appoint professional service providers to supply, install, maintain, repair a...

Returnable Documents:

3.4 Proof of Electrician NQF 5 5 25 company’s level 5 employee appointed as competent person (Artisan) Electrician NQF 4 SAQA certified level 4 . Proof of qualifications must be provided certified by a commissioner of oaths. Minimum NQF Level 4 (RED SEAL) Total: 100 1.4 STAGE 4: PREFERENTIAL POINT SYSTEM The preferential point system used will be the 80/20 points system in terms of the Preferential Procurement Policy Framework Act, 2000 (Act ) Regulations 2022. 80 points for price 20 points for Specific goals Specific Goals Bidders are required to submit supporting documents for their bids to claim the specific goal points. Non-compliance with specific goals will not lead to disqualification but bidders will not be allocated specific goal points. Bidders will score points out of 80 for price only and zero (0) points out of 20 for specific goals. The city of Tshwane shall act against any bidder or person when it detects that the specific goals were claimed or obtained on a fraudulent basis. The specific goal for this bid is outlined below. Bidders are to submit supporting documents as outlined below to be eligible for points. of 45 Contract: GPM 17-2025/26: GPM 17-2025/26: Tender to appoint professional service providers to supply, install, maintain, repair and upgrade of existing heating, ventilation, air conditioning and cooling systems city wide as and when required for a period of 3 years. With effect from 01 December 2026 or nearest date. CLAUSE NUMBER TENDER DATA Specific goals 80/20 preference Proof of specific goals to be point system submitted BB-BEE score of companies Valid Certified copy of BBBEE certificate. Sworn Affidavit for Level 1 • 8 Points B-BBEE qualifying small Level 2 • 7 Points enterprise or Exempt Micro Level 3 • 6 Points Enterprises or CIPC BBBEE Level 4 • 5 Points certificate. Level 5 • 4 Points Level 6 • 3 Points Level 7 • 2 Points Level 8 • 1 Point Non-compliant • 0 Points EME and/ or QSE 2 Points Valid Sworn affidavit for B-BBEE qualifying small enterprise or Exempt Micro Enterprises or CIPC BBBEE certificate At least 51% of Women- 2 Points Certified copy of Identity owned companies Document/s and proof of ownership (Sworn affidavit for B-BBEE qualifying small enterprise or Exempt Micro Enterprises, CIPC registration or any other proof of ownership) At least 51% owned 2 Points Medical Certificate with doctor’s companies by People with details (Practice Number, disability Physical Address, and contact numbers) and proof of ownership (Sworn affidavit for B-BBEE qualifying small enterprise or Exempt Micro Enterprises, CIPC registration or any other proof of ownership At least 51% owned 2 Point Certified copy of Identity companies by Youth Document/s and proof of ownership (Sworn affidavit for B-BBEE qualifying small enterprise or Exempt Micro Enterprises, CIPC registration or any other proof of ownership Local Economic Municipal Account Participation 4 Points statement/Lease agreement. City of Tshwane 2 Points Gauteng 1 Point National For points to be allocated as per above the tenderers will be required to submit proof of documentation as evidence for claims made. Any tenderer that does not submit evidence as stated in the bid document to claim applicable points will be allocated zero points. Market Analysis of 45 Contract: GPM 17-2025/26: GPM 17-2025/26: Tender to appoint professional service providers to supply, install, maintain, repair and upgrade of existing heating, ventilation, air conditioning and cooling systems city wide as and when required for a period of 3 years. With effect from 01 December 2026 or nearest date. CLAUSE NUMBER TENDER DATA The City of Tshwane reserves the right to conduct a market analysis. Should the City exercise this option, where a service provider offers a price that is deemed not to be viable to supply goods or services as required, written confirmation will be made with the service provider to determine if it will be able to deliver on the price. If a service provider confirms that it cannot, the service provider will be disqualified based on being non-responsive. If the service provider confirms that it can deliver, a tight contract to mitigate the risk of non-performance will be entered into with the service provider. Further action on failures by the supplier to deliver will be handled in terms of the contract, including performance warnings and listing on the database of restricted suppliers. The City of Tshwane further reserves the right to negotiate a market-related price with the service provider that scored the most points. If the service provider does not agree to a market-related price, the City reserves the right to negotiate a market-related price with the service provider that scored the second-most points. If the service provider that scored the second-most points does not agree to a market-related price, the City will negotiate a market-related price with the service provider that scored the third-most points. If a market-related price is not agreed, the City reserves the right to cancel the tender. C.2.2 Cost of The employer will not compensate the tenderer for any costs incurred in attending Tendering interviews or making any submissions in the office of the employer. C.2.5 Reference Add the following: Documents NONE C.2.7 Clarification No clarification meeting is required. meeting C.2.8 Seek clarification Request clarification of the tender documents, if necessary, by notifying the employer at least 2 (two) working days before the closing time stated in the tender data. C.2.12 Alternative Alternative tender offers will not be considered. offers C.2.13 Submitting a • The tender offer shall be completed in non-erasable black ink pen. tender offer • Any entry made by the tenderer in the document which the tenderer desires to change, shall not be erased or painted out. A line shall be drawn through the incorrect entry, and the correct entry shall be written above in non-erasable black ink and the full signature of the tenderer shall be placed next to the correction. C.2.13.2 Replace the contents of the clause with the following: Return all volumes of the tender document to the Employer after completion of the relevant sections of each volume in their entirety, either electronically (if they were issued in electronic format) or by writing in black ink. All volumes are to be left intact in original format, and no pages shall be removed or re- arranged of 45 Contract: GPM 17-2025/26: GPM 17-2025/26: Tender to appoint professional service providers to supply, install, maintain, repair and upgrade of existing heating, ventilation, air conditioning and cooling systems city wide as and when required for a period of 3 years. With effect from 01 December 2026 or nearest date. CLAUSE NUMBER TENDER DATA C.2.13.3 Parts of each tender offer communicated on paper shall be submitted as an original, plus a scanned copy in PDF format on a compact disc. In addition to the hard copy submission, each tenderer is required to submit a scanned copy of the fully completed and signed tender submission document. This is to be on a memory stick (USB) attached to the original tender submission documents, adequately identifiable as belonging to the tenderer, be in PDF format scanned at 400 DPI, and be in full colour. C.2.13.4 Add the following to the clause Only authorised signatories may sign the original and all copies of the tender offer where required. In the case of a ONE-PERSON CONCERN submitting a tender, this shall be clearly stated. In the case of a COMPANY submitting a tender, include a copy of a resolution by its board of directors authorising a director or other official of the company to sign the documents on behalf of the company. In the case of a CLOSE CORPORATION submitting a tender, include a copy of a resolution by its members authorising a member or other official of the corporation to sign the documents on each member’s behalf. In the case of a PARTNERSHIP submitting a tender, all the partners shall sign the documents, unless one partner or a group of partners has been authorised to sign on behalf of each partner, in which case proof of such authorisation shall be included in the Tender. In the case of a JOINT VENTURE/CONSORTIUM submitting a tender, include a resolution of each company of the joint venture together with a resolution by its members authorising a member of the joint venture to sign the documents on behalf of the joint venture. Accept that failure to submit proof of authorisation to sign the tender shall result in the tender offer being regarded as non-responsive. C.2.13.5 The identification details are: Tender Reference: GPM 17 - 2025/26 Tender Description: GPM 17-2025/26: Tender to appoint professional service providers for the maintenance, repair, upgrade, supply and installation of new and existing heating, ventilation, air conditioning and cooling systems city wide as and when required for a period of 3 years. C.2.13.9 Telephonic, telegraphic, telex, facsimile or e-mailed offers will not be accepted C.2.13.10 Add the following sub- clause C.2.13.10: Accept that all conditions, which are printed or written upon any stationery used by the Tenderer for the purpose of or in connection with the submission of a tender offer for this of 45 Contract: GPM 17-2025/26: GPM 17-2025/26: Tender to appoint professional service providers to supply, install, maintain, repair and upgrade of existing heating, ventilation, air conditioning and cooling systems city wide as and when required for a period of 3 years. With effect from 01 December 2026 or nearest date. CLAUSE NUMBER TENDER DATA Contract, which are in conflict with the conditions laid down in this document shall be waived, renounced and abandoned. C.2.14 Information Add the following to the clause: and data to be completed in The Tenderer is required to enter information in the following sections of the document: all respects Section T2.2 : Returnable Schedules Section C1.1 : Form of Offer and Acceptance Section C1.2 : Contract Data (Part 2) Section C2.2 : Pricing Schedule The above sections shall be signed by the Tenderer (and witnesses where required). Individual pages should only be initialled by the successful Tenderer and by the witnesses after acceptance by the Employer of the Tender Offer. The Tenderer shall complete and sign the Form of Offer prior to the submission of a Tender Offer. The Schedule of Deviations (if applicable) shall be signed by the successful Tenderer after acceptance by the Employer of the Tender Offer. Accept that failure on the part of the Tenderer to submit any one of the Returnable Documents listed in Part T2 – Returnable Documents within the period stipulated, shall be just cause for the Employer to consider the tender offer as being regarded as non-responsive. Accept that the Employer shall in the evaluation of tender offers take due account of the Tenderer’s past performance in the execution of similar engineering works of comparable magnitude, and the degree to which he possesses the necessary technical, financial and other resources to enable him to complete the Works successfully within the contract period. Satisfy the Employer and the Engineer as to his ability to perform and complete the Works timeously, safely and with satisfactory quality, and furnish details in Part T2 – Returnable Documents. C.2.15 Closing time The closing date and time is: Closing Time: 10h00 Closing Date: 17 February 2026 Each tender shall be enclosed in a sealed envelope, bearing the correct identification details (Clause C.2.13.5) and shall be placed in the tender box located at: (TENDER BOX AT THE ENTRANCE OF Tshwane House) TSHWANE HOUSE 320 MADIBA STREET PRETORIA CENTRAL 0048 This address is 24 hours available for delivery of tender offers. Please ensure that all required compliance documents are included upon submission as no additional documents will be requested from bidders after closing. C.2.16 Tender offer The tender offer validity period is 90 days. validity of 45 Contract: GPM 17-2025/26: GPM 17-2025/26: Tender to appoint professional service providers to supply, install, maintain, repair and upgrade of existing heating, ventilation, air conditioning and cooling systems city wide as and when required for a period of 3 years. With effect from 01 December 2026 or nearest date. CLAUSE NUMBER TENDER DATA City of Tshwane shall have right and power to extent any tender validity period beyond any initial validity period set and subsequent extensions. SCM shall ensure that an extension of C.2.16.5 validity is requested in writing from all bidders before the validity expiry date. Extension of validity shall be finalized while the quotations/bids are still valid. Add the following new clause If the tender validity period expires on a Saturday, Sunday or public holiday, the tender offer shall remain valid and open for acceptance until closure of business on the following working day. C.2.18 Provide other The tenderer shall, when requested by the employer to do so, submit the names of all material 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 Inspections, Add the following at the end of the clause: tests and analysis .... or upon written request. C.2.20 Submit The tenderer is required to submit with his tender proof of his Professional Indemnity securities, Insurance. bonds, policies, etc. C.2.23 Certificates Refer to part T2 of this procurement document for a list of the documents that are to be returned with the tender. Add the following new clause C.2.24 Canvassing and The Tenderer shall not make any attempt either directly or indirectly to canvass any of the obtaining of Employer’s officials or the Employer’s agent in respect of his tender, after the opening of the additional tenders but prior to the Employer arriving at a decision thereon. information by tenderers The Tenderer shall not make any attempt to obtain particulars of any relevant information, other than that disclosed at the opening of tenders. Add the following new clause C.2.25 Prohibitions on The Employer is prohibited to award a tender to a person - awards to a) who is in the service of the state; or persons in b) if that person is not a natural person, of which any director, manager, principal service of the shareholder or stakeholder is a person in the service of the state; or state c) a person who is an advisor or consultant contracted with the municipality or municipal entity. In the service of the state means to be - a member of: - any municipal council. any provincial legislature; or the National Assembly or the National Council of Provinces. a member of the board of directors of any municipal entity. an official of any municipality or municipal entity. an employee of any national or provincial department. of 45 Contract: GPM 17-2025/26: GPM 17-2025/26: Tender to appoint professional service providers to supply, install, maintain, repair and upgrade of existing heating, ventilation, air conditioning and cooling systems city wide as and when required for a period of 3 years. With effect from 01 December 2026 or nearest date. CLAUSE NUMBER TENDER DATA provincial public entity or constitutional institution within the meaning of the Public Finance Management Act, 1999 (Act No.). a member of the accounting authority of any national or provincial public entity; or an employee of Parliament or a provincial legislature. In order to give effect to the above, the questionnaire for the declaration of interests in the tender of persons in service of state in part T2 of this procurement document must be completed. Add the following new clause C.2.26 Awards to close Accept that the notes to the Employer’s annual financial statements must disclose particulars family of any award of more than R2000 to a person who is a spouse, child or parent of a person in members of the service of the state (defined in clause F2.25), or has been in the service of the state in the persons in the previous twelve months, including - service of the a) the name of that person. state b) the capacity in which that person is in the service of the state; and the amount of the award. In order to give effect to the above, the questionnaire for the declaration of interests in the tender of persons in service of state in part T2 of this procurement document must be completed. Add the following new clause C.2.27 Vendor The contractor will be required registering as a supplier/ service provider on the City of registration Tshwane’s vendor register before any payment can be done. If the tenderer is already registered as a vendor, it is required to record the vendor number in space provided on the cover page of this Tender document. Vendor registration documents are available from the Procurement Advice Centre or can be downloaded from http://www.tshwane.gov.za/procurement.cfm All parties of a joint venture or consortium submitting a tender shall comply with the requirements of this clause. Add the following new clause C.2.28 Tax National Treasury SCM Instruction no. /18 clause 4 application during SCM Processes state that: The designated official(s) must verify the tenderer’s tax compliance status prior to the finalisation of the award of the tender or price quotation. Where the recommended tenderer is not tax compliant, the tenderer should be notified of their non- compliant status and the tenderer must be requested to submit to the municipality or municipal entity, within 7 working days, written proof from South African Revenue Services of their tax compliance status or proof from SARS that they have made an arrangement to meet their outstanding tax obligations. The proof of tax compliance status submitted by the tenderer to the municipality or municipal entity must be verified via the Central Supplier Database or e-Filing of 45 Contract: GPM 17-2025/26: GPM 17-2025/26: Tender to appoint professional service providers to supply, install, maintain, repair and upgrade of existing heating, ventilation, air conditioning and cooling systems city wide as and when required for a period of 3 years. With effect from 01 December 2026 or nearest date. CLAUSE NUMBER TENDER DATA Accept that the tenderer will be rejected if such tenderer fails to provide proof of tax compliance status in terms of clause 4.2 of National Treasury SCM Instruction no. /18 C.3.1 Respond to The employer will respond to requests for clarification up to 2 (two) working days before the requests from tender closing time. the tenderer C.3.1.1 C.3.4 Opening of Tenders will be opened immediately after the closing time for tenders tender submissions C.3.11 Evaluation of STAGES OF EVALUATION tender offers STAGE 1: ADMINISTRATIVE COMPLIANCE STAGE 2: MANDATORY COMPLIANCE STAGE 3: FUNCTIONALITY CRITERIA STAGE 4: PREFERENTIAL PROCUREMENT POINT SYSTEM C.3.11.1 General Method 1 will be used to evaluate all responsive tender offers in terms of new Clause C.3.11.2 of the Standard Conditions of Tender Add the following new clause: C.3.11.2 Method 1: The procedure for the evaluation of responsive tender is Method 1. Financial offer and preference The financial offer will be scored using Formula 2 (Option 1) in Table C.1 where the value of W1 is: 90 where the financial value of all responsive tender received have a value in excess of R50 million (all applicable taxes included). 80 where the financial value of all responsive tender has a value that equals or less than R50 million (all applicable taxes included). Up to 100 minus W1 tender evaluated points will be awarded to tenderers who completed the preferencing schedule and who are found to be eligible for the preference claimed. Add the following new clause: C.3.11.3 80/20 The 80/20 preference point system for acquisition of services, works or goods up to Rand Preference value of R50 million: Point System (a) The following formula must be used to calculate the points for price in respect of tenders (including price quotation) with a Rand value equal to, or above R 30 000 and up to Rand value of R50 000 000 (all applicable taxes included): Pt−Pmin (i) Ps= 80 × [1 −( Pmin)] Where: Ps = Points scored for comparative price of tender or offer under consideration. Pt = Comparative price of tender of offer under consideration; and Pmin = Comparative price of lowest acceptable tender or offer. of 45 Contract: GPM 17-2025/26: GPM 17-2025/26: Tender to appoint professional service providers to supply, install, maintain, repair and upgrade of existing heating, ventilation, air conditioning and cooling systems city wide as and when required for a period of 3 years. With effect from 01 December 2026 or nearest date. CLAUSE NUMBER TENDER DATA (ii) An Employer of state may apply the formula in paragraph (i) for price quotations with a value less than R 30 000, if and when appropriate. (b) Subject to subparagraph (c), points must be awarded to a tender for attaining the specific goals of contributor in accordance with the table below: Specific goals 80/20 preference Proof of specific goals to be point system submitted BB-BEE score of companies Valid Certified copy of BBBEE Level 1 • 8 Points certificate. Sworn Affidavit for Level 2 • 7 Points B-BBEE qualifying small Level 3 • 6 Points enterprise or Exempt Micro Level 4 • 5 Points Enterprises or CIPC BBBEE Level 5 • 4 Points certificate. Level 6 • 3 Points Level 7 • 2 Points Level 8 • 1 Point Non-compliant • 0 Points EME and/ or QSE 2 Points Valid Sworn affidavit for B-BBEE qualifying small enterprise or Exempt Micro Enterprises or CIPC BBBEE certificate At least 51% of Women- 2 Points Certified copy of Identity owned companies Document/s and proof of ownership (Sworn affidavit for B- BBEE qualifying small enterprise or Exempt Micro Enterprises, CIPC registration or any other proof of ownership) At least 51% owned 2 Points Medical Certificate with doctor’s companies by People with details (Practice Number, disability Physical Address, and contact numbers) and proof of ownership (Sworn affidavit for B- BBEE qualifying small enterprise or Exempt Micro Enterprises, CIPC registration or any other proof of ownership At least 51% owned 2 Point Certified copy of Identity companies by Youth Document/s and proof of ownership (Sworn affidavit for B- BBEE qualifying small enterprise or Exempt Micro Enterprises, CIPC registration or any other proof of ownership Local Economic Participation Municipal Account City of Tshwane 4 Points statement/Lease agreement. Gauteng 2 Points National 1 Point (c) A maximum of 20 points may be allocated in accordance with subparagraph (b) of 45 Contract: GPM 17-2025/26: GPM 17-2025/26: Tender to appoint professional service providers to supply, install, maintain, repair and upgrade of existing heating, ventilation, air conditioning and cooling systems city wide as and when required for a period of 3 years. With effect from 01 December 2026 or nearest date. CLAUSE NUMBER TENDER DATA (d) The points scored by tender in respect of B-BBEE contribution contemplated in subparagraph (b) must be added to the points scored for price a calculated in accordance with subparagraph (a). (e) The contract must be awarded to the tender who scores the highest total number of points. Add the following new clause: C.3.11.4 90/10 The 90/10 preference point system for acquisition of services, works or goods above a Rand Preference value of R50 million: Point System (a) The following formula must be used to calculate the points for price in respect of tenders (including price quotation) with a Rand value above R50 000 000 (all applicable taxes included): Pt−Pmin (i) Ps= 90 × [1 −( Pmin)] Where: Ps = Points scored for comparative price of tender or offer under consideration. Pt = Comparative price of tender of offer under consideration; and Pmin = Comparative price of lowest acceptable tender or offer. (ii) An Employer of state may apply the formula in paragraph (i) for price quotations with a value less than R 30 000, if and when appropriate. (b) Subject to subparagraph (c), points must be awarded to a tender for attaining the specific goals level of contributor in accordance with the table below: (c) A maximum of 10 points may be allocated in accordance with subparagraph (b) (d) The points scored by tender in respect of B-BBEE contribution contemplated in subparagraph (b) must be added to the points scored for price a calculated in accordance with subparagraph (a). (e) The contract must be awarded to the tender who scores the highest total number of points. Add the following New Clause: C.3.11.5 Scoring Score the financial offers of remaining responsive tender offers using the following formula: financial offers N FO = W1  A Where N FO is the number of tender evaluation points awarded for the financial offer. W1 is the maximum possible number of tender evaluation points awarded for the financial offer as stated in the tender data. A is a number calculated using the formula and option described in Table F.1 as stated in the tender data. Table C.1: Formulae for calculating the value of A of 45 Contract: GPM 17-2025/26: GPM 17-2025/26: Tender to appoint professional service providers to supply, install, maintain, repair and upgrade of existing heating, ventilation, air conditioning and cooling systems city wide as and when required for a period of 3 years. With effect from 01 December 2026 or nearest date. CLAUSE NUMBER TENDER DATA Formula Comparison Option 1a Option 2a aimed at achieving 1 Highest price  ( P − Pm )  or discount A = 1 +   A = P Pm  Pm  2 Lowest price or  ( P − Pm )  Pm percentage A = 1 − A =  commission /  P  Pm  fee a Pm is the comparative offer of the most favourable comparative offer. P is the comparative offer of the tender offer under consideration C.3.13 Acceptance of Tender offers will only be accepted if: Tender Offer (a) the tenderer complies with the eligibility criteria stated in clause C.2.1 (b) the tenderer is able to provide proof of tax compliance status in terms of clause 4.2 of National Treasury SCM Instruction no. /18. (c) the tenderer is not in arrears for more than 3 months with municipal rates and taxes and municipal service charges. (d) the tenderer or any of its directors 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. (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 tenderer has completed the Compulsory Enterprise Questionnaire and there are no conflicts of interest which may impact on the tenderer’s ability to perform the contract in the best interests of the employer or potentially compromise the tender process and persons in the employ of the state are permitted to submit tenders or participate in the contract. (g) the tenderer is registered and in good standing with the compensation fund or with a licensed compensation insurer; C.3.17 Copies of One signed copy of contract shall be provided by the Employer to the successful Tenderer. Contract of 45 Contract: GPM 17-2025/26: GPM 17-2025/26: Tender to appoint professional service providers to supply, install, maintain, repair and upgrade of existing heating, ventilation, air conditioning and cooling systems city wide as and when required for a period of 3 years. With effect from 01 December 2026 or nearest date. T1.3 STANDARD CONDITIONS OF TENDER TABLE OF CONTENTS C.1 General ..................................................................................................................................................... 24 C.1.1 Actions ................................................................................................................................................... 24 C.1.2 Tender Documents ................................................................................................................................ 24 C.1.3 Interpretation ........................................................................................................................................ 24 C.1.4 Communication and Employer’s agent ................................................................................................. 25 C.1.5 Cancellation and re-invitation of tenders ............................................................................................. 25 C.1.6 Procurement procedures ...................................................................................................................... 25 C.1.6.1 General.......................................................................................................................................... 25 C.1.6.2 Competitive negotiation procedure ............................................................................................. 25 C.1.6.3 Proposal procedure using the two stage-system .......................................................................... 26 C.2 Tenderer’s obligations .............................................................................................................................. 26 C.2.1 Eligibility ................................................................................................................................................ 26 C.2.2 Cost of tendering ................................................................................................................................... 26 C.2.3 Check documents .................................................................................................................................. 26 C.2.4 Confidentiality and copyright of documents ......................................................................................... 27 C.2.5 Reference documents ........................................................................................................................... 27 C.2.6 Acknowledge addenda .......................................................................................................................... 27 C.2.7 Clarification meeting ............................................................................................................................. 27 C.2.8 Seek clarification ................................................................................................................................... 27 C.2.9 Insurance ............................................................................................................................................... 27 C.2.10 Pricing the tender offer ......................................................................................................................... 27 C.2.11 Alterations to documents...................................................................................................................... 27 C.2.12 Alternative tender offers ....................................................................................................................... 28 C.2.13 Submitting a tender offer ...................................................................................................................... 28 C.2.14 Information and data to be completed in all respects .......................................................................... 28 C.2.15 Closing time ........................................................................................................................................... 29 C.2.16 Tender offer validity .............................................................................................................................. 29 C.2.17 Clarification of tender offer after submission ....................................................................................... 29 C.2.18 Provide other material .......................................................................................................................... 29 C.2.19 Inspections, test and analysis ................................................................................................................ 29 C.2.20 Submit securities, bonds, policies, etc. ................................................................................................. 29 C.2.21 Check final draft .................................................................................................................................... 30 C.2.22 Return of other tender documents ....................................................................................................... 30 C.2.23 Certificates ............................................................................................................................................ 30 C.3 The employer’s undertakings ................................................................................................................... 30 C.3.1 Respond to requests from the tenderer ............................................................................................... 30 C.3.2 Issue addenda ....................................................................................................................................... 30 C.3.3 Return late tender offers ...................................................................................................................... 30 C.3.4 Opening of tender submissions............................................................................................................. 31 C.3.5 Two-envelope system ........................................................................................................................... 31 C.3.6 Non-disclosure ...................................................................................................................................... 31 C.3.7 Grounds for rejection and disqualification............................................................................................ 31 C.3.8 Test for responsiveness ......................................................................................................................... 31 C.3.9 Arithmetical errors, omissions and discrepancies ................................................................................. 32 C.3.10 Clarification of a tender offer ................................................................................................................ 32 C.3.11 Evaluation of tender offers ................................................................................................................... 32 C.3.11.1 General.......................................................................................................................................... 33 C.3.12 Insurance provided by the employer .................................................................................................... 33 C.3.13 Acceptance of tender offer ................................................................................................................... 33 of 45 Contract: GPM 17-2025/26: GPM 17-2025/26: Tender to appoint professional service providers to supply, install, maintain, repair and upgrade of existing heating, ventilation, air conditioning and cooling systems city wide as and when required for a period of 3 years. With effect from 01 December 2026 or nearest date. C.3.14 Prepare contract documents ................................................................................................................ 34 C.3.15 Complete adjudicator’s contract ........................................................................................................... 34 C.3.16 Notice to unsuccessful tenderers .......................................................................................................... 34 C.3.17 Provide copies of the contracts ............................................................................................................. 34 C.3.18 Provide written reasons for actions taken ............................................................................................ 35 of 45 Contract: GPM 17-2025/26: GPM 17-2025/26: Tender to appoint professional service providers to supply, install, maintain, repair and upgrade of existing heating, ventilation, air conditioning and cooling systems city wide as and when required for a period of 3 years. With effect from 01 December 2026 or nearest date. 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. 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 only required for tender evaluation purposes, shall not 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: conflict of interest means any situation which: someone in a position of trust has competing professional or personal interests which make it difficult to fulfil his or her duties impartially. ii) an individual or organisation 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 organisation which employs that employee. 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. of 45 Contract: GPM 17-2025/26: GPM 17-2025/26: Tender to appoint professional service providers to supply, install, maintain, repair and upgrade of existing heating, ventilation, air conditioning and cooling systems city wide as and when required for a period of 3 years. With effect from 01 December 2026 or nearest date. 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. 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 Communication and Employer’s agent 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. The name and contact details of the Employer’s agent are stated in the tender data. C.1.5 Cancellation and re-invitation of tenders C.1.5.1 An organ of state may, prior to the award of the tender, cancel the tender if- (a) due to changed circumstances, there is no longer a need for the services, works or goods requested; or (b) funds are no longer available to cover the total envisaged expenditure. (c) no acceptable tenders are received; or (d) there is a material irregularity in the tender process. C.1.5.2 The decision to cancel the tender 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 a 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.3.8 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 not less than three responsive tenderers that are highest ranked in terms of the evaluation method and evaluation criteria stated in the tender data, shall be invited in each round to enter into competitive negotiations, based on the principle of equal treatment and keeping confidential the proposed solutions and associated information. Notwithstanding the provisions of C.2.17, the Employer may request that tenders be clarified, specified and fine-tuned in order to improve a tenderer’s competitive position provided that such clarification, of 45 Contract: GPM 17-2025/26: GPM 17-2025/26: Tender to appoint professional service providers to supply, install, maintain, repair and upgrade of existing heating, ventilation, air conditioning and cooling systems city wide as and when required for a period of 3 years. With effect from 01 December 2026 or nearest date. 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 Employer 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 shall 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 Tenderer’s obligations 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 Employer’s written approval to do so prior to the closing time for tenders. 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 comply 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. C.2.3 Check documents Check the tender documents on receipt for completeness and notify the Employer of any discrepancy or omission. of 45 Contract: GPM 17-2025/26: GPM 17-2025/26: Tender to appoint professional service providers to supply, install, maintain, repair and upgrade of existing heating, ventilation, air conditioning and cooling systems city wide as and when required for a period of 3 years. With effect from 01 December 2026 or nearest date. 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 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 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. of 45 Contract: GPM 17-2025/26: GPM 17-2025/26: Tender to appoint professional service providers to supply, install, maintain, repair and upgrade of existing heating, ventilation, air conditioning and cooling systems city wide as and when required for a period of 3 years. With effect from 01 December 2026 or nearest date. 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 may 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 may only be considered in the event that the main tender 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, services or supply 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 returnable documents listed in the tender data in an envelope marked “financial proposal” and place the remaining returnable documents in an envelope marked “technical proposal”. Each envelope 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.2.13.7 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. 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. of 45 Contract: GPM 17-2025/26: GPM 17-2025/26: Tender to appoint professional service providers to supply, install, maintain, repair and upgrade of existing heating, ventilation, air conditioning and cooling systems city wide as and when required for a period of 3 years. With effect from 01 December 2026 or nearest date. 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 withdrawn or substituted by giving the Employer’s agent written notice before the closing 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, submit a substitute tender in accordance with the requirements of C.2.13 with the packages clearly marked as “SUBSTITUTE”. 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 tenderer’s 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 Employer’s request, 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, test 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 of 45 Contract: GPM 17-2025/26: GPM 17-2025/26: Tender to appoint professional service providers to supply, install, maintain, repair and upgrade of existing heating, ventilation, air conditioning and cooling systems city wide as and when required for a period of 3 years. With effect from 01 December 2026 or nearest date. If requested, submit for the Employer’s acceptance before formation of the contract, all securities, 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 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 The Employer’s undertakings 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: 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. the new partners to a joint venture were not prequalified in the first instance, either as individual firms or as another joint venture; or 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. of 45 B-BBEE Minimum Level: 4 Points Allocation: 8 Points B-BBEE