provide professional advisory services - City of

8.1. These Special Conditions of Contract shall supplement the General Conditions of Contract. Whenever there is a conflict, the provisions herein shall prevail over those in the General Conditions of Contract and SLA entered. 8.2. The successful bidder (transactional advisor) will be required to enter into a service level agreement (SLA) with the City before commencement with any work. 8.3. This bid and all contracts emanating there from this bid will be subject to the General Conditions of Contract (GCC). The Special Conditions are supplementary to those of the General Conditions of Contract. Where, however, the Special Conditions of Contract conflict with General Conditions of Contract, the Special Conditions of the Contract prevail. 8.4. Shortlisted bidders may be invited for a presentation. 8.5. The successful bidder will be expected to develop and submit the technical methodology that must outline the approach and plan of the successful bidder in implementing the deliverables of this bid. The technical methodology will form part of the basis for service level agreement content and project charter. The technical methodology must be agreed upon and approved by the City’s technical team before any commencement with the work. 8.6. No service may be provided without an official purchase order. 8.7. Failure to comply with any of the conditions and special conditions may lead to termination of the contract. 8.8. In the case of a joint venture or consortium bid for the tender, an agreement of the parties should be submitted, and relevant documents submitted. A team constituted for the sake of submission should be maintained when the bidding is successful. 8.9. Following appointment, the successful service provider shall submit a letter to the City of Tshwane confirming the composition of the team members as per bid submission or equivalent team members with similar credentials, failure shall lead to immediate termination. 8.10. A successful bidder will receive a written notification of appointment through email from the COT Supply Chain Management, and no payment or compensation is required from the bidder. The City will not be liable for misrepresentation as result of solicitation of inducement or bribe. 8.11. All Bidders must continuously monitor amendments that may be made on the City the e-Tender website for the above bid. The City will not be held liable/responsible if Tenderers do not view responses to questions/queries/comments which were posted on the e-Tender portal and the City’s website. 8.12. The expected team should jointly be led by a Professional Commercial Legal Advisor or an Economics/Finance Advisor. The technical team should be led by the professional registered Electrical/Mechanical Engineer with ECSA and Professional Project Manager/ Registered with the South African Council for the Project and Construction Management Profession (PrCPM). 8.13. The following are proposed and expected Transactional Advisors team members. NUMBER PROFESSIONAL LEGAL AND FINANCIAL SERVICE 1 Commercial legal/Law professional 2 Economics/ Finance professional (SAICA. SAIPA, CIMA) 3 PROFESSIONAL TECHNICAL TEAM 4 Professional Project Management (SACPCMP) 5 Professional Town Planning (SACPLAN) 6 Professional Architectural (SACAP) 7 Professional Civil/Structural Engineer (ECSA) 8 Professional Electrical Engineer (ECSA) 9 Professional Mechanical Engineer (ECSA) 10 Professional Quantity Surveyor (SACQS) 11 Professional Property Valuer (SACPVP) Professional Environmental Specialist (Registered EAP/ Pr. Sci. Nat) The Environmental Assessment Practitioners Association of South Africa (EAPASA) The Council for Natural Scientific Professions (SACNASP) 13 Heritage Specialist 14 MFMA Procurement Specialist 8.14. An experienced bidder in providing professional advice on local government guided by municipal legislation, especially on contract management, will have added advantage. 9. DURATION OF APPOINTMENT OF TRANSACTION ADVISOR 9.1. The deliverables set out under these terms of reference will be guided by the proposed period and will be part of the agreement between the City and the successful Transactional Advisor. In addition, the Transaction Advisor is required to provide a project plan with timeframes (Technological methodology) as part of their proposal to be submitted before commencement with any work to the CoT’s project team. Details of these milestones and mandatory deliverables, and schedule must be agreed with the successful TA before commencement of any work. And will be enforced through service level agreement to be signed with the successful bidder. 9.2. The TA’s appointment will commence as soon as the contract has been signed and end once financial close is reached with the successful bidder, it is expected that the duration of advisory services (TA) required by the city will be for period of three years (36 months). 10. INFORMATION Additional information as may be deemed appropriate must be submitted. 11. ADDING VALUE It is expected that potential service providers will critique the brief with the purpose of adding value where possible in the proposal to be submitted. Thus, the onus is on the service provider to add value to the brief in terms of their special competencies. 12. COST OF SUBMISSION OF PROPOSAL The City is not responsible for any costs incurred by the service providers in the process of developing the proposals. The submitted budget (tendered prices) for this service must incorporate all expenses to be incurred by the service provider. 13. OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS The ownership of all Intellectual Property Rights associated with this work will be vested within the City, for its exclusive use, or for use by the City of Tshwane Group Property, Energy and Electricity Business Unit, Group Financial services and Group Legal Services. Whereas any other stakeholder requires the City’s prior consent to use all work developed within the assignment.

a) City of Tshwane currently owns the Rooiwal Power Station (Facility) and has realised that the Facility is not generating electrical energy to its full capacity. In this regard the Council of the City of Tshwane has resolved to explore viable means of ensuring that the Facility is generating Energy to its capacity. b) The Rooiwal Power station was commissioned in 1963 and the last unit in 1970. The installed capacity for Rooiwal PS is 300MW. The PS comprises five (5) turbo- generator units, each rated at 60MW (Total of 300MW). c) The repairs and maintenance budgets remain inadequate to run the power generation to full capacity, and The City does not have adequate technical and financial capacity to leverage on the potential of these assets to enhance the City’s energy security d) The City of Tshwane wishes to optimise the use of the Facility through de-risking and leveraging third party resources for the refurbishment and upgrade of the assets; and contributing towards meeting its current and future power needs. e) The Facility can potentially provide substantial benefits to the City of Tshwane if, amongst others, it is properly refurbished to enable it to possibly generate energy to supplement energy purchased from national supplier Eskom Holdings Limited. If the Facilities are fully functional, they could provide almost 20% of the Energy required by the City of Tshwane and thereby increasing energy security and contribute to alleviating the country’s electricity supply deficit. f) The City of Tshwane intends to procure suitable and experienced transactional advisor (TA) to assist the city in preparing the documents and providing professional advisory services to assist the City of Tshwane to select and appoint the Bidder to assume ownership, through a lease agreement, of the Rooiwal power station for purposes of generating Energy to the possible maximum capacity of the Facility City of Tshwane view on the Rooiwal Power Station lease Project g) For the potential Bidders, the Project offers an opportunity to provide City of Tshwane with a Proposal for the restoration of the Facility to its possible maximum capacity. h) The Project will be implemented on a Lease basis; the Bidder will take ownership of the Facility for the Lease Period with obligations to carry out the Project. On expiry of the Lease Period the ownership of the Facility will revert to the City of Tshwane. i) The Project will be implemented through leasing of the Facility to the successful Bidder, then the City of Tshwane intends to conclude a PPA with the successful Bidder for the purchase of the Energy Generated from the Facility. j) Accordingly, the Project will, amongst other things, seek to: - i. integrate design, construction, operations and maintenance to achieve optimum lifecycle cost balance. ii. promote a viable risk sharing regime between the Bidder and City of Tshwane; and iii. strive for excellence from the Bidder in the provision of a service based on a payment mechanism that incentivises the Bidder to perform. k) The Bidder will be a single legal entity, resident in South Africa for tax purposes and competent to transact with City of Tshwane as such. l) The Bidder will be required to assume a substantial portion of all forms of project life-cycle risk (including design, construction, financing, operation, and maintenance risks, and closure of the Facility at the end of the term). m) The expected benefits to the municipality- The maximum functioning and operation of the power station will provide the City with reliable energy sources. The key benefits for the City include the following: i. Unlocking rental revenue as part of ongoing measures to enhance the City’s cash position. ii. Reducing and/or eliminating maintenance costs. iii. Enhancing residual value. n) Once services have commenced, the Bidder will be entitled to sell the electrical energy to the City of Tshwane, and the City of Tshwane will be obliged to buy the Energy from the Bidder on terms and conditions set out in the PPA and approved by NERSA and related authorities. o) The CoT wishes to invite an experienced transaction advisor to provide professional advisory service to lease and develop the Rooiwal PS. 4. GLOSSARY OF TERMS The following acronyms are used in this bid BEC Bid Evaluation Committee BAC Bid Adjudication Committee B-BBEE Broad Based Black Economic Empowerment CSD Central Supplier Database CoT City of Tshwane MFMA Municipal Finance Management Act MSA Municipal Systems Act PSC Project Steering Committee RFP Request for Proposal RFQ Request for Qualification TA Transaction Advisor 5. DEFINITIONS The following definitions are used in this tender invite: 5.1. Bidder means the bidding entity either by way of consortia or joint ventures or individual entity, that bids for the Rooiwal Power Station Project. 5.2. General Conditions of Contract means the contractual conditions set for arrangements between government institutions and private entities, obtainable from the National Treasury website on www.treasury.gov.za; 5.3. Project means the development of a Rooiwal Power Station for City of Tshwane. 5.4. Project Steering Committee means the committee established by the Project Officer to steer the project and to ensure delivery on all project objectives. 5.5. Tenderer means any prospective professional firm that tenders for the work under this RFP. 5.6. Request for Proposal means a set of documents issued by the procuring authority that set out: the basis or requirements for submitting the proposal (which documents and in which format and contents the bidder has to submit) and the basis of the evaluation criteria for selecting the preferred bidder or awardee. It is an invitation to the interest bidder to participate in the procurement process. 6. DISCLAIMER The information contained in these tender documents has been prepared by the City of Tshwane in good faith based on information obtained from various sources. While all reasonable care has been taken in preparing these tender documents the information contained herein does not purport to be comprehensive to have been verified by the City of Tshwane or any of its officers, employee’s agents or any other person. Accordingly, neither the City of Tshwane nor any of its advisors make any representation or warranty or give any undertaking express or implied, or accept any liability or responsibility for the adequacy or completeness of any of the information or opinions stated herein or any other written or oral information made available in connection with this process and nothing contained herein is, or shall be relied upon as, a promise or representation or whether as to the past or the future. These tender documents may not contain all information which may be requested by tenderers to develop their tenders. Each tenderer should conduct its own independent analysis of these requirements, and the relevant data supplied or referred to herein or that have been obtained during its investigation. The terms and conditions set out in these tender documents is stipulated for the express benefit of the City of Tshwane and save as expressly stated to the contrary, may be waived at the City of Tshwane’s discretion at any time. The City of Tshwane reserves the right to amend, modify or withdraw or cancel this tender or terminate any of the procedures or requirements prior to closing of the tender and in respect of which this tender has been issued, through public notice to the tenderers. The City of Tshwane also reserves the right to appoint in part or full or not at all by notifying the successful applicant which sections will be commissioned, and which section will be excluded. The City of Tshwane and its staff shall not under any circumstances be liable for any cost, damages or expenses incurred by tenderers as a result of the above amendments, modification or cancelation of this tender. Tenderers submitting a tender will be deemed to do so on the basis that they have satisfied themselves as to the authority of the City of Tshwane to procure these services and to be fully acquainted with the laws of South Africa (including without limitation all statutes and regulations on a national, provincial and local government level) to the subject matter of these services. Tenderers are therefore, at any stage of the procurement phase and service contract, not entitled to request any advice or opinion from anyone or more of the advisors to the City of Tshwane on the competency of the City of Tshwane to procure the services in relation to the Project. The City of Tshwane reserves the right to request clarification on any of the tenders submitted in respect to this tender, without liability to compensate or reimburse the tenderer. Any response by a tenderer to this tender does not imply that the City of Tshwane is assured of the tenderer’s financial stability, technical competence or ability in any way to carry out the requirements of this tender. Requirements for sealing, addressing, delivery, opening and assessments of tenders are further stated in these tender documents. 7. SCOPE OF SERVICES REQUIRED The scope of services expected in terms of the lease and development of the Rooiwal Power Station is detailed below. The successful bidder to be appointed as transactional advisor (TA) will assist the in developing the scope of work (specification) for the request of proposal to be issued by the City as part of the process to lease and develop Rooiwal power station. The TA will advise and assist the city from the start of the transaction until successful financial closure of leasing the Rooiwal power station. The prospective bidders are expected to submit a comprehensive bid with priced deliverables and timelines which corresponds with the scope of work. 7.1. DELIVERABLE 1: INCEPTION REPORT The inception report should describe the understanding and interpretation of the service provider’s plan of action or approach which will cover key elements as indicated in the Terms of Reference. In addition, this will cover timelines required for conducting the study. Further information to enhance this approach will be considered. 7.2. DELIVERABLE 2: NEED AND STATUS QUO ANALYSIS The needs and status quo analysis gives definition to the proposed project, preparing the way for the technical solution options analysis. This should, demonstrate that the project aligns with the municipality’s strategic pillars / objectives and IDPs. Summarise the municipality’s mission and vision statements, its strategic objectives and government policy that determines what the municipality’s deliverables are. This should cover demographics, trends, and review of current plans, policies, legislation etc. Identify and analyse the available budget. Demonstrate the municipality’s commitment and capacity. Conduct the SWOT analysis (Strength, weakness (limitations), threats and opportunities in the land parcels of the City owned land around Rooiwal Power Station. 7.3. DELIVERABLE 3: TECHNICAL DUE DELLIGENCE The due diligence stage aims to uncover any technical issues on the power station. It is an unbiased audit of the station. This in-depth analysis will eventually identify potential risks, the advantages and disadvantages of investing in the Power station. This should include but no limited to assessment of all infrastructure assets of the power stations, supporting assets like railway, roads, values assessment, life spans of assets. Undertake analysis and surveys on environmental matters- Air quality, climate and noise (Basic scoping), geo-technical matters, heritage matters, Water Use License, Occupational health and safety, waste management etc. 7.4. DELIVERABLE 4: LEGAL DUE DELLIGENCE This is a legal and regulatory analysis on the leasing and development of the Rooiwal Power Station. The legal and regulatory analysis will include a review of the Legal Frameworks that may impact the implementation of the project. This will include South African Legislation (National, Provincial, Local) as well as Regulations governing Legislatures. This should cover; Legal issues, Site enablement issues including the following (Land ownership, Land availability and any title deed endorsements, Potential land claims, Lease interests in the land, land consolidation and classification, Zoning rights and town planning requirements. In addition, this should analyse existing contracts which might negatively affect the development of the Power Station. 7.5. DELIVERABLE 5: ECONOMIC AND FINANCIAL ANALYSIS This is economic sense and soundness of the proposed investment. This should be accompanied by financials to establish commercial viability of the proposed investment in the Power Station. The financials should cover, NPV, IRR, and ROI, Payback period etc. Conduct value for money assessment and determine appropriate transfer of financial risks from the municipality to the private party. Analyse the socio- economic impact of the development. A report should cover these elements and beyond. 7.6. DELIVERABLE 6: STAKEHOLDER ANALYSIS The Transaction Advisor shall identify and conduct an overview of each of the participating organizations involved in the Project, including the public and private sectors, as well as organized labour as part of the stakeholder engagement analysis. This should consider employees currently employed at the station. Develop a plan of consultation and absorption guided by the Labour relations act and other relevant legislation or policies. 7.7. DELIVERABLE 7: RISK ASSESMENT The TA to conduct comprehensive risks assessment of the development. This should consider all relevant risks of the project. A risk matrix and register should be developed. 7.8. DELIVERABLE 8: PROCUREMENT PLAN Investigate and analyses procurement option of the development, leasing been the first priority. Analyse these options against applicable legal legislation – (National, Provincial, and local). This should include development of RFP and contract. 7.9. DELIVERABLE 9: PARTICIPATE IN COMMITTEES The TA is expected to participate in the Bid Specification Committee (BSC) and Bid Evaluation Committee (BEC) established to process the bids. 7.10. DELIVERABLE 10: PARTICIPATE IN NEGOTIATIONS The TA is expected to assist the city in contract negotiations. The required assistance will be detailed in the service level agreement. 7.11. DELIVERABLE 11: PUBLIC PARTICIPATION The TA in consultation with the City shall arrange the Public Participation or Consultation where necessary. 7.12. DELIVERABLE 12: MANAGEMENT OF THE TRANSACTION ADVISOR A TA should nominate a liaison(s) an experienced professional(s) to manage the TA team. A professional should coordinate the activities of various TA team members. The City of Tshwane will establish a project team (Project Steering Committee) to engage regularly with the TA to efficiently complete the various delivery items. The Project Steering Committee will meet at least monthly, and the TA’s liaison (s) will report progress at these meetings. 7.13. DELIVERABLE 13: REPORTING 7.13.1. In addition to the above, meetings will be scheduled to coincide with the key deliverables of the TA in the delivery of the project. 7.13.2. The City of Tshwane’s Chief Operation Office (COO) or the nominee will verify and confirm that the TA has satisfactorily completed each delivery before invoices can be submitted for payment or compensation to be approved. 7.13.3. Within two months from the commencement date, the TA will submit an Inception Report giving a detailed work plan and assignments for everyone in the team. This is a report to guide the timelines and deliverables as expected from the appointed TA. 7.13.4. The TA will submit monthly progress reports as may be agreed to describe the progress of work and further planned actions, an updated work schedule, and any key constraints encountered by the team in the performance of the activities. 7.13.5. The monthly detailed progress report and presentation (Microsoft PowerPoint) in the following format Microsoft Word, PDF is required. 7.13.6. The reports submitted by the TA will be approved within such a period as will be agreed with the City of Tshwane, to ensure that there are no delay or disruptions to the TA activities. Reports will be submitted in respect to key deliverables for decision making and approval.

14.1. The proposal must either conform to the minimum requirements as set out in this document, or it must be stated clearly how it deviates from these requirements and why. Proposals strictly sticking to specifications are preferred. Offers exceeding the minimum requirements of the specifications are acceptable. Minor deviations may be considered. 14.2. This document will be a binding contract between the successful service provider and the City once the proposal has been accepted by the organization and will be enforced through the service level agreement (SLA). 14.3. Service providers are at liberty to discuss any technical aspects of this bid with the City of Tshwane and enquiries must be referred to: Bid enquiries: All technical enquiries of this bid shall be in writing and can be directed to Phillip Maswanganyi at email address: rooiwalpower@tshwane.gov.za NON-COMPLIANCE WITH DELIVERY TERMS 15.1. As soon as it becomes known to the City that the incumbent will not be able to render services within the expected period and/or against the quoted price and/or as specified, the City must be given immediate written notice to this effect. In instances of non-compliance with certain sections of the contract by the service provider, the City reserves the right to terminate the agreement. The non-compliance clause will be enforced through service level agreement (SLA) to be signed with the successful bidder. CONFIDENTIALITY This proposal and all information in connection therewith shall be held in strict confidence by bidders and usage of such information shall be limited to the preparation of the bid. Bidders shall undertake to limit the unauthorized number of copies of this document. All bids are bound by a confidentiality agreement preventing the unauthorized disclosure of any information regarding the City or of its activities to any other organization or individual. The bidders may not disclose any information, documentation, or products to other clients without written approval of the City. COPYRIGHT Copyrights of all documentation (reports) etc. in relation to this bid belong to the City. The successful bidder may not disclose any information, documentation, or products to other clients without written approval of the City. NON-COMMITMENT The City is not bound to accept any of the bids submitted. The City reserves the right to withdraw or amend these terms of reference (bid) by notice in writing to all parties who have received the terms of reference prior to the closing date. The cost of preparing and submitting bids will not be reimbursed. FRAUD AND CORRUPTION All prospective service providers are to take note of the implications of contravening the Prevention and Combating of Corrupt Activities Act, Act No and any other Act applicable. REVIEW PROCESS Compliance with requirements: To evaluate and adjudicate bids effectively, it is imperative that bidders submit responsive bids. To ensure that a bid is regarded as responsive it is imperative to comply with all conditions and to state whenever there are deviations. Documents submitted on time by bidders shall not be returned and shall remain the property of the City. REASONS FOR REJECTION 21.1. The City will not accept the late bid submissions after closing date and time. The City reserves the right to disqualify bids that are not according to specification/Terms of Reference. Bidders must clearly indicate compliance or non-compliance with specification/Terms of Reference. 21.2. Bidders shall not contact the City or Energy and Electricity Business Unit (EEBU) on any matter pertaining to their bid from the time the bids are closed to the time the bid has been awarded. Any effort by a bidder to influence the bid evaluation, bid comparisons or bid award decisions in any matter may result in rejection of the bid concerned. The City shall reject a submission if the bidder has committed a proven corrupt or fraudulent act in competing for a particular contract. 21.3. All bidders/directors of the bidding entity that have been backlisted by National Treasury, or/ and any defaulters will be disqualified. PARTIES NOT AFFECTED BY WAIVER OR BREACHES The waiver (whether express or implied) by any Party of any breach of the terms or conditions of this contract by the other Party shall not prejudice any remedy of the waiving party in respect of any continuing or other breach of the terms and conditions hereof. No favor, delay, relaxation, or indulgence on the part of any Party in exercising any power or right conferred on such Party in terms of this contract shall operate as a waiver of such power or right nor shall any single or partial exercise of any such power or right under this agreement. TERMINATION FOR DEFAULT The City, without prejudice to any other remedy for breach of contract, by written notice of default sent to the bidder may terminate this contract in whole or in part: (i) if the bidder fails to deliver any or all the services within the period(s) specified in the contract, or within any extension thereof granted by The City pursuant to General Conditions of Contract (GCC Clause 21.2); (ii) if the bidder fails to perform any other obligation(s) under the contract. (iii) if the bidder, in the judgment of the City has engaged in corrupt or fraudulent practices in competing for or in executing the contract. In the event the City terminates the contract as a whole or in part, the City may procure, upon such terms and in such manner as it deems appropriate, services like those undelivered, and the bidder shall be liable to the City for any excess costs for such similar services. However, the bidder shall continue the performance of the contract to the extent not terminated. The above conditions of termination will be enforced through the service level agreement to be signed with the successful bidder RETENTION On termination of this agreement, the bidder shall, on demand, hand over all documentation provided as part of the service and all deliverables, etc., without the right of retention, to the City. No agreement to amend or vary a contract or order or the conditions, stipulations or provisions thereof shall be valid and of any force and effect unless such agreement to amend or vary is entered into in writing and signed by the contracting parties. Any waiver of the requirement that the agreement to amend or vary shall be in writing, shall also be in writing. SCREENING AND VETTING Acceptance of this bid may be subject to the condition that both the contracting bidder and its personnel providing the service must be cleared by the appropriate authorities to the level of Confidential/Secret/ Top Secret. CLIENT BASE Bidders must have specific experience in the delivery of the required service and must submit recent references or client base reflecting the entity where a similar service was conducted. The City and the Group Property Department reserve the right to contact references during the evaluation and adjudication process to obtain confirmation. SERVICE LEADER The Service leader is the City of Tshwane’s Electricity and Energy Business Unit (EEBU) Department that has requested the service. PHASESS OF EVALUATION / CRITERIA FOR SELECTION OF SERVICE PROVIDERS The bid evaluation and finalisation process will be done in four Stages as follows: Stage 1: Administrative Compliance Stage 2: Mandatory requirements Stage 3: Functionality Criteria Stage 4: Preferential Point System 28.1. STAGE 1: ADMINISTRATIVE COMPLIANCE All the bids will be evaluated against the administrative responsiveness requirements as set out in the list of returnable documents. Compulsory Returnable Documentation Submitted Checklist (Guide for (Submission of (YES or NO) Bidder and the Bid these are compulsory) Evaluation Committee) To enable The City to verify the bidder’s tax Tax status must be compliant compliance status, the bidder must provide; before the award. Tax compliance status PIN. or Central Supplier Database (CSD) A copy of their Central Supplier Database CSD must be valid. (CSD) registration; or indicate their Master Registration Number / CSD Number; Confirmation that the bidding company’s Was a Municipal Account rates and taxes are up to date: Original or Statement, signed lease copy of Municipal Account Statement of the agreement or letter from the Bidder (bidding company) not older than 3 local councillor provided for the months and account must not be in arrears bidding company? The name for more than ninety (90) days; or ,signed and / or addresses of the lease agreement or In case of bidders bidder’s statement correspond located in informal settlement, rural areas or with CIPC document, Address areas where they are not required to pay on CSD or Company profile? Rates and Taxes a letter from the local Are all payment(s) up to date councillor confirming they are operating in (i.e. not in arrears for more that area than 90 days? In addition to the above, confirmation that all Was a Municipal Account the bidding company’s owners / members / Statement, signed lease directors / major shareholders rates and agreement or letter from the taxes are up to date: • Original or copy of local councillor provided for the Municipal Account Statement of all the South bidding company? The name African based owners / members / directors / and / or addresses of the major shareholders not older than 3 months bidder’s statement correspond and the account/s may not be in arrears for with CIPC document, Address more than ninety (90) days; or a signed lease on CSD or Company profile? agreement of owners / members / directors / Are all payment(s) up to date major shareholders or In case of bidders (i.e. not in arrears for more located in informal settlement, rural areas or than 90 days? areas where they are not required to pay Rates and Taxes a letter from the local councillor confirming they are residing in that area Duly Signed and completed MBD forms All documents fully completed (MBD 1, 4, 5, 8 and 9) The person signing (i.e. no blank spaces)? All the bid documentation must be authorized to documents fully signed by (any sign on behalf of the bidder. Where the director / member / trustee as signatory is not a Director / Member / Owner / indicated on the CIPC Shareholder of the company, an official letter document, alternatively a of authorization or delegation of authority delegation of authority would should be submitted with the bid document. be required? Documents completed in black ink (i.e. no Compulsory Returnable Documentation Submitted Checklist (Guide for (Submission of (YES or NO) Bidder and the Bid these are compulsory) Evaluation Committee) NB: Bidders must ensure that the directors, “Tippex” corrections, no pencil, trustees, managers, principal shareholders, no other colour ink, or non- or stakeholders of this company, declare submission of the MBD any interest in any other related companies forms, will be considered)? or business, whether or not they are bidding for this contract. See Question 3.14 of MBD 4. Failure to declare interest will result in a disqualification Audited Financial Statements for the most Applicable for tenders above recent three (3) years or Audited Financial R10m in conjunction with MBD Statements from date of existence for 5) companies less than three years old. NB: The bidder must submit signed audited Are Audited financial annual financial statements for the most recent statements provided (Audited three years, or if established for a shorter financials must be signed by period, submit audited annual financial auditor) Or proof that the statements from date of establishment. bidder is not required by law to prepare audited financial If the bidder is not required by law to prepare statements. signed annual financial statements for auditing purposes, then the bidder must submit proof that the bidder is not required by law to prepare audited financial statements. Joint Ventures (JV) – (Only applicable when If applicable. JV agreement the bidder tenders as a joint venture) Where provided? JV agreement the bidder bids as a joint venture (JV), the complete and relevant? required or relevant documents as per (a) to Agreement signed by all (f) above must be provided for all JV parties. parties? All required In addition to the above the bidder must documents as per (i.e. a to f) submit a Joint Venture (JV) agreement must be provided for all signed by the relevant parties. partners of the JV. NB: It is a condition of this bid that the successful bidder will continue with the same Joint Venture (JV) for the duration of the contract unless prior approval is obtained from the City. Bidder attended a compulsory briefing A compulsory briefing register session where applicable must be signed by the bidder. Bidders will be disqualified should they fail to attend compulsory briefing session Pricing schedule (All items must be quoted Incomplete pricing schedule for in pricing schedule and if not, all items are results in totals being quoted the bidder will be disqualified). Unless incomparable. Bidder must be the tender is awarded per item or per section disqualified. where the bidder only quoted the items or sections, they are interested in. Bidder will be disqualified should they make corrections on the price schedule without attaching a signature or initialising thereto. Bidder will be disqualified should they use tippex/