefing as per scheduled date and time and ensure to sign the attendance register. Misrepresentation of facts will render your bid non-responsive. Documents that must be Non-submission Requirements submitted will result in disqualification Invitation to Bid SBD 1 YES Must fully complete and sign the supplied pro forma document. In case of JV, both partners must submit/ be represented on the submission. Pricing Schedule SBD 3.2 YES Must fully complete and sign the supplied pro forma document. In case of JV, both partners must submit/ be represented on the submission. Tender T14 of T90 T1.2 Part T1: Tendering Procedures Tender Data LIMPOPO DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT: TENDER NO. ACDP 23/17 A 3-YEAR FRAMEWORK AGREEMENT FOR THE SUPPLY, DELIVERY AND CONSTRUCTION OF FENCES AND ANIMAL HANDLING FACILITIES FOR THE LIMPOPO DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT. _________________________________________________________________________________________________________________ Bill of Quantities YES All items of the BOQs must be fully completed (rates, amounts and sums), and submitted with the bid by the closing date and time. No overwriting of figures. Bidders Disclosure SBD 4 YES Must fully complete and sign the supplied pro forma document. (Must declare if they have interests in other Companies. Refer to Paragraph 2.3). In case of JVs In case of JV, both partners must submit be represented on the submission. Preference Point Claim Form YES Must fully complete and sign the supplied pro forma SBD 6.1 document. Non-claiming of points on this form will lead to zero (0) even if supporting documentation is attached. In case of JV, both partners must submit/ be represented on the submission. CIDB grading certificate Bidder must submit CIDB grading certificate. Bidders with CIDB grading 3CE or 3SQ to 7CE or 7SQ are YES targeted. In case of JV, Calculated CIDB grading must be submitted. Form of intent by a bank or YES Must be submitted with the tender by the closing date and insurance company to provide time of the bid. 10% performance guarantee and insurance of the works In case of JV, both partners must submit/ be represented on the submission. Joint Ventures (J/V) YES Attach a valid JV agreement. Non-submission will lead to disqualification. In the case of an award, the company need to register on CSD as a JV. The process is that the service providers must register the JV at SARS and then open a JV bank account. With those documents they can then register the JV on the CSD. The department will only make payment to a JV account. NO Must submit valid copy of COIDA certificate or proof of Registration Certificate payment thereof. In case of JV, both partners must submit. Completeness of the tender YES Bidders are required to complete the entire bid document document. without omission of pages and in the provided sequence. Supporting documents must be attached with list of indexes/ Annexures and in order of the indicated index sequence. The tender document to be fully completed in Black ink (not typed). Bank Rating YES Bank rating letter from a financial institution with track record of at least 6 months. Bidders must have a minimum rating of C. In case of JV, both partners must submit. Compulsory Enterprise YES Must be fully completed, signed by the authorized Questionnaire person/s and submitted with the bid by the closing date and time. In case of JVs bidders should complete Tender T15 of T90 T1.2 Part T1: Tendering Procedures Tender Data LIMPOPO DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT: TENDER NO. ACDP 23/17 A 3-YEAR FRAMEWORK AGREEMENT FOR THE SUPPLY, DELIVERY AND CONSTRUCTION OF FENCES AND ANIMAL HANDLING FACILITIES FOR THE LIMPOPO DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT. _________________________________________________________________________________________________________________ separate forms or be represented. iii. The Service Provider must ensure that they meet the following requirements before the bid can be awarded: CRITERIA REQUIREMENT Tenderer must be tax compliant before the bid is awarded, i.e. Where the recommended tenderer is not tax compliant, the tenderer will be notified of their non-compliant status and must be requested to submit written proof from SARS of their tax compliance status or proof that they Tax compliance status have made an arrangement to meet their outstanding tax obligations within 7 working days. The tenderer should thereafter provide the accounting officer or accounting authority with proof of their tax compliance status which should be verified via the Central Supplier Database or e- Business registration The Company must be in business Company registration with Company must be registered on central supplier database (CSD). If not registered must proceed central supplier database to complete the registration prior to submitting your proposal. Visit https://secure.csd.gov.za/ to (CSD) obtain your vendor number. The bid will not be considered if Shareholders or directors are employed by state/ government In the service of the State departments, municipalities, municipal entities, or public entities unless the approval from status executive authority to do business with the state is submitted with the proposal Tender defaulting and restriction status Entity and directors must not be restricted C.2.20.3 Functionality Evaluation Criteria = 100 points The minimum score required for functionality is 60 points in order to qualify for further evaluation. A tenderer who scores less than 60 points on functionality will be disqualified. Misrepresentation of facts will render a bid non-responsive. CRITERIA EVIDENCE VALUE WEIGHTING 1. Proof of physical Office of bidder outside the borders of address Limpopo Province Office of bidder within borders of Limpopo Evidence Province Bidders must submit proof of residence from Local Municipality (Utility bill) or 20 Confirmation of pre-paid 5 utility from ESKOM (not older than 3 months) OR Title Deed or Signed Lease Agreement or PTO OR any other proof of address. 2.Plant and Equipment No information 0 available owned or leased by Own or Hire 1-3 of the following: Truck or the Bidder. (Bidders must 20 Tractor & Trailer, LDVs, TLB/Excavator/ attach copies of Ownership 1 loader/ Dozer, Fuel trailer, concrete mixer, documents or copies of Hire compactor and working tools or machines Tender T16 of T90 T1.2 Part T1: Tendering Procedures Tender Data LIMPOPO DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT: TENDER NO. ACDP 23/17 A 3-YEAR FRAMEWORK AGREEMENT FOR THE SUPPLY, DELIVERY AND CONSTRUCTION OF FENCES AND ANIMAL HANDLING FACILITIES FOR THE LIMPOPO DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT. _________________________________________________________________________________________________________________ contract or letter of intent to Own or Hire 4-6 of the following: Truck or Hire from the Hiring Tractor & Trailer, LDVs, company, with their TLB/Excavator/loader/ Dozer, Fuel trailer, 3 concrete mixer, compactor and working proof of ownership tools or machines documents must be Own or Hire all of the following: Truck or attached). Copies must be Tractor & Trailer, LDVs, certified, not older than 3 TLB/Excavator/loader/ Dozer, Fuel trailer, months. concrete mixer, compactor, and working tools or machines. No information or CVs not attached or minimum requirement not met Has 1-3 of the following personnel: Site Agent/Civil technician, Project Manager, 3. Staffing profile: Details of Health and Safety, Foreman, Welder, relevant staff experience Builder, Plumber available for this Contract Has 4-6 of the following personnel: Site (attach CVs and certified Agent or Civil technician, Project Manager, qualifications with Identity Health and Safety officer, Foreman, Welder, documents), refer to Table 1 Builder, and Plumber. Has All of the following personnel: Site Agent or Civil technician, Project Manager, Health and Safety officer, Foreman, Welder, Builder and Plumber. 4. Experience in similar No information / No proof attached 0 works relevant to this technical field (Fencing 1 completed works relevant to scope of 1 Construction and Livestock works required in this term contract handling facilities) Bidders 2-3 completed works relevant to scope of must attach a table indicating works required in this term contract the projects successfully completed. 4 or more completed works relevant to scope of works required in this term Attach copies of: contract Appointment letters or 35 purchase orders, Completion certificates, and 5 Stamped reference letters agent. Contact information of the clients or agent must be provided. Use reference letter provided as Annexure A. Tender T17 of T90 T1.2 Part T1: Tendering Procedures Tender Data LIMPOPO DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT: TENDER NO. ACDP 23/17 A 3-YEAR FRAMEWORK AGREEMENT FOR THE SUPPLY, DELIVERY AND CONSTRUCTION OF FENCES AND ANIMAL HANDLING FACILITIES FOR THE LIMPOPO DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT. _________________________________________________________________________________________________________________ Total 100 C.3.11 Evaluation of Offers Evaluation in terms of 90/10 preference point system. a) The preferential points will be allocated for specific goals as prescribed in Section 2 of the Preferential Procurement Policy Framework Act (), Paragraph 3.2.1 and 7.7 of the Reconstruction and Development Programme White Paper of 1994 and the Broad-Based Economic Empowerment Act, 2003. b) When calculating prices: i. Unconditional discounts must be taken into account for evaluation purposes; and ii. Conditional discounts must not be taken into account for evaluation purposes but should be implemented when payment is affected. c) The formulae to be utilized in calculating points scored for price are as follows: 90/10 Preference point system [(for acquisition of goods or services for a Rand value equal to or above R30 000 and up to R50 million) (all applicable taxes included)] Ps = 90(1-((Pt-Pmin)/Pmin)) Where Ps = Points scored for comparative price of bid or offer under consideration Pt = Comparative price of bid or offer under consideration Pmin = Comparative price of lowest acceptable bid or offer. d) A maximum of 10 points will be awarded in accordance with the table below: NO PREFERANTIAL GOALS 10 MEANS OF VERIFICATION POINTS 1 Black People ownership > 51% 7 CSD and copy of company registration report 2 Women Ownership > 51% 1 Identity document 3 Persons with Disability Ownership 1 CSD and latest three months valid >51% Medical Certificate from recognized Medical Practitioner 4 Youth Ownership >51% 1 Identity document TOTAL POINTS 10 e) The points scored by a tenderer in respect of the specific goals above must be added to the points scored for price and the total must be rounded off to the nearest two decimal places. f) Only the tender with the highest number of points scored may be selected for an award. C3.3 SPECIAL CONDITIONS All costs incurred in the preparation and presentation of the proposal shall be wholly absorbed by the bidder. Supporting documentation submitted with the proposal will become the property of the Limpopo Provincial Government unless otherwise requested by the bidder at the time of submission. General Conditions of Contract 2010 2nd edition (GCC 2010) shall be used to manage the contract. Service provider must acquire their own copy. Tender T18 of T90 T1.2 Part T1: Tendering Procedures Tender Data LIMPOPO DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT: TENDER NO. ACDP 23/17 A 3-YEAR FRAMEWORK AGREEMENT FOR THE SUPPLY, DELIVERY AND CONSTRUCTION OF FENCES AND ANIMAL HANDLING FACILITIES FOR THE LIMPOPO DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT. _________________________________________________________________________________________________________________ All works under this contract are re-measurable. The documentation required before commencement with works execution are: o Health and Safety Plan (Refer to GCC Clause 4.3) o Initial programme (Refer to GCC Clause 5.6) o Security (Refer to GCC Clause 6.2 Performance Guarantee) o Insurance (Refer to GCC Clause 8.6) The penalty for failing to complete the works is 0.05% of the Total Tender Sum per Calendar Day. The limit of retention money is 10% of the Tender offer, excluding VAT and limited to 5% of the Contract amount, excluding Contract Price Adjustment, Contingencies and VAT. A Retention Money Guarantee will not be permitted. The defects liability period is 12 months. The latent defect period is 5 years Bidders who intend to cede their rights to payment to an institution as prescribed on Cession below should attach cession agreement with their bid proposal. Payment will only be made in accordance with the delivery of service that will be agreed upon by both parties and upon receipt of an original invoice. It is compulsory for a person to register for VAT if the value of taxable supplies made or to be made, is in excess of R1 million The service provider is required to provide a quote for all items, failure to quote according to the specification will invalidate your bid. The Department will not make any upfront payment to a successful service provider The department reserves the right to conduct a risk assessment for the recommended service provider to verify the provided information and authenticate the supporting documentation and may disqualify the service provider if the risk analysis feedback is negative. The Department reserve the rights not to allocate or award a Task Order to a none performing Contractor. The Department reserve the rights to price negotiation and balancing of unit prices to fair market prices. recommendation for disqualification will be made. C3.3.2 INSPECTION OF BIDDERS A maximum of 15 bidders will be enrolled into database. The highest qualifying bidders will be inspected at their premises for verification. The inspection will be done on the following: a) Physical structure or business where business activities take place. b) Main business activities. c) Track record will be verified. d) Relatedness of the main business activities to the tender under review. e) Office furniture and space. f) Office Equipment, IT facilities and computer software used to produce the required service. Tender T19 of T90 T1.2 Part T1: Tendering Procedures Tender Data LIMPOPO DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT: TENDER NO. ACDP 23/17 A 3-YEAR FRAMEWORK AGREEMENT FOR THE SUPPLY, DELIVERY AND CONSTRUCTION OF FENCES AND ANIMAL HANDLING FACILITIES FOR THE LIMPOPO DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT. _________________________________________________________________________________________________________________ g) Registration documents and accredited certificates. h) Audited Financial annual statements to verify financial position. i) Verification of Equipment, including 3rd party premises if required. C3.3.3 JOINT VENTURES 14.1 Should this bid be submitted by a joint venture, the joint venture agreement must accompany the bid document before the closing date and time of bid. The joint venture agreement must clearly specify the percentage of the contract to be undertaken by each company participating therein. 14.2 Each party to a Joint Venture/ Consortium must submit an original valid Tax Clearance Certificate together with the bid before the closing date and time of bid. 14.3 The joint venture or consortium must submit a formal agreement that outlines the roles and responsibilities of each member of the joint venture or consortium, nomination of an authorized person to represent the joint venture or consortium in all matters relating to this bid and the details of the bank account for payments to be affected. 14.4 The joint venture or consortium must comply with Central Suppliers Database (CSD) registration requirements as per National Treasury directive. C3.3.4 CESSION 1 Cession of payments will only be permissible to a registered financial institution in terms of the Financial Advisory and Intermediary Services Act or an approved credit provider in terms of the National Credit Act of 2005 2 Bidders who intend to cede their rights to payment to an institution as prescribed in 8.1 attach cession agreement with their bid proposal. C3.3.5 UNSATISFACTORY PERFORMANCE Unsatisfactory performance occurs when performance is not in accordance with the contract conditions. (i) The departmental official shall warn the contractor in writing that action will be taken in accordance with the contract conditions unless the contractor complies with the contract conditions and delivers satisfactory supplies or services within a specified reasonable time (7 days minimum). If the contractor does not perform satisfactorily despite the warning, the official will: (a) Take action in terms of its delegated powers; and (b) Make a recommendation to the Accounting Officer for cancellation of the contract concerned. (ii) When correspondence is addressed to the contractor, reference will be made to the contract number/item number/s and an explanation of the complaint. C3.3.6 VALIDITY PERIOD OF BID AND EXTENSION THEREOF 1 The validity (binding) period for the bid will be 240 days from close of bid. However, circumstances may arise whereby the department may request bidders to extend the validity (binding) period. Should this occur, the department will request bidders to extend the validity (binding) period under the same terms and conditions as originally offered for by bidders. This request will be done before the expiry of the original validity (binding) period. 2 VAT vendors must calculate VAT at 15%. C3.3.7 NEGOTIATIONS Bidders should note that the department might subject the successful bidders to negotiations for fair market Tender T20 of T90 T1.2 Part T1: Tendering Procedures Tender Data LIMPOPO DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT: TENDER NO. ACDP 23/17 A 3-YEAR FRAMEWORK AGREEMENT FOR THE SUPPLY, DELIVERY AND CONSTRUCTION OF FENCES AND ANIMAL HANDLING FACILITIES FOR THE LIMPOPO DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT. _________________________________________________________________________________________________________________ related prices. C3.3.8 SITE INSPECTION 1 As part of the evaluation process of this bid, the Department will conduct site inspections of premises of 10 high scoring bidders who have submitted bids, and 2 The purpose of the site inspections is to confirm validity and accuracy of the information submitted in the document cannot be confirmed during the site visit, the bidder will be disqualified. (See Inspection of bidders) C3.3.09 COMPLETION OF BID DOCUMENT The following are minimum requirements for completion of the bid document: - 1 Bidders are required to complete the entire bid document in terms of the requirements contained herein. 2 Where the space provided in the bid document is insufficient, separate schedules may be drawn up in accordance with the given formats. These schedules shall then be bound together with suitable contents page and submitted with the bid documents. 3 All bid documents, certificates, schedules (including additional schedules as mentioned above) and all forms required by this bid must be completed in black ink and signed by the authorized signatory. 4 Bid document should be returned in the provided sequence. Attachments must be in line with the index sequence of the bidder. 5 Bidders must ensure that there are no missing or duplicated pages. LDARD shall not accept liability regarding claims by bidders that pages are missing or duplicated. 6 Correction fluid is not allowed and any cancellation, alteration or amendment on the bid document must be signed for by the authorized signatory. Completed bid document with supporting documents shall be packaged, bound, sealed, marked, and submitted strictly as stipulated in this bid document. C3.3.10 LANGUAGE GOVERNANCE The contract shall be written in English. All correspondence and other documents pertaining to the contract that is exchanged by the parties shall also be written in English. C.3.13 Acceptance of Tender Offer C.3.13.1 Tender Offers will only be accepted on condition that: (a) The Tender Offer is signed by a person authorised to sign on behalf of the Tenderer; (b) 1993 and the Construction Regulations 2003, is included with his Tender submission; (c) a Tenderer who submitted a Tender as a Joint Venture has included an acceptable Joint Venture Agreement with his Tender; (d) the Contractor who submits the Tender has been registered with the Construction Industry Tender T21 of T90 T1.2 Part T1: Tendering Procedures Tender Data LIMPOPO DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT: TENDER NO. ACDP 23/17 A 3-YEAR FRAMEWORK AGREEMENT FOR THE SUPPLY, DELIVERY AND CONSTRUCTION OF FENCES AND ANIMAL HANDLING FACILITIES FOR THE LIMPOPO DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT. _________________________________________________________________________________________________________________ Development Board in accordance with the Construction Industry Development Board Act No. and the CIDB Regulations 2003 promulgated in terms of the Act, or if the Contractor can submit proof or evidence that he will be able to register within 10 days of the closing date for submission of Tenders; (e) the Tenderer or any of its principals is 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; (f) the Tenderer has not perform on any previous Contract and has been given a written notice to this effect; (g) The Tenderer or any of its Principals, Directors or Managers is not employed in the service of the State or any Municipality. In the event that such Principals are involved, official approval from the Executing Authority regarding carrying out remunerative work outside of the Public Service must be included in the Tender Submission. (h) the Employer is satisfied that the Tenderer or any of his Principals have not influenced the Tender Offer and acceptance by the following criteria: a. having Offered, promised or given a bribe or other gift or remuneration to any person in connection with the obtaining or execution of this Contract; b. having acted in a fraudulent or corrupt manner in obtaining or executing this Contract; c. d. having entered into any agreement or arrangement, whether legally binding or not, with any other Person, Firm or Company to refrain from Tendering for this Contract or as to the amount of the Tender to be submitted by either party; e. having disclosed to any other Person, Firm or Company other than the Employer, the exact or approximate amount of his proposed Tender; f. The Employer may, in addition to using any other legal remedies, repudiate the Tender Offer and acceptance and declare the Contract invalid should it have been concluded already. C.2.22 Return of Bid Documents Submitted bid documents shall become property of the Department. Bid Documents must be compiled and submitted in the sequence provided without omitting pages of the bid document. C.2.23 Certificates The Bidder is required to submit with his Bid the following: Joint Venture Agreement and Power of Attorney in case of Joint Ventures; VAT Registration Certificate from South African Revenue Services (SARS); the Compensation for Occupational Injuries and Diseases Act No. ); Form of intent by a bank or insurance company to provide a performance guarantee; (for open Bids) Company / CC / Trust / Partnership registration certificates; Certified Copies of Identity Document of all members of the entity (certification should not be more than 3 months old). Bidders must ensure that they meet the following requirements before the bid can be awarded. Tender T22 of T90 T1.2 Part T1: Tendering Procedures Tender Data LIMPOPO DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT: TENDER NO. ACDP 23/17 A 3-YEAR FRAMEWORK AGREEMENT FOR THE SUPPLY, DELIVERY AND CONSTRUCTION OF FENCES AND ANIMAL HANDLING FACILITIES FOR THE LIMPOPO DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT. _________________________________________________________________________________________________________________ Criteria Requirement Bidder must be tax compliant before the bid is awarded, i.e. Where the recommended bidder is not tax compliant, the bidder will be notified of their non-compliant status and be granted reasonable timeframe to rectify their tax compliance status with the South African Revenue Service. The bidder must thereafter provide the procuring entity with proof of its tax compliance status which must Tax compliance status be verified via the Central Supplier Database or e- Business registration The Company must be in business Company registration with central supplier database (CSD) Company must be registered on central supplier database (CSD) Shareholders or directors must not be employed by state In the service of the state status departments, municipalities, municipal entities, public entities Tender defaulting and restriction status Bidders Must not be listed as defaulters and/or restricted Appointed bidders must submit a valid COIDA certificate or proof of Registration Certificate payment thereof C.3.4 Opening of Bid Submissions Bid will be opened immediately after the closing time for Bids. The time and location for opening of the Bid Offers are: Time: 11:00 Date: 17 February 2026 Venue: Limpopo Department of Agriculture and Rural Development, at the Tender Box C.3.5 The two-envelope system will not apply to this Tender. C.3.17 Copies of Contract The number of paper copies of the signed Contract to be provided by the Employer is ONE. Tender T23 of T90 T1.2 Part T1: Tendering Procedures Tender Data LIMPOPO DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT: TENDER NO. ACDP 23/17 A 3-YEAR FRAMEWORK AGREEMENT FOR THE SUPPLY, DELIVERY AND CONSTRUCTION OF FENCES AND ANIMAL HANDLING FACILITIES FOR THE LIMPOPO DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT. ____________________________________________________________________________________________________________________ T1.3: Annex C: CIDB Standard Conditions of Tender 08 August 2019 (The conditions of tender are the Standard Conditions of Tender as contained in Annex C of Board Notice in Government Gazette No. August 2019, Construction Industry Development Board (CIDB) Standard for Uniformity in Construction Procurement. (See www.cidb.org.za)) C.1 General C.1.1 Actions C.1.1.1 The employer and each tenderer submitting a tender offer shall comply with these conditions of tender. In their dealings with each other, they shall discharge their duties and obligations as set out in C.2 and C.3, timeously and with integrity, and behave equitably, honestly and transparently, comply with all legal obligations and not engage in anticompetitive practices. C.1.1.2 The employer and the tenderer and all their agents and employees involved in the tender process shall avoid conflicts of interest and where a conflict of interest is perceived or known, declare any such conflict of interest, indicating the nature of such conflict. Tenderers shall declare any potential conflict of interest in their tender submissions. Employees, agents and advisors of the employer shall declare any conflict of interest to whoever is responsible for overseeing the procurement process at the start of any deliberations relating to the procurement process or as soon as they become aware of such conflict and abstain from any decisions where such conflict exists or recuse themselves from the procurement process, as appropriate. Note: 1) A conflict of interest may arise due to a conflict of roles which might provide an incentive for improper acts in some circumstances. A conflict of interest can create an appearance of impropriety that can undermine confidence in the ability of that person to act properly in his or her position even if no improper acts result. 2) Conflicts of interest in respect of those engaged in the procurement process include direct, indirect or family interests in the tender or outcome of the procurement process and any personal bias, inclination, obligation, allegiance or loyalty which would in any way affect any decisions taken. C.1.1.3 The employer shall not seek and a tenderer shall not submit a tender without having a firm intention and the capacity to proceed with the contract. C.1.2 Tender Documents The documents issued by the employer for the purpose of a tender offer are listed in the tender data. C.1.3 Interpretation C.1.3.1 The tender data and additional requirements contained in the tender schedules that are included in the returnable documents are deemed to be part of these conditions of tender. C.1.3.2 These conditions of tender, the tender data and tender schedules which are required for tender evaluation purposes, shall form part of any contract arising from the invitation to tender. C.1.3.3 For the purposes of these conditions of tender, the following definitions apply: a) conflict of interest means any situation in which: i) someone in a position of trust has competing professional or personal interests which make it difficult to fulfill his or her duties impartially; ii) an individual or tenderer is in a position to exploit a professional or official capacity in some way for their personal or corporate benefit; or iii) incompatibility or contradictory interests exist between an employee and the tenderer who employs that employee. Tender T24 of T90 T1.3 Part T1: Tendering Procedures Standard Conditions of Tender LIMPOPO DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT: TENDER NO. ACDP 23/17 A 3-YEAR FRAMEWORK AGREEMENT FOR THE SUPPLY, DELIVERY AND CONSTRUCTION OF FENCES AND ANIMAL HANDLING FACILITIES FOR THE LIMPOPO DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT. ____________________________________________________________________________________________________________________ b) comparative offer means the price after the factors of a non-firm price and all unconditional discounts it can be utilised to have been taken into consideration; c) corrupt practice means the offering, giving, receiving or soliciting of anything of value to influence the action of the employer or his staff or agents in the tender process; d) fraudulent practice means the misrepresentation of the facts in order to influence the tender process or the award of a contract arising from a tender offer to the detriment of the employer, including collusive practices intended to establish prices at artificial levels; C.1.4 Each communication between the employer and a tenderer shall be to or from the employer's agent only, and in a form that can be readily read, copied and recorded. Communications shall be in the English language. The employer shall not take any responsibility for non-receipt of communications from or by a tenderer. stated in the tender data. C.1.5 Cancellation and Re-Invitation of Tenders C.1.5.1 An employer 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 engineering and construction works specified in the invitation; 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. C.1.5.2 The decision to cancel a tender invitation must be published in the same manner in which the original tender invitation was advertised C.1.5.3 An employer may only with the prior approval of the relevant treasury cancel a tender invitation for the second time. C.1.6 Procurement procedures C.1.6.1 General Unless otherwise stated in the tender data, a contract will, subject to C.3.13, be concluded with the tenderer who in terms of C.3.11 is the highest ranked or the tenderer scoring the highest number of tender evaluation points, as relevant, based on the tender submissions that are received at the closing time for tenders. C.1.6.2 Competitive negotiation procedure C.1.6.2.1 Where the tender data require that the competitive negotiation procedure is to be followed, tenderers shall submit tender offers in response to the proposed contract in the first round of submissions. Notwithstanding the requirements of C.3.4, the employer shall announce only the names of the tenderers who make a submission. The requirements of C.8 relating to the material deviations or qualifications which affect the competitive position of tenderers shall not apply. C.1.6.2.2 All responsive tenderers or at least a minimum of not less than three responsive tenderers that are highest ranked in terms of the evaluation criteria stated in the tender data shall be invited to enter into competitive negotiations based on the principle of equal treatment, keeping confidential the proposed solutions and associated information. Tender T25 of T90 T1.3 Part T1: Tendering Procedures Standard Conditions of Tender LIMPOPO DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT: TENDER NO. ACDP 23/17 A 3-YEAR FRAMEWORK AGREEMENT FOR THE SUPPLY, DELIVERY AND CONSTRUCTION OF FENCES AND ANIMAL HANDLING FACILITIES FOR THE LIMPOPO DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT. ____________________________________________________________________________________________________________________ Notwithstanding the provisions of C.2.17, the employer may request that tenders be clarified, specified and fine-tuned in order to improve a competitive position provided that such clarification, specification, fine-tuning or additional information does not alter any fundamental aspects of the offers or impose substantial new requirements which restrict or distort competition or have a discriminatory effect. C.1.6.2.3 At the conclusion of each round of negotiations, tenderers shall be invited by the empl oyer to revise their tender offer based on the same evaluation criteria, with or without adjusted weightings. Tenderers shall be advised when they are to submit their best and final offer. C.1.6.2.4 The contract shall be awarded in accordance with the provisions of C.3.11 and C.3.13 after tenderers have been requested to submit their best and final offer. C.1.6.3 Proposal procedure using the two stage-system C.1.6.3.1 Option 1 Tenderers shall in the first stage submit technical proposals and, if required, cost parameters around which a contract may be negotiated. The employer shall evaluate each responsive submission in terms of the method of evaluation stated in the tender data, and in the second stage negotiate a contract with the tenderer scoring the highest number of evaluation points and award the contract in terms of these conditions of tender. C.1.6.3.2 Option 2 C.1.6.3.2.1 Tenderers shall submit in the first stage only technical proposals. The employer sha ll invite all responsive tenderers to submit tender offers in the second stage, following the issuing of procurement documents. C.1.6.3.2.2 The employer shall evaluate tenders received during the second stage in terms of the method of evaluation stated in the tender data, and award the contract in terms of these conditions of tender. C.2 C.2.1 Eligibility C.2.1.1 Submit a tender offer only if the tenderer satisfies the criteria stated in the tender data and the tenderer, or any of his principals, is not under any restriction to do business with employer. C.2.1.2 Notify the employer of any proposed material change in the capabilities or formation of the tendering entity (or both) or any other criteria which formed part of the qualifying requirements used by the employer as the basis in a prior process to invite the tenderer to submit a tender offer and obtain the C.2.2 Cost of tendering C.2.2.1 Accept that, unless otherwise stated in the tender data, the employer will not compensate the tenderer for any costs incurred in the preparation and submission of a tender offer, including the costs of any testing necessary to demonstrate that aspects of the offer complies with requirements. C.2.2.2 The cost of the tender documents charged by the employer shall be limited to the actual cost incurred by the employer for printing the documents. Employers must attempt to make available the tender documents on its website so as not to incur any costs pertaining to the printing of the tender documents. Tender T26 of T90 T1.3 Part T1: Tendering Procedures Standard Conditions of Tender LIMPOPO DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT: TENDER NO. ACDP 23/17 A 3-YEAR FRAMEWORK AGREEMENT FOR THE SUPPLY, DELIVERY AND CONSTRUCTION OF FENCES AND ANIMAL HANDLING FACILITIES FOR THE LIMPOPO DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT. ____________________________________________________________________________________________________________________ C.2.3 Check documents Check the tender documents on receipt for completeness and notify the employer of any discrepancy or omission. C.2.4 Confidentiality and copyright of documents Treat as confidential all matters arising in connection with the tender. Use and copy the documents issued by the employer only for the purpose of preparing and submitting a tender offer in response to the invitation. C.2.5 Reference documents Obtain, as necessary for submitting a tender offer, copies of the latest versions of standards, specifications, conditions of contract and other publications, which are not attached but which are incorporated into the tender documents by reference. C.2.6 Acknowledge addenda Acknowledge receipt of addenda to the tender documents, which the employer may issue, and if necessary apply for an extension to the closing time stated in the tender data, in order to take the addenda into account. C.2.7 Clarification meeting Attend, where required, a clarification meeting at which tenderers may familiarize themselves with aspects of the proposed work, services or supply and raise questions. Details of the meeting(s) are stated in the tender data. C.2.8 Seek clarification Request clarification of the tender documents, if necessary, by notifying the employer at least five (5) working days before the closing time stated in the tender data. C.2.9 Insurance Be aware that the extent of insurance to be provided by the employer (if any) might not be for the full cover required in terms of the conditions of contract identified in the contract data. The tenderer is advised to seek qualified advice regarding insurance. C.2.10 Pricing the tender offer C.2.10.1 Include in the rates, prices, and the tendered total of the prices (if any) all duties, taxes except Value Added Tax (VAT), and other levies payable by the successful tenderer, such duties, taxes and levies being those applicable fourteen (14) days before the closing time stated in the tender data. C.2.10.2 Show VAT payable by the employer separately as an addition to the tendered total of the prices. C.2.10.3 Provide rates and prices that are fixed for the duration of the contract and not subject to adjustment except as provided for in the conditions of contract identified in the contract data. C.2.10.4 State the rates and prices in Rand unless instructed otherwise in the tender data. The conditions of contract identified in the contract data may provide for part payment in other currencies. C.2.11 Alterations to documents Tender T27 of T90 T1.3 Part T1: Tendering Procedures Standard Conditions of Tender LIMPOPO DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT: TENDER NO. ACDP 23/17 A 3-YEAR FRAMEWORK AGREEMENT FOR THE SUPPLY, DELIVERY AND CONSTRUCTION OF FENCES AND ANIMAL HANDLING FACILITIES FOR THE LIMPOPO DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT. ____________________________________________________________________________________________________________________ Do not make any alterations or additions to the tender documents, except to comply with instructions issued by the employer, or necessary to correct errors made by the tenderer. All signatories to the tender offer shall initial all such alterations. C.2.12 Alternative tender offers C.2.12.1 Unless otherwise stated in the tender data, submit alternative tender offers only if a main tender offer, strictly in accordance with all the requirements of the tender documents, is also submitted as well as a schedule that compares the requirements of the tender documents with the alternative requirements that are proposed. C.2.12.2 Accept that an alternative tender offer must be based only on the criteria stated in the tender data or criteria otherwise acceptable to the employer. C.2.12.3 An alternative tender offer must only be considered if the main tender offer is the winning tender. C.2.13 Submitting a tender offer C.2.13.1 Submit one tender offer only, either as a single tendering entity or as a member in a joint venture to provide the whole of the works identified in the contract data and described in the scope of works, unless stated otherwise in the tender data. C.2.13.2 Return all returnable documents to the employer after completing them in their entirety, either electronically (if they were issued in electronic format) or by writing legibly in non-erasable ink. C.2.13.3 Submit the parts of the tender offer communicated on paper as an original plus the number of copies stated in the tender data, with an English translation of any documentation in a language other than English, and the parts communicated electronically in the same format as they were issued by the employer. C.2.13.4 Sign the original and all copies of the tender offer where required in terms of the tender data. The employer will hold all authorized signatories liable on behalf of the tenderer. Signatories for tenderers proposing to contract as joint ventures shall state which of the signatories is the lead partner whom the employer shall hold liable for the purpose of the tender offer. C.2.13.5 Seal the original and each copy of the tender offer as separate packages marking the packages as "ORIGINAL" and "COPY". Each package shall state on the outside the employer's address and identification details stated in the tender data, as well as the tenderer's name and contact address. C.2.13.6 Where a two-envelope system is required in terms of the tender data, place and seal the and place the envelope shall state tender data, as well as the tenderer's name and contact address. C.2.13.7 Seal the original tender offer and copy packages together in an outer package that states on the outside only the employer's address and identification details as stated in the tender data. C.2.13.8 Accept that the employer will not assume any responsibility for the misplacement or premature opening of the tender offer if the outer package is not sealed and marked as stated. C.2.13.9 Accept that tender offers submitted by facsimile or e-mail will be rejected by the employer, unless stated otherwise in the tender data. Tender T28 of T90 T1.3 Part T1: Tendering Procedures Standard Conditions of Tender LIMPOPO DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT: TENDER NO. ACDP 23/17 A 3-YEAR FRAMEWORK AGREEMENT FOR THE SUPPLY, DELIVERY AND CONSTRUCTION OF FENCES AND ANIMAL HANDLING FACILITIES FOR THE LIMPOPO DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT. ____________________________________________________________________________________________________________________ C.2.14 Information and data to be completed in all respects Accept that tender offers, which do not provide all the data or information requested completely and in the form required, may be regarded by the employer as non-responsive. C.2.15 Closing time C.2.15.1 Ensure that the employer receives the tender offer at the address specified in the tender data not later than the closing time stated in the tender data. Accept that proof of posting shall not be accepted as proof of delivery. C.2.15.2 Accept that, if the employer extends the closing time stated in the tender data for any reason, the requirements of these conditions of tender apply equally to the extended deadline. C.2.16 Tender offer validity C.2.16.1 Hold the tender offer(s) valid for acceptance by the employer at any time during the validity period stated in the tender data after the closing time stated in the tender data. C.2.16.2 If requested by the employer, consider extending the validity period stated in the tender data for an agreed additional period with or without any conditions attached to such extension. C.2.16.3 Accept that a tender submission that has been submitted to the employer may only be time for tenders that a tender is to be withdrawn or substituted. If the validity period stated in C.2.16 lapses before the employer evaluating tender, the contractor reserves the right to review the price based on Consumer Price Index (CPI). C.2.16.4 Where a tender submission is to be substituted, a tenderer must submit a substitute tender in C.2.17 Clarification of tender offer after submission Provide clarification of a tender offer in response to a request to do so from the employer during the evaluation of tender offers. This may include providing a breakdown of rates or prices and correction of arithmetical errors by the adjustment of certain rates or item prices (or both). No change in the competitive position of tenderers or substance of the tender offer is sought, offered, or permitted. Note: Sub-clause C.2.17 does not preclude the negotiation of the final terms of the contract with a preferred tenderer following a competitive selection process, should the Employer elect to do so. C.2.18 Provide other material C.2.18.1 Provide, on request by the employer, any other material that has a bearing on the tender offer, the commercial position (including notarized joint venture agreements), preferencing arrangements, or samples of materials, considered necessary by the employer for the purpose of a full and fair risk assessment. 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 the employer may regard the tender offer as non-responsive. C.2.18.2 Dispose of samples of materials provided for evaluation by the employer, where required. C.2.19 Inspections, tests and analysis Provide access during working hours to premises for inspections, tests and analysis as provided for in the tender data. C.2.20 Submit securities, bonds and policies Tender T29 of T90 T1.3 Part T1: Tendering Procedures Standard Conditions of Tender LIMPOPO DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT: TENDER NO. ACDP 23/17 A 3-YEAR FRAMEWORK AGREEMENT FOR THE SUPPLY, DELIVERY AND CONSTRUCTION OF FENCES AND ANIMAL HANDLING FACILITIES FOR THE LIMPOPO DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT. ____________________________________________________________________________________________________________________ bonds, guarantees, policies and certificates of insurance required in terms of the conditions of contract identified in the contract data. C.2.21 Check final draft Check the final draft of the contract provided by the employer within the time available for the employer to issue the contract. C.2.22 Return of other tender documents If so instructed by the employer, return all retained tender documents within twenty-eight (28) days after the expiry of the validity period stated in the tender data. C.2.23 Certificates Include in the tender submission or provide the employer with any certificates as stated in the tender data. C.3 C.3.1 Respond to requests from the tenderer C.3.1.1 Unless otherwise stated in the tender Data, respond to a request for clarification received up to five (5) working days before the tender closing time stated in the Tender Data and notify all tenderers who collected tender documents. C.3.1.2 Consider any request to make a material change in the capabilities or formation of the tendering entity (or both) or any other criteria which formed part of the qualifying requirements used to prequalify a tenderer to submit a tender offer in terms of a previous procurement process and deny any such request if as a consequence: a) an individual firm, or a joint venture as a whole, or any individual member of the joint venture fails to meet any of the collective or individual qualifying requirements; b) the new partners to a joint venture were not prequalified in the first instance, either as individual firms or as another joint venture; or c) in the opinion of the Employer, acceptance of the material change would compromise the outcome of the prequalification process. C.3.2 Issue Addenda If necessary, issue addenda that may amend or amplify the tender documents to each tenderer during the period from the date that tender documents are available until three (3) working days before the tender closing time stated in the Tender Data. If, as a result a tenderer applies for an extension to the closing time stated in the Tender Data, the Employer may grant such extension and, shall then notify all tenderers who collected tender documents. C.3.3 Return late tender offers Return tender offers received after the closing time stated in the Tender Data, unopened, (unless it is necessary to open a tender submission to obtain a forwarding address), to the tenderer concerned. C.3.4 Opening of tender submissions C.3.4.1 Unless the two-envelope system is to be followed, open valid tender submissions in the presence of agents who choose to attend at the time and place stated in the tender data. Tender submissions for which acceptable reasons for withdrawal have been submitted will not be opened. C.3.4.2 Announce at the meeting held immediately after the opening of tender submissions, at a Tender T30 of T90 T1.3 Part T1: Tendering Procedures Standard Conditions of Tender