Formation of framework for main contractors to implement top structures for integrated sustainable human settlements within eThekwini Municipality

Returnable Documents:

Tenders will be checked for compliance with the ELIGIBILITY requirements, as specified in the Tender Data: C.2.1. Tenders not in compliance will be deemed non-responsive. Functionality FUNCTIONALITY will not be used in the evaluation of tenders. Preference Point System The procedure for the evaluation of responsive tenders is PRICE AND PREFERENCE, in accordance with the Employer’s SCM Policy: Section 52: Preferential Procurement. The 80/20 preference points system, for requirements with a Rand value above R50,000,000 (all applicable taxes included), will be applied. The Formula used to calculate the Price Points (max. will be according to that specified below. Price Points A maximum of 80 or 90 points is allocated for price on the following basis: 80/20 Procurement System or 90/10 Procurement System  Pt − P min   Pt − P min  Ps = 801 −  Ps = 901 −   P min   P min  Where: Ps = Points scored for comparative price of bid under consideration Pt = Comparative price of bid under consideration Pmin = Comparative price of lowest acceptable bid Preference Points Reference is to be made to Returnable Form: MBD 6.1: Preference Points Claim. The Basket of Preference Goals (SCM Policy Section 52.7) The provisions of the SCM Policy: Section 52.7: The Basket of Preference Goals shall apply. Reference is to be made to Returnable Form: MBD 6.1: Preference Points Claim. The Preference Points (20 or 10) will be derived from points claimed for Specific Goals as indicated in the table(s) below, according to the specified Goal/ Category Weightings. Part T1: Tendering Procedures Document Version 01/07/2025 FORMATION OF FRAMEWORK FOR MAIN CONTRACTORS TO IMPLEMENT TOP STRUCTURES FOR INTEGRATED Contract No: 1H-33240 SUSTAINABLE HUMAN SETTLEMENTS WITHIN ETHEKWINI MUNICIPALITY Ownership Goal Goal Weighting: 60% The tendering entity’s Percentage Ownership, in terms of the Ownership Category(s) listed below, is to be used in the determination of the Tenderer’s claim for Preference Points. Ownership Categories Criteria 80/20 Race: Black Equals 0% 0 Between 0% and 51% 2.4 Greater or equal to 51% and less than 100% 4.2 Equals 100% 6 Gender: Female Equals 0% 0 Between 0% and 51% 2.4 Greater or equal to 51% and less than 100% 4.2 Equals 100% 6 Maximum Ownership Goal Points: 12 The Weightings of the Ownership Categories will be: w1 = 100%, w2=100%, w=100% (where: w1 + w2 = 100%) Proof of claim as declared on MBD 6.1 (1 or more of the following will be used in verifying the Tenderer’s status) Companies and Intellectual Property Commission registration document (CIPC) CSD report. B-BBEE Certificate of the tendering entity. Consolidated BBBEE Certificate if the tendering entity is a Consortium, Joint Venture, or Trust (Issued by verification agency accredited by the South African Accreditation System). Agreement for a Consortium, Joint Venture, or Trust. RDP Goal: The promotion of South African owned enterprises Goal Weighting: 40% The tendering entity’s Address (as stated on the National Treasury Central Supplier Database (CSD) or on the eThekwini Municipality Vendor Portal) is to be used in the determination of the Tenderer’s claim for Preference Points for this Specific Goal. Location 80/20 Not in South Africa 0 South Africa 3.2 Kwa Zulu Natal 5.6 eThekwini Municipality 8 Maximum Goal Points: 8 Proof of claim as declared on MBD 6.1 (1 or more of the following will be used in verifying the Tenderer’s status) CSD report Part T1: Tendering Procedures Document Version 01/07/2025 FORMATION OF FRAMEWORK FOR MAIN CONTRACTORS TO IMPLEMENT TOP STRUCTURES FOR INTEGRATED Contract No: 1H-33240 SUSTAINABLE HUMAN SETTLEMENTS WITHIN ETHEKWINI MUNICIPALITY C.3.13 Acceptance of tender offer: In addition to the requirements of Tender Data: C.3.13 of the Standard Conditions of Tender, tender offers will only be accepted if: (a) The Tenderer’s municipal rates and taxes are not in arears, or they have made arrangements to meet outstanding municipal fee obligations. (b) The Tenderer’s tax compliance status has been verified, or they have made arrangements to meet outstanding tax obligations. (c) If applicable, the Tenderer is registered, and “Active”, with the Construction Industry Development Board in an appropriate contractor grading designation. (d) The Tenderer or any of its directors/ shareholders are not listed on the Register of Tender Defaulters, in terms of the Prevention and Combating of Corrupt Activities Act of 2004, as a person prohibited from doing business with the public sector. (e) The Tenderer has not: Abused the Employer’s Supply Chain Management System; or ii) Failed to perform on any previous contract and has been given a written notice to this effect. (f) The Employer is reasonably satisfied that the Tenderer has in terms of the Construction Regulations (2014), issued in terms of the Occupational Health and Safety Act (1993), the necessary competencies and resources to carry out the work safely. The Municipality does not bind itself to accept the lowest or any tender. It reserves the right to accept the whole or any part of a tender to place orders. Bidders shall not bind the Municipality to any minimum quantity per order. The successful Tenderer(s) shall be bound to provide any quantities stipulated in the specification. The municipality has a firm intention to proceed with the work, subject to funding being identified. Notwithstanding the Standard Conditions of Tender: C.1.1.3 of, the municipality reserves the right to award or not award the tender based on the municipalities available budget. C.3.15 Complete adjudicator’s contract: Refer to the Conditions of Contract and the Contract Data. C.3.17 Copies of contract: The number of paper copies of the signed contract to be provided by the Employer is ONE (1). Tenderers are referred to the requirements as stated in the Tender Data: C.2.13. Part T1: Tendering Procedures Document Version 01/07/2025 FORMATION OF FRAMEWORK FOR MAIN CONTRACTORS TO IMPLEMENT TOP STRUCTURES FOR INTEGRATED Contract No: 1H-33240 SUSTAINABLE HUMAN SETTLEMENTS WITHIN ETHEKWINI MUNICIPALITY T1.2.3 ADDITIONAL CONDITIONS OF TENDER T1.2.3.1 Complaints and Objections (Appeals) Reference is to be made to Clause 49 of the eThekwini Supply Chain Management Policy. In terms of Section 49 of the Ethekwini SCM Policy any person aggrieved by decisions taken in the implementation of the SCM System may lodge, within 14 days of notification thereof, a written objection against the decision. The objection with regard to the decision is to be directed to: The City Manager Attention Ms S. Pillay eMail: Simone.Pillay@durban.gov.za P O Box 1394 DURBAN 4000 Any objection will only be processed upon receipt of a non-refundable administration fee of R1,814.00 (including VAT), as stipulated in the Municipality’s current SCM Policy. An objection will only be considered upon receipt of proof of payment of this fee which must be paid into the following bank account as a real-time payment: EThekwini Metropolitan Municipality Nedbank Account Number: 110-782-1118 Reference Number: Use the Contract Number T1.2.3.2 Prohibition on awards to persons in the service of the state Clause 44 of the Supply Chain Management Regulations states that the Municipality or Municipal Entity may not make any award to a person: (a) Who is in the service of the State; (b) If that person is not a natural person, of which a director, manager, principal shareholder or stakeholder is a person in the service of the state; or (c) Who is an advisor or consultant contracted with the municipality or a municipal entity. Should a contract be awarded, and it is subsequently established that Clause 44 has been breached, the Employer shall have the right to terminate the contract with immediate effect. T1.2.3.3 Code of Conduct and Local Labour The Tenderers shall make themselves familiar with the requirements of the following policies: Code of Conduct; The Use of CLOs and Local Labour. T1.2.3.4 Functionality Specification Functionality Evaluation is not applicable to this tender. Part T1: Tendering Procedures Document Version 01/07/2025 FORMATION OF FRAMEWORK FOR MAIN CONTRACTORS TO IMPLEMENT TOP STRUCTURES FOR INTEGRATED Contract No: 1H-33240 SUSTAINABLE HUMAN SETTLEMENTS WITHIN ETHEKWINI MUNICIPALITY PART T2: RETURNABLE DOCUMENTS T2.1 LIST OF RETURNABLE DOCUMENTS T2.1.1 General The Tender Submission Documentation must be submitted in its entirety. All forms must be properly completed and signed as required. The Tenderer is required to complete and sign each and every Schedule and Form listed below to the best of their ability as the evaluation of tenders and the eventual contract will be based on the information provided by the Tenderer. Failure of a Tenderer to complete the Schedules and Forms to the satisfaction of the Employer will inevitably prejudice the tender and may lead to rejection on the grounds that the tender is non- responsive. T2.1.2 Returnable Schedules, Forms and Certificates Entity Specific T2.2.1 Compulsory Enterprise Questionnaire .................................................................. 30 T2.2.2 Certificate of Attendance at Clarification Meeting/ Site Inspection ....................... 31 T2.2.3 MBD 4: Declaration of Interest .............................................................................. 32 T2.2.4 MBD 5: Declaration for Procurement Above R10 Million (if applicable) ............... 34 T2.2.5 Contracts Awarded by Organs of State in the past 5 years .................................. 35 T2.2.6 MBD 6.1: Preference Points Claim Form (SCM Policy Section 52.5) ................... 36 T2.2.6 MBD 6.1: Preference Points Claim Form (SCM Policy Section 52.7) ................... 36 T2.2.7 MBD 6.2: Declaration for Local Production and Content (if applicable) ................ 38 T2.2.8 MBD 8: Declaration of Bidder’s Past SCM Practices ............................................ 42 T2.2.9 MBD 9: Certificate of Independent Bid Determination .......................................... 44 T2.2.10 Declaration of Municipal Fees ............................................................................... 46 T2.2.11 Contractor's Health and Safety Declaration .......................................................... 47 T2.2.12 CSD Registration Report ....................................................................................... 49 T2.2.13 CIDB Registration and Status ............................................................................... 50 T2.2.14 Joint Venture Agreements (if applicable) .............................................................. 51 T2.2.15 Record of Addenda to Tender Documents ............................................................ 53 T2.2.16 Experience of Tenderer ......................................................................................... 54 Technical or Functionality Evaluation T2.2.16 Experience of Tenderer ......................................................................................... 58 T2.2.17 Proposed Organisation and Staffing ..................................................................... 59 T2.2.18 Key Personnel ....................................................................................................... 60 T2.2.19 Experience of Key Personnel ................................................................................ 61 T2.2.20 Preliminary Programme ......................................................................................... 62 Part T2: Returnable Documents Document Version 01/07/2025 B-BBEE Minimum Level: 6