Re- Advertisement: Supply, Delivery, Installation and Commissioning of a New Uninterruptable Power Supply System (ups): Replacement of an Existing System with a New System

Returnable Documents:

THE SUCCESSFUL BIDDER WILL BE REQUIRED TO FILL IN AND SIGN A WRITTEN CONTRACT FORM (MBD7). BID RESPONSE DOCUMENTS MAY BE DEPOSITED IN THE BID BOX SITUATED AT FIRST (1st) FLOOR OF THE NEWCASTLE MUNICIPALITY MUNICIPAL CIVIC CENTRE OFFICES (RATES HALL) 37 MURCHISON STREET NEWCASTLE 2940 SUPPLIER INFORMATION Name of Bidder Postal Address Street Address Telephone Number Code Number Cellphone Number Facsimile Number Code Number E-Mail Address Vat Registration Number Tax Compliance Status TCS PIN: OR CSD No: Preferential points Price = 80 / 90 Preferent points = 20 / 10 Total = 100 20 10 Tick for Specific Contract Participation Goals claim Black people (Equity HDI’s) 8 4 Black people with disability 2 1 Black people who are youth 2 1 Black people who are women 4 2 Locality (within Amajuba district) 4 2 TOTAL HDI SCORE 20 10 POINTS WILL BE ALLOCATED AS PER INFORMATION ON THE ATTACHED CSD REPORT. Total Number of Items Total Bid Price: Offered Signature of Bidder Date: Capacity under which this bid is signed: Bidding Procedure Enquiries Contact person Mr S Vilakazi Ms D. Marias Telephone number 034 328 7818 034 328 7769 E-mail address Sabelo.Vilakazi@newcastle.gov.za Dalene.Marais@newcastle.gov.za Financial Enquiries Technical enquiries Contact person Ms S. Nyandeni Mr M. Nkosi Telephone number 034 328 7801 034 328 7608 E-mail address Sibongile.Nyandeni@newcastle.gov.za Mzomuhle.Nkosi@newcastle.gov.za of 120 Replacement of an existing Uninterrupted Power Supply System (UPS) Bid no.: A001 – 2023/24 ________________________________________________________________________________________________________________________ 1. TERMS AND CONDITIONS FOR TENDERING a) BID SUBMISSION: 1.1. Bids must be delivered by the stipulated time to the correct address. Late bids will not be accepted for consideration. 1.2. All bids must be submitted on the official forms provided– (The document should not be reformatted, edited in a soft copy format). 1.3. This bid is subject to the Preferential Procurement Policy Framework Act () and the Preferential Procurement Regulations, 2022, the Standard Conditions of Tender as contained in Annexure C of the CIDB – Standard for Uniformity for Construction Procurement (board notice in Government Gazette no.: Auguust 2019) and, if applicable, any other special conditions of contract. b) TAX COMPLIANCE REQUIREMENTS 1 Bidders must ensure compliance with their tax obligations. 2 Bidders are required to submit their unique Personal Identification Number (Pin) issued by SARS to enable the organ of state to view the taxpayer’s profile and tax status. 3 Application for the Tax Compliance Status (TCS) certificate or Pin may also be made via e-filing. In order to use this provision, taxpayers will need to register with SARS as e-filers through the website www.sars.gov.za. 4 Foreign suppliers must complete the Pre-Award Questionnaire in part B:3. 5 Bidders may also submit a printed TCS certificate together with the bid. 6 In bids where consortia / joint ventures / sub-contractors are involved, each party must submit a separate TCS certificate / Pin / CSD number. 7 Where no TCS is available but the bidder is registered on the Central Supplier Database (CSD), a CSD number must be provided. c) QUESTIONNAIRE TO BIDDING FOREIGN SUPPLIERS Is the entity a resident of the Republic of South Africa (RSA)? Yes No Does the entity have a branch in the RSA? Yes No Does the entity have a permanent establishment in the RSA? Yes No Does the entity have any source of income in the RSA? Yes No Is the entity liable in the RSA for any form of taxation? Yes No If the answer is “no” to all of the above, then it is not a requirement to register for a Tax Compliance Status System Pin Code from the South African Revenue Service (SARS) and if not register as per 2.3 above. NB: Failure to provide any of the above particulars may render the bid invalid. No bids will be considered from persons in the service of the state. SIGNATURE OF BIDDER: ................................................ CAPACITY UNDER WHICH THIS BID IS SIGNED: ................................................ DATE: ................................................. of 120 Replacement of an existing Uninterrupted Power Supply System (UPS) Bid no.: A001 – 2023/24 ________________________________________________________________________________________________________________________ d) The tender must be properly received in a sealed envelope clearly indicating the description of the service and the Tender number for which the Tender is submitted. e) The tender must be deposited in the relevant Tender box as indicated on the notice of the Tender on or before the closing date and time of the Tender. f) Tender forms must be completed in full. g) A copy of the company registration certificates or documents issued by Companies and Intellectual Property Commission must be submitted with the tender on or before the closing time and date of the Tender. h) Certified ID documents of directors/members of the company i) A Joint Venture Agreement, where applicable, which has been properly signed by all parties must be submitted. j) Proof of payment of municipal rates and taxes must be submitted which is not older than 3 months in arrears. k) The tenderer must comply with the requirements of the tender and technical specifications. l) The tenderer must adhere to Pricing Instructions. m) The tenderer must attach copy of CIDB grading as obtained from the CIDB website. n) Tenderer are required to self-register on National Treasury’s Central Supplier Database (CSD) which has been established to centrally administer supplier information for all organs of state and facilitate the verification of certain key supplier information. The CSD can be accessed at https://secure.csd.gov.za/. o) The tenderer must comply in full and observe the requirements of the Notice to Tenderers. p) The tenderer must use permanent Black Ink not erasable pens fill in the tender document. 2. EVALUATION OF TENDERS All tenders received shall be evaluated in terms of the Supply Chain management Regulations, Newcastle Municipality’s Supply Chain Management Policy, the Preferential Procurement Policy Framework Act, and other applicable legislations. The Council reserves the right to accept all, some, or none of the tenders submitted – either wholly or in part – and it is not obliged to accept the lowest tender. The method of evaluation will be based on functionality assessment (capacity and capabilities to execute the contract), the minimum qualifying score of 70% in respect of the Functionality Test must be achieved and thereafter the price comparison and advancement of specific goals in terms of Preferential Procurement Regulations, 2022 By submitting this tender, the tenderer authorises the Council or its delegate(s) to carry out any investigation deemed necessary to verify the correctness of the statements and documents submitted and that such documents reasonably reflect the ability of the Tenderer to provide the goods, services and works required by the Council. PLEASE NOTE 1. The Municipal Manager may cancel a contract awarded to a person if: of 120 Replacement of an existing Uninterrupted Power Supply System (UPS) Bid no.: A001 – 2023/24 ________________________________________________________________________________________________________________________ a) The person committed a corrupt or fraudulent act during the procurement process or in the execution of the contract, or b) An official or other role player committed any corrupt or fraudulent act during the procurement process or in the execution of the contract that benefited that person. 2. The Municipal Manager may reject the Tender or quote of any person if that person or any of its directors has: a) Failed to pay municipal rates and taxes or municipal service charges and such rates, taxes and charges are in arrears for more than three months; b) Failed, during the last five years, to perform satisfactory on a previous contract with The Newcastle Municipality or any other organ of State after written notice was given to that Tenderer that performance was unsatisfactory; c) Abused the supply chain management system of the Municipality or have committed any improper conduct in relation to this system; d) Been convicted of fraud or corruption during the past five years; e) Wilfully neglected, reneged on or failed to comply with any government, municipal or other public-sector contract during the past five years; or f) Been listed in the register for Tender Defaulters in terms of section 29 of the Prevention and Combating of Corrupt Activities Act (No. ) or has been listed on National Treasury’s database as a person prohibited from doing business with public sector. of 120 Replacement of an existing Uninterrupted Power Supply System (UPS) Bid no.: A001 – 2023/24 ________________________________________________________________________________________________________________________ SUPPLY, DELIVERY (OFFLOADIING), INSTALLATION AND COMMISSIONING OF A NEW UNINTERRUPTABLE POWER SUPPLY SYSTEM (UPS): REPLACEMENT OF AN EXISTING SYSTEM WITH A NEW SYSTEM T1.2: TENDER DATA The conditions of tender are the Standard Conditions of tender as contained in Annex C of the CIDB Standard for Uniformity in Construction Procurement, board notice in Government Gazette no.; August 2019. This edition incorporates the amendments made in board notice in government gazette August 2019 (see www.cidb.org.za). The Standard Conditions of tender make several references to the Tender Data for details that apply specifically to this Tender. The Tender Data shall have precedence in the interpretation of any ambiguity or inconsistency between it and the standard conditions of tender. Each item of data given below is cross-referenced to the clause in the Standard Conditions of Tender to which it mainly applies. The following variations, amendments and additions to the Standard Conditions of Tender shall apply to this tender: Clause Wording (Data) F.1.1 The employer is the NEWCASTLE MUNICIPALITY. F.1.2 The tender documents issued by the employer comprise: PART T1: TENDERING PROCEDURES T1.1: Tender Notice and Invitation to Tender T1.2: Tender Data T1.3: Standard Conditions of Tender PART T2: RETURNABLE DOCUMENTS T2.1: List of Returnable Documents T2.2: Returnable Schedules PART C1: AGREEMENTS AND CONTRACT DATA C1.1: Contract Data PART C2: PRICING DATA C2.1: Pricing Instructions C2.2: Bills of Quantities PART C3: SCOPE OF WORKS C3 Scope of Work C3.1 Description of work C3.2 Engineering C3.3 Management C3.4 Construction PART C4: SITE INFORMATION : N/A of 120 Replacement of an existing Uninterrupted Power Supply System (UPS) Bid no.: A001 – 2023/24 ________________________________________________________________________________________________________________________ Clause Wording (Data) F.1.4 The Employer’s agent is the Newcastle Local Municipality Name: Governance Unit & Budget and Treasury Office Physical Address: 37 Murchison Street, Newcastle Postal: Private Bag X6621, Newcastle 2940 Tel: (034) 328 7600 F.2.1.1 Only those tenderers who satisfy the following eligibility criteria are eligible to submit tenders: a) CIDB registration 3 EB or higher b) Original tax clearance certificate or Tax Compliance Pin c) Proof of payment of municipal services d) Signed Joint venture agreement where applicable e) Copy of workman’s compensation certificate f) Certified copies of ID documents of Directors g) Signed Certificate of attendance of compulsory tender briefing meeting: N/A h) Company registration certificate i) the tenderer or any of its directors is not listed in 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; and j) the tenderer has not (in the past five years): • abused the Employer’s Supply Chain Management System; or • failed to perform on any previous contract and has been given a written notice to this effect; and 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 comprise the tender process. The tenderer has completed and signed the Form of Offer and Acceptance k) Demonstrate that the firm has capacity and capabilities to execute the contract: • Traceable experience on similar projects, that is current and previous contracts. • Key personnel – staffing profile which will be available for this project, producing Curriculum Vitae (CV) with qualifications and years of experience in industry. l) Tenderer must provide a certificate indicating that the municipal account for municipal services provided has no outstanding balance of more than three months m) Tender/bid document must be received in a sealed envelope clearly indicating the description of the service and bid number for which the tender is submitted. n) A valid Wireman`s Licence issued by Department of Labour F.2.7 The compulsory clarification meeting will not be compulsory. F.2.8 Request clarification of the tender documents, if necessary, by notifying the employer at least five working days before the closing time of tender. of 120 Replacement of an existing Uninterrupted Power Supply System (UPS) Bid no.: A001 – 2023/24 ________________________________________________________________________________________________________________________ Clause Wording (Data) F.2.13.5 The Employer’s address for delivery of tender offers and identification details to be shown on each tender offer package are: Location of tender box: NEWCASTLE MUNICIPALITY CIVIC CENTER IN NEWCASTLE Physical address: NEWCASTLE MUNICIPALITY CIVIC CENTER, 37 MURCHISON STREET, NEWCASTLE ,2940 Identification details: Supply, Delivery, Installation and Commissioning of a New Uninterruptable Power Supply (UPS) where the works will entail the Replacement of an existing with a new system. Closing Date : 00 December 2023 Postal address: NEWCASTLE MUNICIPALITY PRIVATE BAG X6621; NEWCASTLE; 2940 F.2.13.6 A two-envelope procedure will not be followed. F.2.15.1 The closing time for submission of tender offers is 12:00 hours on 05 February 2025 F.2.13.9 Telephonic, telegraphic, telex, facsimile or e-mailed tender offers will not be accepted. F.2.16.1 The tender offer validity period is 120 days. F.2.23 The tender shall, when requested by the Employer to do so, submit the names of all management and supervisory staff that will be employed to supervise the labour- intensive portion of the works together with satisfactory evidence that such staff members satisfy the eligibility requirements F.2.23 The tenderer is required to submit the following certificates with his tender: 1) a certificate certifying that the enterprise has no undisputed commitments to a municipality or other service provider in respect of which payment is overdue by more than 30 days (if greater than R10 million incl. VAT); 2) particulars of any contracts awarded by an organ of state during the last five years including particulars of any material non-compliance or dispute concerning their execution over this period (if >R200 000 incl. VAT); and F.3.1 The time and location for opening of the tender offers are in accordance with F.2.15& F2.13.5 F.3.11.3 CIDB METHOD 2 SHALL BE USED TO EVALUATE BIDS a) Scoring financial offer: The financial offer will be scored using the following option: . b) Scoring Preferences∶ Ps=80(1− Pt−Pmin Pmin) Ps = Points scored for comparative price of bid under consideration Pt = Comparative price of bid under consideration Pmin = Comparative price of lowest acceptable bid F.2.1.1 Tender offers will only be accepted on condition that: of 120 Replacement of an existing Uninterrupted Power Supply System (UPS) Bid no.: A001 – 2023/24 ________________________________________________________________________________________________________________________ Clause Wording (Data) a) the tenderer has in his or her possession an original Tax Clearance Certificate issued by the South African Revenue Services; b) the tenderer is registered with the Construction Industry Development Board in an appropriate contractor grading designation; c) the tenderer or any of its directors is not listed in 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; and d) the tenderer has not: i) 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; and e) 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 comprise the tender process. F3.11.3 1. Tender evaluation in terms of Point Scoring System The value of this bid is estimated to not exceed R50 000 000 (all applicable taxes included) and therefore the 80/20 system shall be applicable. 1.1 Preference points for this bid shall be awarded for: (a) Price; and (b) HDI Status Contribution. The maximum points for this bid are allocated as follows: POINTS PRICE 80 HDI 20 Total points for Price and HDI 100 1.2 Evaluation of Tenders The Tenderers notice is drawn to the fact that the evaluation, adjudication and awarding of this tender will be in terms of the Supply Chain Management Policy of the NLM, CIDB prescripts, other relevant legislative frameworks governing the procurement of construction works by public sector. The following steps will be followed in evaluation: 1. Determination of whether or not tender offers are complete. 2. Determination of whether or not tender offers are responsive. 3. Determination of the reasonableness of tender offers. 4. Confirmation of the eligibility of preferential points claimed by tenderers. 5. Determination of expertise, experience and qualifications of tenderers. of 120 Replacement of an existing Uninterrupted Power Supply System (UPS) Bid no.: A001 – 2023/24 ________________________________________________________________________________________________________________________ Clause Wording (Data) 6. Successful completion of projects of a similar nature. 7. Awarding of points for financial offer. 8. Ranking of tenderers according to the total points 9. Performance of risk analysis by checking the credit record of the tenderers 10. Open to negotiations, and such should not result in a situation where the tender offer receives an unfair advantage over other offers. 2. Evaluation Criteria on Functionality (not limited to the below criterions) The procedure for the evaluation of responsive Bids will be on the stipulated of the previous projects where the firm was involved on the stipulated grading designation within the Built environment. Reference of clients other than NLM must be provided. The following criterions may be used for functionality assessment: 2.1 Size of enterprise and current workload (Evaluation of the Tenderer’s position in terms of): ▪ Previous and expected current annual turnover ▪ Current contractual obligations ▪ Capacity to execute the contract 2.2 Staffing profile Evaluation of the Tenderer’s position in terms of: ▪ Staff available for this contract being Tendered for ▪ Qualifications and experience of key staff to be utilised on this contract.Proposed Key Personnel In this part of the tender, the Tenderer shall also supply Curriculum Vitae (CV’s) for the Staff available named and working on full time basis for the Tenderer. The CV should follow the normal Professional Format. Each CV should give at least the following: • Position in the firm and within the organisation of this assignment • PDI status (describing population group, gender and disabilities) • Educational qualifications • Professional Registrations • Relevant experience (actual duties performed, involvement and responsibility), including locations, dates and durations of assignments, starting with the latest. • Language proficiency and • References (company name, individual name, position held, contact details) Much importance will be placed on the experience of the staff proposed. The Tender must ensure that, if selected, the nominated staff will be assigned as proposed. Failure of 120 Replacement of an existing Uninterrupted Power Supply System (UPS) Bid no.: A001 – 2023/24 ________________________________________________________________________________________________________________________ Clause Wording (Data) to do so may result in the annulment of any acceptance of the Tenders’ proposal and/ or Agreement entered into by the Client for the execution of the services 2.3 Previous experience The procedure for the evaluation of responsive Bids will be on the previous projects where the firm was involved for Newcastle Local Municipality (NLM) projects or other clients. Reference of clients other than NLM must be provided. The tenderer shall list in the appropriate Forms the appropriate related projects undertaken by the member firms of the tenderer within the last five (5) years. Evaluation of the Tenderer’s position in terms of his previous experience. Emphasis will be placed on the following: • Experience in the relevant technical field • Experience of contracts of similar size • Some or all of the references will be contacted to obtain their input. The tenderer shall provide documentation of company experience of each member of the Consortium/Joint Venture related projects 2.4 Tax Compliance Pin • The bidder must submit a valid Tax Compliance Pin with the bid. Bidders should note that their tax compliance status shall be verified through the Central Supplier Database and SARS. • Where a Tax Compliance Pin is not submitted with the bid, the Department shall use the Central Supplier Database to verify the tax matters of the bidder. If the Tender does not meet the requirements contained in the Newcastle Local Municipality Procurement Policy, and the mentioned framework, it will be rejected by the Council, and may not subsequently be made acceptable by correction or withdrawal of the non-conforming deviation or reservation. 2.5 Penalties The Newcastle Local Municipality will if upon investigation it is found that a preference in terms of the Act and these regulations has been obtained on a fraudulent basis, or any specified goals are not attained in the performance of the contract, on discretion of the Municipal Manager, one or more of the following penalties will be imposed: • Cancel the contract and recover all losses or damages incurred or sustained from the Tenderer. • Impose a financial penalty at the discretion of Council of 120 Replacement of an existing Uninterrupted Power Supply System (UPS) Bid no.: A001 – 2023/24 ________________________________________________________________________________________________________________________ Clause Wording (Data) • Restrict the contractor, its shareholders and directors on obtaining any business from the Newcastle Local Municipality for a period of 5 years. The Comprehensive Tender Evaluation Process This tender will be subject to the below – mentioned evaluation phases in compliance with the above – mentioned evaluation procedures: The tender shall be evaluated in five (5) stages as follows:- Stage 1: Administrative compliance Stage 2: Mandatory requirements Stage 3: Eligibility criteria Stage 4: Price and preference scoring Stage 5: Objective criteria Stage 1 – SCM Administrative Compliance After the bid has closed, Supply Chain Management Unit will conduct administrative compliance on bids submitted by verifying the valid of the following: (a) Proof of registration on the Central Supplier Database: CSD number allocated through National Treasury vendor registration system. (b) The bidder is required to submit a Tax Compliant Pin letter issued by the South African Revenue Services (SARS). (c) Proof of payment for municipal services – water and lights account, which is not in arrears for more than 3 months. (d) Verification if not Listed under Tender Defaulters (e) Signing of Form of Offer and Acceptance (f) Declaration of Interest – Compulsory Enterprise Questionnaire as well as MBD 6.1 for eligibility to claim the preference points. (g) Third part verification with regards to professional body of affiliation (h) Compliance with the requirements of this bids, completing the document in full, submitting the relevant returnable documents (proof of enterprise control & ownership, consortium, or joint venture agreements, etc.) and adhering to the checklist requirements. Stage 2 – Mandatory Technical Requirements The tenderer must state if he/she adheres to the requirements or not and should provide sustainable evidence as proof of compliance. Failure to furnish the valid evidence, the tender will be non – responsive and it will not qualify for the next stage of evaluation (stage 3: Functionality Evaluation). of 120 Replacement of an existing Uninterrupted Power Supply System (UPS) Bid no.: A001 – 2023/24 ________________________________________________________________________________________________________________________ Clause Wording (Data) Mandatory Requirements (i) A valid proof of registration with CIDB grading 3 (EB) or above in a Yes No contractor designation stipulated on the tender invitation. Portfolio of Evidence: A valid online printout for CIDB grading 3 EB or above in a contractor designation stipulated on the tender invitation. (ii) Electrical Wireman`s Licence issued by Department of Labour Yes No Portfolio of Evidence: A valid licence (certified copy of electrical wireman licence which is not older than 3 months from the date of tender closing) Stage 3 – Eligibility Criteria The following Eligibility criteria will be used for evaluating all tenders/ bid proposals, where tenders must score a minimum of 70% to qualify for further evaluation (that is, Stage 4: Price & Preference). Allocation of Criterions Sub‐criteria points (i) Team leader / Foreman 30 (working on full – time basis) Qualifications: NQF Level 6 – Electrical Engineering with the following level of experience: 6 or more years = 30 points 4-5 years = 25 points Schedule of Key 2-3 years = 20 points Personnel 1-2 years = 15 points (Qualifications Portfolio of evidence must be (Returnable documents) 50 Recognized by CV with certified copies of South African qualification certificates. Qualifications (Electrical Engineering) Authority – SAQA) (ii) Artisan 20 (working on full – time basis) Qualifications: NQF Level 3 – Electrical Engineering with the following level of experience: 5 or more years = 20 points 3-4 years = 15 points 2-3 years = 10 points of 120 Replacement of an existing Uninterrupted Power Supply System (UPS) Bid no.: A001 – 2023/24 ________________________________________________________________________________________________________________________ Clause Wording (Data) Portfolio of evidence (Returnable documents) CV with certified copies of qualification certificates. Previous Firm`s previous work 40 Experience on experience and current Similar Projects – experience on successfully completed projects Installation of UPS 8 points for each project systems 5 projects = 40 4 projects = 32 3 projects = 24 2 projects = 16 40 1 project = 8 Portfolio of evidence (Returnable documents) Please attach copies of Appointment together with referral letters / project completion certificate for each project. Submission of a project 10 implementation plan must include the following: 1. Removal of the current UPS system = (2 points) Project 2. Installation of the implementation 10 new UPS system =( 4 plan points) 3. Training and testing of the UPS = (4 points) Failure to submit the above = 0 points Total score 100 A tender must score a minimum of 70% out of the full points for the next stage of evaluation. Stage 4: Price and preference scoring The bidders that have successfully progressed will be evaluated in accordance with the 80/20 Preferential Point System in accordance with the Preferential Procurement Regulations, 2022 issued in terms of section 5 of the Preferential Procurement Policy Framework Act, No . Should the potential service provider quote above the market prices, then Newcastle of 120 Replacement of an existing Uninterrupted Power Supply System (UPS) Bid no.: A001 – 2023/24 ________________________________________________________________________________________________________________________ Clause Wording (Data) Municipality may negotiate the prices to be within market prices and, therefore this bid is subject to post – award negotiations and such process should not result in giving bidders a second unfair advantage (in terms of SCM regulation 24). Stage 5: Objective criteria In terms of section 2(1) (f) of the Preferential Procurement Policy Framework Act, the following are the objective criteria: - The risk of fruitless and wasteful expenditure to Newcastle Local Municipality; - The risk of Irregular expenditure to Newcastle Local Municipality; - The risk of poor project and contract management on existing project with Newcastle Local Municipality; - The risk of an abnormally low bid; and - The risk of a material irregularity. The Municipality reserves a right to apply objective evaluation criteria should the recommended bidder pose any of the above-mentioned risks after assessment, Newcastle Local Municipality after ascertaining sufficient information will not make an award to the bidder exposing the Municipality to one or more of the above-mentioned risks. F.3.11.3 Evaluation Method 2 Which entails the balance between financial offer, preferences and Quality and 80-20 points system, will be adopted. F.3.7 The number of paper copies of the signed contract to be provided by the Employer is one. The additional conditions of Tender are: 1 Newcastle Local Municipality may also request that the Tenderer provide written evidence that his financial, labour and resources are adequate for carrying out the project. 2 The Newcastle Local Municipality reserves the right to appoint a firm of chartered accountants and auditors and / or execute any other financial investigations on the financial resources of any Tenderer. The Tenderer shall provide all reasonable assistance in such investigations. The tenderer is to note that the following Additional Relevant Documents attached into Part 5 of this document will form part of this contract: (i) Health and Safety Specifications. F.3.11.6 Evaluation Criteria on Functionality of 120 Replacement of an existing Uninterrupted Power Supply System (UPS) Bid no.: A001 – 2023/24 ________________________________________________________________________________________________________________________ Clause Wording (Data) The Construction Firm’s tender responsiveness in relation to points is therefore summarized as follows: Organising and Staffing Experience of Firm Other relevant documents or certificates Tenderers are required to meet a minimum Quality Score of 70% based on the criteria listed below. A score of less than 70% for Quality will render the tender non-responsive. The onus rests with the Tenderer to supply sufficient information to allow for evaluation and award of points detailed below. Add the following new clause: Objective Criteria (after Price and HDI evaluation phase) In terms of Preferential Procurement Regulation 11 and section 2(1)(f) of the Preferential Procurement Policy Framework Act, the following are the objective criteria: •The risk of fruitless and wasteful expenditure to Newcastle Local Municipality; •The risk of Irregular expenditure to Newcastle Local Municipality; •The risk of poor project and contract management on existing project with Newcastle Local Municipality •The risk of an abnormally low bid; and •The risk of a material irregularity. The Municipality reserves a right to apply objective evaluation criteria should the recommended bidder pose any of the above-mentioned risks after assessment, Newcastle Local Municipality after ascertaining sufficient information will not make an award to the bidder exposing the Municipality to one or more of the above mentioned risks. of 120 Replacement of an existing Uninterrupted Power Supply System (UPS) Bid no.: A001 – 2023/24 ________________________________________________________________________________________________________________________ F.3.11 The procedure for the evaluation of responsive Tenders will be on Quality / Functionality where the successful contractors will form part of the panel: Please refer to functionality table on above The Newcastle Municipality does not bind itself to accept the lowest or any tender and reserves the right to accept the whole or any part of a tender. Each tender will be informed of the tender result. NB TO NOTE THAT FOR ALL CONTRACTORS, IT IS COMPULSORY TO BE REGISTERED ON THE RELEVANT CIDB GRADING DESIGNATION. FAILURE TO COMPLY, THE TENDER WILL NOT BE CONSIDERED. of 120 Replacement of an existing Uninterrupted Power Supply System (UPS) Bid no.: A001 – 2023/24 ________________________________________________________________________________________________________________________ T1.3 STANDARD CONDITIONS OF TENDER The Standard Conditions of Tender: Note 1: these Standard Conditions of Tender are identical to that contained in Annexure F of SANS 294 – 2004: Construction Procurement Processes, Procedure and Methods. Note 2: Annexure E of SANS 294 – 2004: Construction Procurement Processes, Procedure and Methods and SAICE`s Practice Manual #1 – The use of South African National Standards in Construction Procurement provides guidance on referencing these Standard Conditions of Tender in procurement documents. These Standard Conditions of Tender have been reproduced without changes as published in Annexure F of the CIDB Standard for Uniformity for construction Procurement, Board Notice 136 Government Gazette No July 2015 F.1 GENERAL F.1.1 Actions F.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 F.2 and F.3, timeously and with integrity, and behave equitably, honestly and transparently, comply with all legal obligations and not engage in anticompetitive practices. F.1.1.2 The employer and the tenderer and all their agents and employees involved in the tender process shall avoid conflicts of interest and where a conflict of interest is perceived or known, declare any such conflict of interest, indicating the nature of such conflict. Tenderers shall declare any potential conflict of interest in their tender submissions. Employees, agents and advisors of the employer shall declare any conflict of interest to whoever is responsible for overseeing the procurement process at the start of any deliberations relating to the procurement process or as soon as they become aware of such conflict, and abstain from any decisions where such conflict exists or recuse themselves from the procurement process, as appropriate. Note: 1) A conflict of interest may arise due to a conflict of roles which might provide an incentive for improper acts in some circumstances. A conflict of interest can create an appearance of impropriety that can undermine confidence in the ability of that person to act properly in his or her position even if no improper acts result. 2) Conflicts of interest in respect of those engaged in the procurement process include direct, indirect or family interests in the tender or outcome of the procurement process and any personal bias, inclination, obligation, allegiance or loyalty which would in any way affect any decisions taken. F.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. F.1.2 Tender Documents The documents issued by the employer for the purpose of a tender offer are listed in the tender data. of 120 Replacement of an existing Uninterrupted Power Supply System (UPS) Bid no.: A001 – 2023/24 ________________________________________________________________________________________________________________________ F.1.3 Interpretation F.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. F.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. F.1.3.3 For the purposes of these conditions of tender, the following definitions apply: a) conflict of interest means any situation in which: i) someone in a position of trust has competing professional or personal interests which make it difficult to fulfill his or her duties impartially; ii) an individual or 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. b) comparative offer means the price after the factors of a non-firm price and all unconditional discounts it can be utilised to have been taken into consideration; c) corrupt practice means the offering, giving, receiving or soliciting of anything of value to influence the action of the employer or his staff or agents in the tender process; d) fraudulent practice means the misrepresentation of the facts in order to influence the tender process or the award of a contract arising from a tender offer to the detriment of the employer, including collusive practices intended to establish prices at artificial levels; e) organization means a company, firm, enterprise, association or other legal entity, whether incorporated or not, or a public body; f) functionality means the measurement according to the predetermined norms of a service or commodity designed to be practical and useful, working or operating, taking into account quality, reliability, viability and durability of a service and technical capacity and ability of a tenderer. F.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. F.1.5 Cancellation and Re-Invitation of Tenders F1.5.1 An organ of state may, prior to the award of the tender, cancel a tender if- (a) due to changed circumstances, there is no longer a need for the services, works or goods requested; or (b) funds are no longer available to cover the total envisaged expenditure; or (c) no acceptable tenders are received. F1.5.2 The decision to cancel a tender must be published in the cidb website and in the government Tender Bulletin for the media in which the original tender invitation was advertised. of 120 Replacement of an existing Uninterrupted Power Supply System (UPS) Bid no.: A001 – 2023/24 ________________________________________________________________________________________________________________________ F.1.6 Procurement procedures F.1.6.1 General Unless otherwise stated in the tender data, a contract will, subject to F.3.13, be concluded with the tenderer who in terms of F.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. F.1.6.2 Competitive negotiation procedure F.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 F.3.4, the employer shall announce only the names of the tenderers who make a submission. The requirements of F.3.8 relating to the material deviations or qualifications which affect the competitive position of tenderers shall not apply. F.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 F.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, 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. F.1.6.2.3 At the conclusion of each round of negotiations, tenderers shall be invited by the employer to make a fresh 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. F.1.6.2.4 The contract shall be awarded in accordance with the provisions of F.3.11 and F.3.13 after tenderers have been requested to submit their best and final offer. F.1.6.3.1 Proposal procedure using the two stage-system F.1.6.3.2 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. F.1.6.3.3 Option 2 F.1.6.3.3.F 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. F.1.6.3.3.F 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. of 120 Replacement of an existing Uninterrupted Power Supply System (UPS) Bid no.: A001 – 2023/24 ________________________________________________________________________________________________________________________ F.2 TENDERER’S OBLIGATIONS F.2.1 Eligibility F.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. F.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. F.2.2 Cost of tendering F2.2.1 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. F2.2.2 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. F.2.3 Check documents Check the tender documents on receipt for completeness and notify the employer of any discrepancy or omission. F.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. F.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. F.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. F.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. of 120 Replacement of an existing Uninterrupted Power Supply System (UPS) Bid no.: A001 – 2023/24 ________________________________________________________________________________________________________________________ F.2.8 Seek clarification Request clarification of the tender documents, if necessary, by notifying the employer at least five working days before the closing time stated in the tender data. F.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. F.2.10 Pricing the tender offer F.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. F2.10.2 Show VAT payable by the employer separately as an addition to the tendered total of the prices. F.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. F.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. F.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. F.2.12 Alternative tender offers F.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. F.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. F.2.12.3 An alternative tender offer may only be considered in the event that the main tender offer is the winning tender. F.2.13 Submitting a tender offer F.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. F.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. of 120 Replacement of an existing Uninterrupted Power Supply System (UPS) Bid no.: A001 – 2023/24 ________________________________________________________________________________________________________________________ F.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. F.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. F.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. F.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. F.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. F.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. F.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. F.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. F.2.15 Closing time F.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. F.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. F.2.16 Tender offer validity F.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. F.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. of 120 Replacement of an existing Uninterrupted Power Supply System (UPS) Bid no.: A001 – 2023/24 ________________________________________________________________________________________________________________________ F.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. F.2.16.4 Where a tender submission is to be substituted, submit a substitute tender in accordance with the requirements of F.2.13 with the packages clearly marked as “SUBSTITUTE”. F.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 F.2.17 does not preclude the negotiation of the final terms of the contract with a preferred tenderer following a competitive selection process, should the Employer elect to do so. F.2.18 Provide other material F.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. F.2.18.2 Dispose of samples of materials provided for evaluation by the employer, where required. F.2.19 Inspections, tests and analysis Provide access during working hours to premises for inspections, tests and analysis as provided for in the tender data. F.2.20 Submit securities, bonds and policies 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. F.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. F.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. F.2.23 Certificates Include in the tender submission or provide the employer with any certificates as stated in the tender data. of 120 Replacement of an existing Uninterrupted Power Supply System (UPS) Bid no.: A001 – 2023/24 ________________________________________________________________________________________________________________________ F.3 THE EMPLOYER’S UNDERTAKINGS F.3.1 Respond to requests from the tenderer F.3.1.1 Unless otherwise stated in the tender Data, respond to a request for clarification received up to five working days before the tender closing time stated in the Tender Data and notify all tenderers who drew procurement documents. F.3.1.2 Consider any request to make a material change in the capabilities or formation of the tendering entity (or both) or any other criteria which formed part of the qualifying requirements used to prequalify a tenderer to submit a tender offer in terms of a previous procurement process and deny any such request if as a consequence: a) an individual firm, or a joint venture as a whole, or any individual member of the joint venture fails to meet any of the collective or individual qualifying requirements; b) the new partners to a joint venture were not prequalified in the first instance, either as individual firms or as another joint venture; or c) in the opinion of the Employer, acceptance of the material change would compromise the outcome of the prequalification process. F.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 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 drew documents. F.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. F.3.4 Opening of tender submissions F.3.4.1 Unless the two-envelope system is to be followed, open valid tender submissions in the presence of tenderers’ agents who choose to attend at the time and place stated in the tender data. Tender submissions for which acceptable reasons for withdrawal have been submitted will not be opened. F.3.4.2 Announce at the meeting held immediately after the opening of tender submissions, at a venue indicated in the tender data, the name of each tenderer whose tender offer is opened and, where applicable, the total of his prices, number of points claimed for its HDI status level and time for completion for the main tender offer only. F.3.4.3 Make available the record outlined in F.3.4.2 to all interested persons upon request. F.3.5 Two-envelope system F.3.5.1 Where stated in the tender data that a two-envelope system is to be followed, open only the technical proposal of valid tenders in the presence of tenderers’ agents who choose to attend of 120 Replacement of an existing Uninterrupted Power Supply System (UPS) Bid no.: A001 – 2023/24 ________________________________________________________________________________________________________________________ at the time and place stated in the tender data and announce the name of each tenderer whose technical proposal is opened. F.3.5.2 Evaluate functionality of the technical proposals offered by tenderers, then advise tenderers who remain in contention for the award of the contract of the time and place when the financial proposals will be opened. Open only the financial proposals of tenderers, who score in the functionality evaluation more than the minimum number of points for functionality stated in the tender data, and announce the score obtained for the technical proposals and the total price and any points claimed on HDI status level. Return unopened financial proposals to tenderers whose technical proposals failed to achieve the minimum number of points for functionality. F.3.6 Non-disclosure Not disclose to tenderers, or to any other person not officially concerned with such processes, information relating to the evaluation and comparison of tender offers, the final evaluation price and recommendations for the award of a contract, until after the award of the contract to the successful tenderer. F.3.7 Grounds for rejection and disqualification Determine whether there has been any effort by a tenderer to influence the processing of tender offers and instantly disqualify a tenderer (and his tender offer) if it is established that he engaged in corrupt or fraudulent practices. F.3.8 Test for responsiveness F.3.8.1 Determine, after opening and before detailed evaluation, whether each tender offer properly received: a) complies with the requirements of these Conditions of Tender, b) has been properly and fully completed and signed, and c) is responsive to the other requirements of the tender documents. F.3.8.2 A responsive tender is one that conforms to all the terms, conditions, and specifications of the tender documents without material deviation or qualification. A material deviation or qualification is one which, in the Employer's opinion, would: a) detrimentally affect the scope, quality, or performance of the works, services or supply identified in the Scope of Work, b) significantly change the Employer's or the tenderer's risks and responsibilities under the contract, or c) affect the competitive position of other tenderers presenting responsive tenders, if it were to be rectified. Reject a non-responsive tender offer, and not allow it to be subsequently made responsive by correction or withdrawal of the non-conforming deviation or reservation. F.3.9 Arithmetical errors, omissions and discrepancies F.3.9.1 Check the highest ranked tender or tenderer with the highest number of tender evaluation points after the evaluation of tender offers in accordance with F.3.11 for: of 120

No specific requirements found B-BBEE Minimum Level: 6