ASSIST - Zululand District

Returnable Documents:

Joint ventures are eligible to submit tenders and will be evaluated according to the joint capacity offered by the joint venture. A Tenderer will not be eligible to submit a tender if: (a) the Tenderer submitting the tender is under restrictions or has principals who are under restriction to participate in the Employer’s procurement due to corrupt of fraudulent practices; (b) the Tenderer does not have the legal capacity to enter into the contract; (c) the Tenderer submitting the tender is insolvent, in receivership, bankrupt or being wound up, has his affairs administered by a court or a judicial officer, has suspended his business activities, or is subject to legal proceedings in respect of the foregoing; (d) The Tenderer does not comply with the legal requirements stated in the Employer’s procurement policy; (e) The Tenderer cannot demonstrate that he possesses the necessary professional and competent technical qualifications, financial resources, equipment and other physical facilities, managerial capability, personnel, experience and reputation to perform the contract; (f) Tenders that do not meet the minimum requirements in terms of key personnel and experience will be disqualified; F.2.1.1 (g) The Tenderer cannot provide proof that he is in good standing with respect to duties, taxes, levies and contributions required in terms of legislation applicable to the work in the contract. (h) Tenderers that score less than 90 points for Functionality Criteria will not be considered further during the evaluation TENDERERS TO TAKE PARTICULAR NOTICE OF THIS CLAUSE AS TENDERERS WHO DO NOT COMPLY HEREWITH WILL NOT BE CONSIDERED ELIGIBLE Furthermore, only those tenderers who satisfy the following eligibility criteria are eligible to submit tenders: Tenderer is registered on the Central Supplier Database Tenderer is qualified and professionally registered for the service to be provided Tenderer has the managerial capacity, reliability and experience regarding the nature of the project Only those tenderers who score a minimum score of 90 points in respect of the following functionality criteria will proceed to the price and preference goals. Confidentiality and copyright of documents All work produced, including records, drawings, documents and photography pertaining to this F.2.4 tender shall remain the property of Zululand District Municipality and no part thereof may be copied, reproduced in any manner without the written consent of Zululand District Municipality. Acknowledge addenda It is the responsibility of the Tenderer to keep checking Websites for any addenda issued before the closing date. F.2.6 The bidder is to acknowledge receipt of Addenda to this Tender Document, sign it and attach it to the appropriate page under Returnable Documents and adhere to stipulated amendments when filling the tender document. Failure to adhere to addendum will result to disqualification. T.10 CONTRACT NO. ZDM 008/2025-2026 PROCUREMENT DOCUMENT PANEL OF CIVIL ENGINEERING CONSULTANTS TO ASSIST IN UNDERTAKING WATER SUPPLY SERVICES AND RURAL SANITATION INFRASTRUCTURE PROJECTS FOR THE PERIOD OF 36 MONTHS _________________________________________________________________________________________________________ CLAUSE TENDER DATA NO. Clarification meeting The arrangements for the compulsory site inspection visit and clarification meeting are as follows: Location: Zululand District Municipality,at B-400 Gagane Street Ulundi Date : 16 January 2026 Starting time : 10:00 F.2.7 Enquiries regarding the tender may be directed to: Name : Mr T.G Soko or Mr L. Ndwandwe Telephone No. : (035) 874 5500 E-Mail address : tgsoko@zululand.org.za and copy lndwandwe@zululand.org.za Seek clarification The closing date for submission of tender offers is as indicated in the tender notice and invite and is 03 February 2026. Should the bidder require clarification on any matter then such should be done so in writing at least three working days before the closing time stated in the Tender Data. F.2.8 Accept that failure to request clarification on tender documents, in at least 3 working days prior to the closing time stated in the tender data, it shall be deemed that all matters in the tender documents are clearly understood. Accept that the Employer shall not be obligated to respond to any requests for clarification of tender documents submitted in less than 3 working days prior to the closing date Alternative tender offers F.2.12.1 Alternative offers will not be considered Submitting a tender offer Tender offers shall be submitted as an original only. F.2.13.3 Additional hard copies of the tender document will not be required. Under no circumstances whatsoever may the tender forms be retyped or redrafted. Submitting a tender offer The employer’s address for delivery of tender offers and identification details to be shown on such tender offer package are: Location of Tender box: Zululand District Municipality Offices in Ulundi Physical address: Lot B-400 Gagane Street, Ulundi,3838 F.2.13.5 Reference Number ZDM 008/2025-2026 & F.2.13.7 PANEL OF CIVIL ENGINEERING CONSULTANTS TO ASSIST IN UNDERTAKING WATER SUPPLY SERVICES AND RURAL Title of Tender Identification SANITATION INFRASTRUCTURE PROJECTS FOR THE PERIOD details OF 36 MONTHS. Closing Date Tuesday, 03 February 2026 Time 12H00 Postal address: Private Bag X76, Ulundi, 3838 Submitting a tender offer F.2.13.6 A two-envelope procedure will NOT be followed. Submitting a tender offer F.2.13.9 Accept that tender offers submitted by facsimile or e-mail will be rejected by Zululand District Municipality T.11 CONTRACT NO. ZDM 008/2025-2026 PROCUREMENT DOCUMENT PANEL OF CIVIL ENGINEERING CONSULTANTS TO ASSIST IN UNDERTAKING WATER SUPPLY SERVICES AND RURAL SANITATION INFRASTRUCTURE PROJECTS FOR THE PERIOD OF 36 MONTHS _________________________________________________________________________________________________________ CLAUSE TENDER DATA NO. Information and data to be completed in all respects F.2.14 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 being non-responsive Closing time 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 F.2.15.1 accepted as proof of delivery. Telephonic, telegraphic, telex, facsimile or e-mailed and late tender offers will not be accepted. The closing time for submission of Tender Offers is: 12h00 on Tuesday, 03 February 2026 Tender offer validity The tender offer validity period is 120 (one hundred and twenty) days from the tender closing date after the time and date set for the opening of tenders, or until the Tenderer is relieved of this obligation by the Employer, in writing, at an earlier date. Should the tender validity expire on a weekend or public holiday, the tender validity period shall remain open until the closure of business on the next working day. However, the Tenderer may be requested in writing, not later than fourteen (14) days before this validity period will lapse, to extend the validity of this tender for a specific period. The written approval of the Tenderer must then be received before the lapsing of the original validity period, in order to remain valid. F.2.16 Should a Tenderer –  Withdraw his tender during the period of its validity; or  give notice of his inability to execute the contract or fail to execute the contract; then he shall be liable for and pay to the Employer –  all expenses incurred in calling for fresh tenders, if it should be necessary;  the difference between his tender and any less favourable tender accepted either by fresh tenders being called or by another tender being accepted from those already received;  any escalation of the final contract price resulting from any delay caused in calling for fresh tenders: provided always that the Employer may exempt a Tenderer from the provisions here of, if it is of the opinion that the circumstances justify such exemption. Return of other tender documents Tenders may only be returned on the tender documentation that is issued by the Zululand District F.2.22 Municipality for Contract ZDM008/2025-2026. Requirements for sealing, addressing, delivering, opening and assessment of tenders are stated in the tender data Certificates The following mandatory certificates must be submitted with tender offers. 1 Original, Valid Tax Clearance Certificate and Tax reference number, Request reference number and PIN obtained from SARS 2 National Treasury Central Supplier Database Compliance Information (CSD), containing F.2.23 registration confirmation status of National Treasury with MAAA" supplier reference number. 3 Certificate of Registration/s with the Engineering Council of South Africa as a Professional (ECSA Professional Registration/s) 4 Joint Venture Agreement and Power of Attorney in case of Joint Ventures; 5 VAT Registration Certificate from the South African Revenue Services (SARS); 6 Company / CC / Trust / Partnership registration certificates; 7 Proof that payment for municipal services is up to date not more than 30 days; T.12 CONTRACT NO. ZDM 008/2025-2026 PROCUREMENT DOCUMENT PANEL OF CIVIL ENGINEERING CONSULTANTS TO ASSIST IN UNDERTAKING WATER SUPPLY SERVICES AND RURAL SANITATION INFRASTRUCTURE PROJECTS FOR THE PERIOD OF 36 MONTHS _________________________________________________________________________________________________________ CLAUSE TENDER DATA NO. 8 Certified Copies of Identity Document in the case of individuals operating as a Sole Proprietor one-man concerns 9 Bidders have submitted the bid in the prescribed format; 10 The bidder has submitted current valid proof of professional indemnity insurance cover – minimum R20million cover; 11 Affiliation of the Company with CESA 12 ISO 9001: 2015 Certificate 13 Completed and signed Bid Document Opening of tender submissions The location for opening of the tender offers, immediately after the closing time thereof shall be at: F.3.4.2 Time: 12:00 on Tuesday, 03 February 2026 Location: Zululand District Municipality Offices, B400 Ugagane Street, Ulundi Two-envelope system F.3.5 The two-envelope system will not apply to this tender General The ZULULAND DISTRICT MUNICIPALITY has adopted a policy in supporting the legislation applicable to Procurement of tenders and Management of Construction Contracts. To achieve the F.3.11.1 RDP principles, an environment conducive to emerging and SMME’s Professional Service Providers has to be created. Therefore, the procurement policy adopted by ZULULAND DISTRICT MUNICIPALITY will be implemented in this Tender to give effect to Section 217(2) of the Constitution and as published in Government Gazette no 16085, dated 23 November 1994. Tenders will be evaluated in two stages in accordance with the standard tender evaluation Method 2: Test for Responsiveness and Functionality as follows: STAGE 1: TEST FOR RESPONSIVENESS In order for a tender to be considered responsive, it must comply with ALL of the following criteria: The tender documentation must be completed and signed in all respects; The tenderer must be qualified and professionally registered for the service to be provided; The tender documentation must include all necessary and applicable documentation as listed in F2.23 above; F.3.11.2 STAGE 2: FUNCTIONALITY/ELIGIBILITY CRITERIA Bidders will be evaluated on functionality whereby a minimum of a 90 point threshold needs to be attained for Consideration to proceed to next stage of evaluation process. Tenderers who obtain less than the required minimum points are automatically disqualified. The onus is on tenderers to provide sufficient detail, attached to their tenders, to allow for useful evaluation. No points will accrue in the case of vague, ambiguous or absence of detail information. The tender must comply with the eligibility criteria noted in F2.1.1; T.13 CONTRACT NO. ZDM 008/2025-2026 PROCUREMENT DOCUMENT PANEL OF CIVIL ENGINEERING CONSULTANTS TO ASSIST IN UNDERTAKING WATER SUPPLY SERVICES AND RURAL SANITATION INFRASTRUCTURE PROJECTS FOR THE PERIOD OF 36 MONTHS _________________________________________________________________________________________________________ FUNCTIONALITY CRITERIA Criteria Criteria Description Score Maximum Verification Method Points Allocation Tenderer has office within boundaries of 15 Tenderer to attach ZDM certified copy of recent utility bills, bank statements, or a valid lease / rental agreement in the company's name Tenderer has office outside the ZDM 10 Tenderer to attach Company boundaries but within KZN 15 certified copy of recent Office Locality utility bills, bank statements, or a valid lease / rental agreement in the company's name Tenderer has office outside the KZN 5 Tenderer to attach boundaries but within South Africa certified copy of recent utility bills, bank statements, or a valid lease / rental agreement in the company's name Tenderer has office no office within 0 No Submission South Africa boundaries. Company is Registered with Consulting 15 Tenderer to attach Engineers South Africa (CESA) certified copy of registration certificate Company Registration with Consulting Company is in a process of Registration 10 Tenderer to attach Engineers South Africa with Consulting Engineers South Africa certified copy of letter from (CESA) (CESA) 15 CESA confirmation receipt of Application Company is not Registered with 0 No Submission Consulting Engineers South Africa (CESA) Tenderer has successfully prepared 10 Tenderer to attach Business Plans, Designed and Consultant Assessment Monitored at least 5 Water Form For Each Project Infrastructure projects with a total Company Relevant construction value of ≥R100 Million for Experience in Water each project Infrastructure Projects Tenderer has successfully prepared 5 Tenderer to attach Business Plans, Designed and Consultant Assessment Monitored at least 1 to 4 Water Form For Each Project Infrastructure projects with a total construction value of ≥R100 Million for each project T.14 CONTRACT NO. ZDM 008/2025-2026 PROCUREMENT DOCUMENT PANEL OF CIVIL ENGINEERING CONSULTANTS TO ASSIST IN UNDERTAKING WATER SUPPLY SERVICES AND RURAL SANITATION INFRASTRUCTURE PROJECTS FOR THE PERIOD OF 36 MONTHS _________________________________________________________________________________________________________ Tenderer has not successfully prepared 0 No Submission Business Plans, Designed and Monitored Water Infrastructure projects with a total construction value of ≥ R100 Million for each project Tenderer has successfully prepared 10 Tenderer to attach Business Plans, Designed and Consultant Assessment Monitored at least 3 Wastewater Form For Each Project Infrastructure projects with a total construction value of ≥ R50 Million for each project Tenderer has successfully prepared 5 Tenderer to attach Business Plans, Designed and Consultant Assessment Monitored at least 1 to 2 Form For Each Project Wastewater Infrastructure projects with 10 a total construction value of ≥ R50 Company Relevant Million for each project Experience in Wastewater Tenderer has not prepared Business 0 No Submission Infrastructure Projects Plans, Designed and Monitored Wastewater Infrastructure projects with a total construction value of ≥ R50 Million for each project Tenderer has successfully prepared 10 Tenderer to attach Business Plans, Designed and Consultant Assessment Monitored at least 3 Rural Sanitation Form For Each Project Infrastructure projects with a total construction value of ≥R50 Million for each project Tenderer has successfully prepared 5 Tenderer to attach Company Relevant Business Plans, Designed and Consultant Assessment Experience in Rural Monitored at least 1 to 2 Rural Form For Each Project Sanitation Sanitation Infrastructure projects 10 Infrastructure Projects with a total construction value of ≥ R50 Million for each project Tenderer has not prepared Business 0 No Submission Plans, Designed and Monitored Wastewater Infrastructure projects with a total construction value of ≥ R50 Million for each project Tenderer has successfully prepared 10 Tenderer to attach Business Plans, Designed and Consultant Assessment Monitored at least 3 Water Conservation Form For Each Project and Water Demand Management projects with a total construction value of ≥ R20 Million for each project T.15 CONTRACT NO. ZDM 008/2025-2026 PROCUREMENT DOCUMENT PANEL OF CIVIL ENGINEERING CONSULTANTS TO ASSIST IN UNDERTAKING WATER SUPPLY SERVICES AND RURAL SANITATION INFRASTRUCTURE PROJECTS FOR THE PERIOD OF 36 MONTHS _________________________________________________________________________________________________________ Company Relevant Tenderer has successfully prepared 5 Tenderer to attach Experience in Water Business Plans, Designed and Consultant Assessment Conservation and Monitored at least 1 to 2 Water Form For Each Project Water Demand Conservation and Water Demand Management Projects Management projects with a total construction value of ≥ R20 Million for 10 each project Tenderer has not prepared Business 0 No Submission Plans, Designed and Monitored at least Water Conservation and Water Demand Management projects with a total construction value of ≥ R20 Million for each project Tenderer has successfully 10 Tenderer to attach completed 3 or more Contracts for the Consultant Assessment ongoing Revision of Water Service Form For Each Contract Development Plan. Company Relevant Experience in Ongoing Tenderer has successfully 5 Tenderer to attach Revision of Water completed 1 - 2 Contracts for the 10 Consultant Assessment Service Development ongoing Revision of Water Service Form For Each Contract Plan Contracts Development Plan. Tenderer has not completed Contracts 0 No Submission for the ongoing Revision of Water Service Development Plan. 10 Attach recent CV with 15 or more years’ experience, contactable Degree / BTech in Civil Engineering and references & certified registration as ECSA-PrEng or Relevant Qualifications copies of qualifications PrTechEng being compulsory with and Experience of 5 Attach recent CV with at least 15 years’ (post prof registration) Senior Civil Engineer 10 to 15 years’ engineering experience in project 10 experience, contactable planning, design and project references & certified management. copies of qualifications. 0 No Submission 10 Attach recent CV with 10 or more years’ experience, contactable references & certified Degree / BTech in Civil / Structural copies of qualifications Relevant Qualifications Engineering and registration as ECSA- and Experience of PrEng or PrTechEng or PrEngTechni 5 Attach recent CV with Senior Design Engineer being compulsory 5 to 10 years’ experience, / Structural Engineer with at least 10 years’ (post registration) 10 contactable references & engineering experience in project certified copies of planning, design and project qualifications management. 0 No Submission National Diploma in Civil / Project 10 Attach recent CV with Management and registration as 10 or more years’ PrEngTechni or PrCPM or PrPM being experience, contactable compulsory with at least 10 years’ (post references & certified Relevant Qualifications registration) experience in managing copies of qualifications T.16 CONTRACT NO. ZDM 008/2025-2026 PROCUREMENT DOCUMENT PANEL OF CIVIL ENGINEERING CONSULTANTS TO ASSIST IN UNDERTAKING WATER SUPPLY SERVICES AND RURAL SANITATION INFRASTRUCTURE PROJECTS FOR THE PERIOD OF 36 MONTHS _________________________________________________________________________________________________________ and Experience of and supervising construction projects. 5 Attach recent CV with Project Manager 5 to 10 years’ experience, 10 contactable references & certified copies of qualifications 0 No Submission 10 Attach recent CV with 10 or more years’ experience, contactable National Diploma in references & certified Relevant Qualifications Civil Engineering copies of qualifications and Experience of Site with at least 10 years’ (post 5 Attach recent CV with 5 to Resident Engineer (RE) qualification) experience 10 years’ experience, in construction supervision and contract 10 contactable references & administration of similar projects. certified copies of qualifications 0 No Submission Total Maximum Allocated Points 120 Only bidders who score a minimum score of 90 points shall be considered for further evaluation. Bidders who fail to score a minimum score of 90 points shall be disqualified and will not be considered for further evaluation. F.3.11.3 Points scored for price (Contract Value less than R 50 000 000) The 80/20 preference point system will be used to allocate points for tenders in this category. It is estimated that tenders on this contract will be evaluated on the 80/20 preference point system POINTS PRICE 80 SPECIFIC GOALS 20 Total points for Price and SPECIFIC 100 GOALS T.17 CONTRACT NO. ZDM 008/2025-2026 PROCUREMENT DOCUMENT PANEL OF CIVIL ENGINEERING CONSULTANTS TO ASSIST IN UNDERTAKING WATER SUPPLY SERVICES AND RURAL SANITATION INFRASTRUCTURE PROJECTS FOR THE PERIOD OF 36 MONTHS _________________________________________________________________________________________________________ ANNEXURE F: STANDARD CONDITIONS OF TENDER (As contained in Annexure F of Board Notice July 2015: Standards for Uniformity in Civil Engineering Procurement Contract) F1 GENERAL F1.1 Actions F1.1.1 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 F2 and F3, timeously and with integrity, and behave equitably, honestly and transparently, comply with all legal obligations and not engage in anticompetitive practices. F1.1.2 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. F1.1.3 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. F1.2 Tender Documents The documents issued by the employer for the purpose of a tender offer are listed in the tender data. F1.3 Interpretation F1.3.1 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. F1.3.2 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. F1.3.3 For the purposes of these conditions for the calling for expressions of interest, the following definitions apply: conflict of interest means any situation in 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 T.18 CONTRACT NO. ZDM 008/2025-2026 PROCUREMENT DOCUMENT PANEL OF CIVIL ENGINEERING CONSULTANTS TO ASSIST IN UNDERTAKING WATER SUPPLY SERVICES AND RURAL SANITATION INFRASTRUCTURE PROJECTS FOR THE PERIOD OF 36 MONTHS _________________________________________________________________________________________________________ organisation which employs that employee. comparative offer means the tenderer’s financial offer after all tendered parameters that will affect the value of the financial offer have been taken into consideration in order to enable comparisons to be made between offers on a comparative basis; corrupt practice means the offering, giving, receiving or soliciting of anything of value to influence the action of the employer or his/her 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; organization means a company, firm, enterprise, association or other legal entity, whether incorporated or not, or a public body; quality (functionality) means the totality of features and characteristics of a product or service that bear on its ability to satisfy stated or implied needs. F1.4 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 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 employer’s agent are stated in the tender data. F1.5 The employer’s right to accept or reject any tender offer F1.5.1 The employer may accept or reject any variation, deviation, tender offer, or alternative tender offer, and may cancel the tender process and reject all tender offers at any time before the formation of a contract. The employer shall not accept or incur any liability to a tenderer for such cancellation and rejection, but will give written reasons for such action upon written request to do so. F1.5.2 The employer may not subsequent to the cancellation or abandonment of a tender process or the rejection of all responsive tender offers re-issue a tender covering substantially the same scope of work within a period of six months unless only one tender was received and such tender was returned unopened to the tenderer. F1.6 Procurement procedures F1.6.1 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 submission that are received at the closing time for tenders. F1.6.2 Competitive negotiation procedure F1.6.2.1 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 tenders shall not apply. F1.6.2.2 All responsive tenderers, or not less than three responsive tenderers that are highest ranked in T.19 CONTRACT NO. ZDM 008/2025-2026 PROCUREMENT DOCUMENT PANEL OF CIVIL ENGINEERING CONSULTANTS TO ASSIST IN UNDERTAKING WATER SUPPLY SERVICES AND RURAL SANITATION INFRASTRUCTURE PROJECTS FOR THE PERIOD OF 36 MONTHS _________________________________________________________________________________________________________ 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 F2.17, 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. F1.6.2.3 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. F1.6.2.4 The contract shall be awarded in accordance with the provisions of F3.11 and F3.13 after tenderers have been requested to submit their best and final offer. F1.6.3 Proposal procedure using the two stage-system F1.6.3.1 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. F1.6.3.2 Option 2 F1.6.3.2.1 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. F1.6.3.2.2 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. F2 TENDERER’S OBLIGATIONS F2.1 Eligibility F2.1.1 Submit a tender offer only if the tenderer complies with the criteria stated in the tender data and the tenderer, or any of his/her principals, is not under any restriction to do business with employer. F2.1.2 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. F2.2 Cost of tendering 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 the requirements. T.20 CONTRACT NO. ZDM 008/2025-2026 PROCUREMENT DOCUMENT PANEL OF CIVIL ENGINEERING CONSULTANTS TO ASSIST IN UNDERTAKING WATER SUPPLY SERVICES AND RURAL SANITATION INFRASTRUCTURE PROJECTS FOR THE PERIOD OF 36 MONTHS _________________________________________________________________________________________________________ F2.3 Check documents Check the tender documents on receipt for completeness and notify the employer of any discrepancy or omission. F2.4 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. F2.5 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. F2.6 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. F2.7 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. F2.8 Seek clarification Request clarification of the tender documents, if necessary, by notifying the employer at least three working days before the closing time stated in the tender data. F2.9 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. F2.10 Pricing the tender offer F2.10.1 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. F2.10.3 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. F2.10.4 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. F2.11 Alterations to documents 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. Erasers and the use of masking T.21 CONTRACT NO. ZDM 008/2025-2026 PROCUREMENT DOCUMENT PANEL OF CIVIL ENGINEERING CONSULTANTS TO ASSIST IN UNDERTAKING WATER SUPPLY SERVICES AND RURAL SANITATION INFRASTRUCTURE PROJECTS FOR THE PERIOD OF 36 MONTHS _________________________________________________________________________________________________________ fluid are prohibited. F2.12 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. F2.13 Submitting a tender offer F2.13.1 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. F2.13.2 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. F2.13.3 Submit the parts of the tender offer communicated on paper as an original plus the number of copies stated in the tender data and the parts communicated electronically in the same format as they were issued by the employer. All documentation added to the tender documents to be in English only. F2.13.4 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. F2.13.6 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. F2.13.7 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. F2.13.8 Accept that the employer shall 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. F2.13.9 Accept that tender offers submitted by facsimile or e-mail will be rejected by the employer, unless stated otherwise in the tender data. F2.14 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. T.22 CONTRACT NO. ZDM 008/2025-2026 PROCUREMENT DOCUMENT PANEL OF CIVIL ENGINEERING CONSULTANTS TO ASSIST IN UNDERTAKING WATER SUPPLY SERVICES AND RURAL SANITATION INFRASTRUCTURE PROJECTS FOR THE PERIOD OF 36 MONTHS _________________________________________________________________________________________________________ F2.15 Closing time F2.15.1 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. The employer shall not accept tender offers submitted by telegraph, telex, facsimile or e-mail, unless stated otherwise in the tender data F2.15.2 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. F2.16 Tender offer validity F2.16.1 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. F2.16.2 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. F2.16.3 Accept that a tender submission that has been submitted to the employer may only be withdrawn or substituted by giving the employer written notice before the closing time for tenders that a tender is to be withdrawn or substituted. F2.16.4 Where a tender submission is to be substituted, submit a substitute tender in accordance with the requirements of F2.13 with packages clearly marked as “SUBSTITUTE”. F2.17 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 total of the prices or substance of the tender offer is sought, offered, or permitted. The total of the prices stated by the tenderer shall be binding upon the tenderer. Note: Sub-clause F2.17 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. F2.18 Provide other material F2.18.1 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. F2.18.2 Dispose of samples of materials provided for evaluation by the employer, where required. F2.19 Inspections, tests and analysis Provide access during working hours to premises for inspections, tests and analysis as provided for in the tender data. F2.20 Submit securities, bonds, policies, etc. 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. T.23 CONTRACT NO. ZDM 008/2025-2026 PROCUREMENT DOCUMENT PANEL OF CIVIL ENGINEERING CONSULTANTS TO ASSIST IN UNDERTAKING WATER SUPPLY SERVICES AND RURAL SANITATION INFRASTRUCTURE PROJECTS FOR THE PERIOD OF 36 MONTHS _________________________________________________________________________________________________________ F2.21 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. F2.22 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. F2.23 Certificates Include in the tender submission or provide the employer with any certificates as stated in the tender data. F3 THE EMPLOYER’S UNDERTAKINGS F3.1 Respond to requests from the tenderer F3.1.1 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. F3.1.2 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 pre-qualify 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 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 pre-qualified 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. F3.2 Issue Addenda If necessary, issue addenda that may amend or amplify the tender documents to each tenderer during the period from the date of the Tender Notice 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. F3.3 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. F3.4 Opening of tender submissions F3.4.1 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. F3.4.2 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/her prices, preferences claimed and time for completion, if any, for the main tender offer only. T.24 CONTRACT NO. ZDM 008/2025-2026 PROCUREMENT DOCUMENT PANEL OF CIVIL ENGINEERING CONSULTANTS TO ASSIST IN UNDERTAKING WATER SUPPLY SERVICES AND RURAL SANITATION INFRASTRUCTURE PROJECTS FOR THE PERIOD OF 36 MONTHS _________________________________________________________________________________________________________ F3.4.3 Make available the record outlined in F3.4.2 to all interested persons upon request. F.3.5 Two-envelope system F3.5.1 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 at the time and place stated in the tender data and announce the name of each tenderer whose technical proposal is opened. F3.5.2 Evaluate the quality 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 quality evaluation more than the minimum number of points for quality stated in the tender data, and announce the score obtained for the technical proposals and the total price and any preferences claimed. Return unopened financial proposals to tenderers whose technical proposals failed to achieve the minimum number of points for quality. F3.6 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. F3.7 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/her tender offer) if it is established that he engaged in corrupt or fraudulent practices. F3.8 Test for responsiveness F3.8.1 Determine, after opening and before detailed evaluation, whether each tender offer properly received: complies with the requirements of these Conditions of Tender, has been properly and fully completed and signed; and is responsive to the other requirements of the tender documents. F3.8.2 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: detrimentally affect the scope, quality, or performance of the works, services or supply identified in the Scope of Work, significantly change the Employer's or the tenderer's risks and responsibilities under the contract, or 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. F3.9 Arithmetical errors, omissions or discrepancies F3.9.1 Check responsive tenders for discrepancies between amounts in words and amounts in figures. Where there is discrepancy between the amounts in figures and the amount in words, the amount in words shall govern. T.25 CONTRACT NO. ZDM 008/2025-2026 PROCUREMENT DOCUMENT PANEL OF CIVIL ENGINEERING CONSULTANTS TO ASSIST IN UNDERTAKING WATER SUPPLY SERVICES AND RURAL SANITATION INFRASTRUCTURE PROJECTS FOR THE PERIOD OF 36 MONTHS _________________________________________________________________________________________________________ F3.9.2 Check the highest ranked tender or tenderer with the highest number of tender evaluation points after the evaluation of tender offers in accordance with F3.11 for: the gross misplacement of the decimal point in any unit rate; omissions made in completing the pricing schedule or bills of quantities; or arithmetic errors in: line-item totals resulting from the product of a unit rate and a quantity in bills of quantities or schedules of prices; or ii) the summation of the prices. F3.9.3 Notify the tenderer of all errors or omissions that are identified in the tender offer and either confirm the tender offer as tendered or accept the corrected total of prices. F3.9.4 Where the tenderer elects to confirm the tender offer as tendered, correct the errors as follows: If bills of quantities or pricing schedules apply and there is an error in the line-item total resulting from the product of the unit rate and the quantity, the line-item total shall govern and the rate shall be corrected. Where there is an obviously gross misplacement of the decimal point in the unit rate, the line item total as quoted shall govern, and the unit rate shall be corrected. Where there is an error in the total of the prices either as a result of other corrections required by this checking process or in the tenderer’s addition of prices, the total of the prices shall govern and the tenderer will be asked to revise selected item prices (and their rates if bills of quantities apply) to achieve the tendered total of the prices. F3.10 Clarification of a tender offer Obtain clarification from a tenderer on any matter that could give rise to ambiguity in a contract arising from the tender offer. Bidders are advised that they take responsibility for submitting a TENDER OFFER that is correct and without any arithmetical errors. All line items must reflect the correct unit price and total price as per the Bill of Quantities provided by the Zululand District Municipality, after taking into account all the quantities. The sum of all line items must correctly reflect the total of all line items, without VAT and inclusive of VAT to those registered for Value Added Tax with the South African Revenue Services (SARS). Zululand District Municipality may disqualify bidders that submit bids with arithmetical or non-justifiable errors on tender offer F3.11 Evaluation of tender offers F3.11.1 General Appoint an evaluation of not less than three persons. Reduce each responsive tender offer to a comparative offer and evaluate them using the tender evaluation methods and associated evaluation criteria and weightings that are specified in the tender data. F3.11.8 Scoring preferences Confirm that tenderers are eligible for the preferences claimed in accordance with the provisions of the tender data and reject all claims for preferences where tenderers are not eligible for such preferences. Calculate the total number of tender evaluation points for preferences claimed in accordance with the provisions of the tender data. F3.12 Insurance provided by the employer If requested by the proposed successful tenderer, submit for the tenderer's information the policies and / or certificates of insurance which the conditions of contract identified in the contract data, require the employer to provide. T.26 CONTRACT NO. ZDM 008/2025-2026 PROCUREMENT DOCUMENT PANEL OF CIVIL ENGINEERING CONSULTANTS TO ASSIST IN UNDERTAKING WATER SUPPLY SERVICES AND RURAL SANITATION INFRASTRUCTURE PROJECTS FOR THE PERIOD OF 36 MONTHS _________________________________________________________________________________________________________ F3.13 Acceptance of tender offer Accept the tender offer, if in the opinion of the employer, it does not present any unacceptable commercial risk and only if the tenderer: is not under restrictions, or has principals who are under restrictions, preventing participating in the employer’s procurement, can, as necessary and in relation to the proposed contract, demonstrate that he or she possesses the professional and technical qualifications, professional and technical competence, financial resources, equipment and other physical facilities, managerial capability, reliability, experience and reputation, expertise and the personnel, to perform the contract, has the legal capacity to enter into the contract, is not insolvent, in receivership, bankrupt or being wound up, has his/her affairs administered by a court or a judicial officer, has suspended his/her business activities, or is subject to legal proceedings in respect of any of the foregoing, complies with the legal requirements, if any, stated in the tender data, and is able, in the opinion of the employer, to perform the contract free of conflicts of interest. F3.14.1 Prepare contract documents If necessary, revise documents that shall form part of the contract and that were issued by the employer as part of the tender documents to take account of: addenda issued during the tender period, inclusion of some of the returnable documents, and other revisions agreed between the employer and the successful tenderer. F.3.14.2 Complete the schedule of deviations attached to the form of offer and acceptance, if any. F3.15 Complete adjudicator’s contract Unless alternative arrangements have been agreed or otherwise provided for in the contract, arrange for both parties to complete formalities for appointing the selected adjudicator at the same time as the main contract is signed. F3.16 Notice to unsuccessful tenderers F3.16.1 Notify the successful tenderer of the employer’s acceptance of his/her tender offer by completing and returning one copy of the form of offer and acceptance before the expiry of the validity period stated in the tender data, or agreed additional period. F3.16.2 After the successful tenderer has been notified of the employer’s acceptance of the tender, notify other tenderers that their tender offers have not been accepted. F3.17 Provide copies of the contracts Provide to the successful tenderer the number of copies sated in the Tender Data of the signed copy of the contract as soon as possible after completion and signing of the form of offer and acceptance. F3.18 Provide written reasons for actions taken Provide upon request written reasons to tenderers for any action that is taken in applying these conditions of tender but withhold information which is not in the public interest to be divulged, which is considered to prejudice the legitimate commercial interests of tenderers or might prejudice fair competition between tenderers. T.27 CONTRACT NO. ZDM 008/2025-2026 PROCUREMENT DOCUMENT PANEL OF CIVIL ENGINEERING CONSULTANTS TO ASSIST IN UNDERTAKING WATER SUPPLY SERVICES AND RURAL SANITATION INFRASTRUCTURE PROJECTS FOR THE PERIOD OF 36 MONTHS _________________________________________________________________________________________________________ T2 Returnable Documents T2.1 List of Returnable Documents The Tenderer must complete the following returnable documents: T2.1 LIST OF RETURNABLE DOCUMENTS T.28 - T.29 MBD 1 INVITATION TO BID T.30 – T.32 MBD 4 DECLARATION OF INTEREST T.33 – T.35 DECLARATION FOR PROCUREMENT ABOVE R10 MBD 5 T.36 – T.37 MILLION (VAT INCL) PREFERENCE POINTS CLAIM FORM IN TERMS OF THE MBD 6.1 T.38 – T.44 PREFERENTIAL PROCUREMENT REGULATIONS 2022 DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MBD 8 T.45 – T.46 MANAGEMENT PRACTICES MBD 9 CERTIFICATE OF INDEPENDENT BID DETERMINATION T.47 – T.49 A RECORD OF ADDENDA TO TENDER DOCUMENTS T. 50 B CERTIFICATE OF AUTHORITY OF AN ENTITY T.51 – T.55 C REGISTRATION CERTIFICATE/S OF AN ENTITY T.56 AFFIDAVIT OF GOOD STANDING THAT WILL BE D T.57 INCORPORATED INTO THE CONTRACT SCHEDULE OF ALL WORK PROVIDED FOR AN ORGAN OF THE E T.58 STATE OVER THE LAST FIVE YEARS F BANKING DETAILS T.59 F1 DECLARATION OF FINANCIAL CAPACITY T.60 G SCHEDULE OF THE TENDERER’S EXPERIENCE T.61 CONTRACTOR ASSESSMENT FORM FOR TENDER G1 T.62 – T.63 ADJUDICATION PURPOSES H CURRICULUM VITAE FORMAT OF KEY PERSONNEL T.64 H1 SCHEDULE OF OTHER KEY PERSONNEL T.65 DECLARATION OF AVAILABLE EQUIPMENT TO AND I T.66 – T.67 TECHNOLOGY TO EXECUTE THE WORK J SCHEDULE OF SUB-CONSULTANTS T.68 K COMPANY QUALITY MANAGEMENT SYSTEM T.69 L COMPANY AFFILIATION WITH PROFESSIONAL ENTITIES T.70 T.71 M COMPANY PROFESSIONAL INDEMNITY N DISCOUNTS T.72 WORKMANS’ COMPENSATION REGISTRATION CERTIFICATE (OR PROOF OF PAYMENT OF CONTRIBUTIONS IN TERMS OF O T.73 THE COMPENSATION FOR OCCUPATIONAL INJURIES AND DISEASES ACT NO. ) P TAX CLEARANCE COMPLIANCE CERTIFICATE PIN T.74 T.28 CONTRACT NO. ZDM 008/2025-2026 PROCUREMENT DOCUMENT PANEL OF CIVIL ENGINEERING CONSULTANTS TO ASSIST IN UNDERTAKING WATER SUPPLY SERVICES AND RURAL SANITATION INFRASTRUCTURE PROJECTS FOR THE PERIOD OF 36 MONTHS _________________________________________________________________________________________________________ Q DECLARATION OF PAYMENT OF MUNICIPAL SERVICES T.75 DECLARATION OF TENDERER WHO DOES NOT HAVE A Q1 MUNICIPAL RATES ACCOUNT BUT IS RENTING OR LEASING T.76 AN OFFICE R NATIONAL TREASURY’S CENTRAL SUPPLIER DATABASE T.77 S DECLARATION OF SOLVENCY OR LIQUIDITY T.78 T.29