Supply of reinforced concrete pipes & portals – clanwilliam dam tender in western cape

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13. Rejection of bids

14. Results of bids

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Instructions to bidders

1. Issuing of documents

(a) A complete set of bid documents can be downloaded from the e-tender portal.

(b) Bidders must satisfy themselves that the document is complete and conforms to the index of this

document. Should any figures or writing be indistinct, or should any pages be missing from this

document or should this document or the drawing(s) contain any obvious errors, the Bidders must

immediately notify the Department in order to have any discrepancy rectified or clarified before

submitting his bid. Such clarification will be valid only if made by the Department by means of

formal amendment as described hereunder prior to the date of submission of bids. The

Department may issue amendments to clarify or modify the Bid Documents. A copy of each

amendment will be issued to each bidder and shall be acknowledged on the form issued with the

amendments. No claim whatsoever will be entertained for faults in the bid price resulting from the

above-mentioned discrepancies.

(c) No alterations, omissions or additions shall be made to this document, but should it be deemed

necessary to do so, the Bidder is at liberty to qualify his bid.

(d) All Bidders shall be deemed to have waived, renounced and abandoned any conditions printed

or written upon any stationery used by them for the purpose of or in connection with the

submission of bids which are in conflict with the conditions laid down in this document.

2. Queries with respect to this bid

Each communication between the Department and a tenderer shall be to or from the Department’s

contact person only, and in a form that can be read, copied and recorded. Writing 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 Department’s contact person are:

Bidding procedure enquiries may be technical information may be

Directed to: directed to:

Department/

PUBLIC ENTITY Water and Sanitation DEPARTMENT Construction South

F. Groenewald/ CONTACT

CONTACT PERSON R. de Wee PERSON Chris Hattingh

[email protected]

E-MAIL ADDRESS [email protected] E-MAIL ADDRESS [email protected]

3. Completion of bids

(a) The bid must be signed on the Invitation to Bid form (SBD 1) annexed hereto with all blanks in the

bid and the appendix filled in.

(b) All spaces in the bid forms and other annexures shall be completed in full.

(c) Section 4 in the bid document and the Pricing Schedule must be fully completed and priced out

by the bidder. Failure to do so will deem your bid invalid.

(d) The bid documents shall not be separated in any way, nor must any pages be detached from the

original documents.

4. Submission of bids

The Bid Document shall be completed, signed and submitted as follows:

(a) The original Bid, together with a covering letter and supporting documents, shall be sealed in an

envelope endorsed:

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Original bid for bid: WTE-0560 cs: supply of reinforced concrete spigot and socket

Pipes and rectangular portals for the raising of the clanwilliam dam in the

Western cape for dws construction south.

and the name of the Bidder shall be clearly shown.

(b) Bids, sealed and endorsed as above, will be received by: The Supply Chain Management Office or

may be deposited in the bid box at the entrance of the Training Centre. Department of Water and

Sanitation, Construction South, Clanwilliam dam site: Old N7 route, Co-Ordinates:

32°11’47.99’’S and 18°52’34.96’’E not later than 11:00 on the date stipulated on the front cover of

this document.

5. Signature on bids

The Bid, if by an individual, must be signed by that individual or by someone on his behalf duly authorised

thereto and proof of such authority must be produced. If the bid is by a company, it must be signed by a

person duly authorised thereto by a Resolution of a Board of Directors, a copy of which Resolution, duly

certified by the Chairman of the Company, is to be submitted with the bid.

If the bid is submitted by joint venture of more than one person and/or Companies and/or firms it shall be

accompanied by the following:

(a) The original or a notarial certified copy of the original document under which such joint venture was

constituted which must define precisely inter alia the conditions under which the joint venture will

function, its period of duration and the participation of the several constituent persons and/or

companies and/or firms.

(b) A certificate signed by or on behalf of each participating person and/or company and/or firm

authorising the person who signed the bid to do so.

6. General conditions of contract

The National Treasury General Conditions of Contract shall be regarded as an integral part of the contract

documents.

7. Form sbd 1

The copy of Form SBD 1 (Invitation to Bid), annexed to these documents, must be completed and

signed by the Bidder. Failure to do so will deem your bid invalid.

8. Bidders to comply with documents

Where applicable, Bidders must allow in their Bids for all labour, material, machinery and everything

necessary for the execution and completion of the Contract in accordance with the bid documents. No

alterations may be made in the Invitation to Bid, Schedule of Quantities or other documents and the bid

will be deemed to comply entirely with the terms of the documents.

9. The department's right to decline any bid

The Department does not bind itself to accept the lowest or any bid.

10. Department not liable for bidder's expenses

The Department will not be held liable for any expenses incurred in preparing and submitting bids.

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11. Payments under the contract

All payments due to the Bidder in terms of the contract will be made by means of Electronic Fund

Transfer.

The evaluation of bids will be conducted in four (4) phases as follows:

• Phase 1: Mandatory Requirements
• Phase 2: Administrative Compliance
• Phase 3: Technical Evaluation and Specification Compliance
• Phase 4: Preference Points system

Phase 1:

Mandatory Requirements

Failure to submit any of the documents/information as listed and detailed in Table 1 below will render

your bid non-responsive and will be disqualified.

Table 1

No Details of the Document/Information to be submitted Does the document

submitted comply or

not comply?

Comply Not-

Comply

1 SBD 4 form should be complete and signed, and all other interest

must be declared

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Phase 2:

Administrative Compliance:

Bidders are required to comply with the following listed below:

Table 2

No Criteria Comply Not-

Comply

1 Companies must be registered with the National Treasury’s Central

Supplier Database and submit a CSD report.

2 Tax compliant with SARS (to be verified through CSD and SARS). Attach

a copy of the SARS Tax Clearance letter and PIN.

3 Active registration with Company Intellectual Property Commission (to

be verified through CSD and CIPC). Attach a copy of the CIPC / CIPRO

certificate.

4 An original or certified copy of the B-BBEE Status Level Verification

Certificate (failure to submit the B-BBEE Certificate and complete

SBD 6.1, the Bidder will forfeit the preferential points to be

claimed)

5 Letter of appointment of a duly authorised person to sign the bid. Proof of

such authority must be submitted with the bid.

If by an individual, it must be signed by that individual or by someone on

his behalf, duly authorised thereto, and proof of such authority must be

produced.

If the bid is by a Company, it must be signed by a person duly authorised

thereto by a Resolution of a Board of Directors, a copy of which

Resolution, duly certified by the Chairman of the Company, is to be

submitted with the bid.

6 The stipulated minimum threshold percentage for local production and

content, Cement and reinforcing steel, as stipulated by the

Department of Trade and Industry (DTI), is applicable.

Please make yourself aware of the stipulated minimum threshold

percentage of the specific item(s) as per the specifications. Annex C

need to be complete and is available on the Department: Trade and

Industry website. (http://www.thedtic.gov.za/sectors-and-services-

2/industrial-development/industrial-procurement/

7 Complete, sign, submit SBD1, SBD3.1, SBD 6.1

8 Technical Datasheet/ Brochure for Items: 1, 2 and 3

• Items 1: 600 mm Nominal Diameter, Class 50D, Reinforced

Concrete Spigot and Socket Pipes

• Items 2: 450 mm Nominal Diameter, Class 50D, Reinforced

Concrete Spigot and Socket Pipes

• Items 3: 300 mm Nominal Diameter, Class 50D, Reinforced

Concrete Spigot and Socket Pipes

Technical Datasheet/Brochure shall:

• Clearly indicate what item is to be supplied if there are multiple

items on the Datasheet/Brochure

Clearly indicate the Qualifying specification as set out in Technical

Information section 3.2.11 on the Datasheet/Brochure

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Phase 3:

Technical Evaluation and Specification Compliance

Only Bidders that passed Phase 1 and 2 shall be considered for this phase of the evaluation process.

The bid will be evaluated using the criteria as indicated in Technical Information section 3.2.14. by

comparing it to the information submitted in Phase 2.

Failure to comply with all the technical specifications will render your bid non-compliant and nonresponsive.

The Bid Evaluation Committee will also confirm that the Bidders have indicated compliance with the

technical specification in Technical Information, Section 3.2.11.

Table 3

Item Requirement Did the bidder comply with the

requirement?

Comply Not-Comply

All Did the bidder indicate compliance in Technical

items Information, Section 3.2.11 and sign the declaration

under Section 3?

Items Did the information submitted in Phase 2 meet the

1,2 requirements set out in Technical Information section

3.2.11? and 3

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Phase 4:

Preference Points system

The bid will be awarded in terms of Regulation 4: Preferential Procurement Regulations, 2022 pertaining

to the Preferential Procurement Policy Framework Act, 2000 (Act ).

Bid proposals will be evaluated based on the 80/20 preference points where a maximum of 80 points

will be awarded in respect of price and a maximum of 20 points will be awarded for goals.

Points claimed will be according to a bidder’s specific goals claimed as indicated in Table 4 below.

Table 4: Specific goals for the tender and points claimed:

Bidder’s points Number of

claimed for specific maximum points The specific goals allocated points in goals

terms of this tender allocated

(To be completed by

(80/20 system) Bidder)

Women 5

People with disability 5

Youth (35 and below) 5

Location of enterprise

Western Cape Province

B-BBEE status level contribution

from levels 1 to 2 which are QSE or 3

Eme

Total points for SPECIFIC GOALS 20

Specific goals” means specific goals as contemplated in section 2(1)(d) of the PPPFA Act which may

include contracting with persons, or categories of persons, historically disadvantaged by unfair

discrimination on the basis of race, gender and disability including the implementation of programmes of

the Reconstruction of Development Programme as published in Government Gazette No. 16085 date 23

November 1994.

“Ownership” means the percentage of ownership and control, exercised by individuals within an

enterprise.

"Disability" means, in respect of a person, a permanent impairment of a physical, intellectual, or

sensory function, which results in restricted, or lack of, ability to perform an activity in the manner, or

within the range, considered normal for a human being.

i. A blind person (in terms of the Blind Persons Act, 1968 (Act no.);

ii. A deaf person, whose hearing is impaired to such an extent that he/she cannot use it as a

primary means of communication;

iii. A person who, as a result of permanent disability, requires a wheelchair, caliper or crutch to

assist him/her to move from one place or another;

iv. A person who requires an artificial limb; or

v. A person who suffers from a mental illness (in terms of the Mental Health Act, 1973 (Act no. ).

"Youth" means, in respect a person younger than 35 years of age.

Location of enterprise” Local equals province. Where a project cuts across more than one province,

the bidder may be located in any of the relevant provinces to claim and be allocated the points.

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Women, disability, and youth will be measured by calculating the pro-rata percentage of ownership of

the bidding company which meets the criterion. E.g., Company A has five shareholders each of whom

owns 20% of the company. Three of the five shareholders meet the criterion, i.e., they are

women/disabled/youth. Therefore, this bidder will obtain 60% of the points allowable for this goal.

Table 5: Documents required for verification of Bidder’s claimed points

Table 5

Specific Goal Requires Proof Documents

Ownership by Women

Ownership by people with Completed Percentage Ownership Affidavit (Annexure

disabilities 1)

Ownership by Youth

Location of enterprise – Completed Location of Enterprise Affidavit (Annexure 2)

Western Cape Province and proof of such premises

B-BBEE status level1 or B-BBEE verification certificate issued by a verification

level 2 contributor who are agency accredited by South African National

Exempted Mico Enterprise Accreditation Agency (SANAS0 or in the case of an

or Qualifying Small EME or a QSE, if permitted in terms of the relevant

Enterprise cade, a duly completed sworn affidavit on the relevant

and appropriate form.

Failure on the part of a bidder to submit proof of documentation required in terms of this

tender to claim for specific goals with the bid, will be interpreted to mean that preference

points for specific goals are not claimed and will not be allocated

13. Rejection of bid

Bids that do not comply with the above-mentioned requirements and specifications may be considered

incomplete and may not be considered.

14. Results of bids

Results of non-acceptance of bids will be sent to individual unsuccessful bidders.

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Compulsory documents to be completed by the bidder:

• Declaration of interest (sbd 4)
• Terms of the preferential procurement regulation, 2022 (sbd 6.1)
• Local content declaration – summary schedule (annexure c)

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Sbd4

Bidder’s disclosure

1. Purpose of the form

Any person (natural or juristic) may make an offer or offers in terms of this invitation to

bid. In line with the principles of transparency, accountability, impartiality, and ethics

as enshrined in the Constitution of the Republic of South Africa and further expressed

in various pieces of legislation, it is required for the bidder to make this declaration in

respect of the details required hereunder.

Where a person/s are listed in the Register for Tender Defaulters and / or the List of

Restricted Suppliers, that person will automatically be disqualified from the bid

process.

2. Bidder’s declaration

2.1 Is the bidder, or any of its directors / trustees / shareholders / members / partners or

any person having a controlling interest1 in the enterprise,

employed by the state? YES/NO

2.1.1 If so, furnish particulars of the names, individual identity numbers, and, if applicable,

state employee numbers of sole proprietor/ directors / trustees / shareholders /

members/ partners or any person having a controlling interest in the enterprise, in table

below.

Full Name Identity Number Name of State institution

2.2 Do you, or any person connected with the bidder, have a relationship with any person

who is employed by the procuring institution? YES/NO

1 the power, by one person or a group of persons holding the majority of the equity of an enterprise, alternatively,

the person/s having the deciding vote or power to influence or to direct the course and decisions of the

enterprise.

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Sbd4

2.2.1 If so, furnish particulars:

................................................................................................

................................................................................................

2.3 Does the bidder or any of its directors / trustees / shareholders / members / partners

or any person having a controlling interest in the enterprise have any interest in any

other related enterprise whether or not they are bidding for this contract?

Yes/no

2.3.1 If so, furnish particulars:

........................................................................................

........................................................................................

full name and surname . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

identity number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

hereby declare under oath that

1. I am a member / director / owner of the enterprise:

name : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

trading name, if applicable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

registration number: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

physical address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

which is an enterprise which operates from a building together with its land and outbuildings located within the

boundaries of the KwaZulu Natal Province as at the closing time for submissions;

2. the contents of this statement are to the best of my knowledge a true reflection of the facts;

3. I know and understand the contents of the affidavit and I have no objection to take the prescribed oath binding

on my conscience and on the Owners of the Enterprise which I represent in this matter.

Tax compliance status

Tax compliance requirements

Tax compliance status (tcs) pin may be made via e-filing through the SARS website

Tcs pin is available but the bidder is registered on the central supplier database (csd), a csd

Csd number

Csd number must be provided

CSD report

Central supplier database (csd), a csd

Central Supplier Database and submit a CSD report

proof of ownership of premises or a valid rental agreement with the owner of

proof of ownership of premises or a valid rental agreement with the owner of such premises

2. Tax compliance requirements

2.3 Application for tax compliance status (tcs) pin may be made via e-filing through the SARS website

Separate tcs certificate / pin / csd number.

2.6 Where NO tcs pin is available but the bidder is registered on the central supplier database (csd), a csd

Requirement to register for a tax compliance status

B-BBEE Minimum Level: 1

Points Allocation: 80 points

B-BBEE Details: be declared

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Phase 2:

Administrative Compliance:

Bidders are required to comply with the following listed below:

Table 2

No Criteria Comply Not-

Comply

1 Companies must be registered with the National Treasury’s Central

Supplier Database and submit a CSD report.

2 Tax compliant with SARS (to be verified through CSD and SARS). Attach

a copy of the SARS Tax Clearance letter and PIN.

3 Active registration with Company Intellectual Property Commission (to

be verified through CSD and CIPC). Attach a copy of the CIPC / CIPRO

certificate.

4 An original or certified copy of the B-BBEE Status Level Verification

Certificate (failure to submit the B-BBEE Certificate and complete

SBD 6.1, the Bidder will forfeit the preferential points to be

claimed)

5 Letter of appointment of a duly authorised person to sign the bid. Proof of

such authority must be submitted with the bid.

If by an individual, it must be signed by that individual or by someone on

his behalf, duly authorised thereto, and proof of such authority must be

produced.

If the bid is by a Company, it must be signed by a person duly authorised

thereto by a Resolution of a Board of Directors, a copy of which

Resolution, duly certified by the Chairman of the Company, is to be

submitted with the bid.

6 The stipulated minimum threshold percentage for local production and

content, Cement and reinforcing steel, as stipulated by the

Department of Trade and Industry (DTI), is applicable.

Please make yourself aware of the stipulated minimum threshold

percentage of the specific item(s) as per the specifications. Annex C

need to be complete and is available on the Department: Trade and

Industry website. (http://www.thedtic.gov.za/sectors-and-services-

2/industrial-development/industrial

2 Tax compliant with SARS (to be verified through CSD and SARS). Attach

a copy of the SARS Tax Clearance letter and PIN.

3 Active registration with Company Intellectual Property Commission (to

be verified through CSD and CIPC). Attach a copy of the CIPC / CIPRO

certificate.

4.3. Name of company/firm...............................................................................

4.4. Company registration number: .....................................................................

4.5. Type of company/ firm

 Partnership/Joint Venture / Consortium

 One-person business/sole propriety

 Close corporation

 Public Company

 Personal Liability Company

 (Pty) Limited

 Non-Profit Company

 State Owned Company

[Tick applicable box]

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4.6. I, the undersigned, who is duly authorised to do so on behalf of the company/firm,

certify that the points claimed, based on the specific goals as advised in the tender,

qualifies the company/ firm for the preference(s) shown and I acknowledge that:

i) The information furnished is true and correct;

ii) The preference points claimed are in accordance with the General Conditions as

indicated in paragraph 1 of this form;

iii) In the event of a contract being awarded as a result of points claimed as shown

in paragraphs 1.4 and 4.2, the contractor may be required to furnish documentary

proof to the satisfaction of the organ of state that the claims are correct;

iv) If the specific goals have been claimed or obtained on a fraudulent basis or any

of the conditions of contract have not been fulfilled, the organ of state may, in

addition to any other remedy it may have –

(a) disqualify the person from the tendering process;

(b) recover costs, losses or damages it has incurred or suffered as a

result of that person’s conduct;

(c) cancel the contract and claim any damages which it has suffered

as a result of having to make less favourable arrangements due to

such cancellation;

(d) recommend that the tenderer or contractor, its shareholders and

directors, or only the shareholders and directors who acted on a

fraudulent basis, be restricted from obtaining business from any

organ of state for a period not exceeding 10 years, after the audi

alteram partem (hear the other side) rule has been applied; and

(e) forward the matter for criminal prosecution, if deemed necessary.

..............................................

Signature(s) of tenderer(s)

Surname and name: ................................................................

Date: ...............................................................

Address: ...............................................................