Appointment of a panel of strategic partners for internal audit services: assurance, consulting and investigations (city power, johannesburg)

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Returnable Documents: 1.1 INVITATION TO BID ( MBD 1 ), 1.3 CIDB STANDARD CONDITION OF TENDER, 2.2 FIRM PRICES FORM (MBD 3.1), 3.3 FORMAL CONTRACT (MBD 7.1), account statement/tax invoice or valid lease agreement and proof of resident from the local, Revenue Department must be provided.” Lease agreement (if the property is leased) must be duly,

• Form of Offer / Acceptance,
• Pricing Schedule – Firm Prices (MBD 3.1),
• Declaration of Interest Form ( MBD 4 ),
• Declaration for Procurement above R10 000 000 ( MBD 5 ),
• Preference Claim Form ( MBD 6.1 ),
• Declaration for Purchase of Goods (MBD 7.1),
• Declaration of Bidder’s past SCM practices ( MBD 8 ),
• Certificate of Independent Bid Determination ( MBD 9 ),
• Valid Tax Clearance Certificate or SARS Pin,
• Central Supplier Database (CSD) Registration Report

Returnable documents required for evaluation: Municipal rates and taxes (not older than 3 months, not in arrears for more than 90 days) or affidavit with landlord's account/tax invoice or lease agreement; SHERQ regulations; Invitation to Bid (MBD 1); Form of Offer/Acceptance; Pricing Schedule – Firm Prices (MBD 3.1); Declaration of Interest (MBD 4); Declaration for Procurement above R10,000,000 (MBD 5); Preference Claim Form (MBD 6.1); Declaration Certificate for Local Content (MBD 6.2); Declaration for Purchase of Goods (MBD 7.1); Declaration of Bidder's past SCM practices (MBD 8); Certificate of Independent Bid Determination (MBD 9); Certified B-BBEE certificate or sworn affidavit; Valid Tax Clearance Certificate or SARS PIN; Financial statements for past three years; CSD registration report; Additional soft copy on memory stick.

The 80/20 preference point system applies (for services with a Rand value above R50 million). Points are allocated for price and B-BBEE status level. The tenderer must indicate how they claim points for each preference point system. The employer will evaluate tenders based on the highest number of tender evaluation points.

Provision of strategic partners internal audit

Part 1: tendering procedure

1.1 Invitation to bid ( mbd 1 )

1.2 Tender data

1.3 CIDB standard condition of tender

Part 2: pricing data

2.1 Pricing instruction

2.2 Firm prices form (mbd 3.1)

2.3 Price schedule

Part 3: agreements and contract data

3.1 Form of acceptance

3.2 Contract data

3.3 Formal contract (mbd 7.1)

Part 4: returnable documents

4.1 Returnable documents required for evaluation purpose

• Municipal rates “The municipal rates and taxes for company and all directors (not older than 3

months and not in arrears for more than 90 days) or an affidavit accompanied by the landlord’s

account statement/tax invoice or valid lease agreement and proof of resident from the local

municipal councillor. If in arrears proof of acknowledgement of debt with the relevant Municipal

Revenue Department must be provided.” Lease agreement (if the property is leased) must be duly

signed by both the lessor and lessee.

• SHERQ Regulations
• Invitation to Bid ( MDB 1)
• Form of Offer / Acceptance
• Pricing Schedule – Firm Prices (MBD 3.1)
• Declaration of Interest Form ( MBD 4 )
• Declaration for Procurement above R10 000 000 ( MBD 5 )
• Preference Claim Form ( MBD 6.1 )
• Declaration Certificate for Local Content ( MDB 6.2 )
• Declaration for Purchase of Goods (MBD 7.1)
• Declaration of Bidder’s past SCM practices ( MBD 8 )
• Certificate of Independent Bid Determination ( MBD 9 )
• Certified copy of B-BBEE Certificate or Sworn Affidavit signed by the Commissioner of Oath. A

consolidated certificate or sworn statement in case of Joint Venture (Failure to attach certificate will

lead to non- allocation of points). Refer to evaluation criteria for more information regarding specific

goals.

• Valid Tax Clearance Certificate or SARS Pin
• Financial Statements for the past three years
• Central Supplier Database (CSD) Registration Report
• Additional Soft copy of Bid Document must be submitted on Memory Stick

4.2 Other documents required for evaluation purpose

4.3 Documents that will be incorporated in the contract

Part 5: scope of work

5.1 Specification

5.2 Evaluation criteria

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1.1 Tender notice and invitation to tender

Invitation to bid mbd 1

published in August 2019 are included in this document.

F1.1 The employer is City Power Johannesburg (SOC) Ltd

F1.2 The tender documents issued by the employer comprise:

Part 1: Tendering procedure

1.1 Invitation to Bid ( MBD 1 )

1.2 Tender data

1.3 CIDB Standard conditions of tender (updated August 2019)

Part 2: Pricing data

2.1 Pricing instruction

2.2 Firm Prices Form (MBD 3.1)

2.3 Price Schedule

Part 3: Agreements and contract data

3.1 Form of acceptance

3.2 Contract data

3.3 Formal contract (MBD 7.1)

Part 4: Returnable documents

.1 Returnable documents required for evaluation purpose

• Municipal rates “The municipal rates and taxes for company and all directors (not older than 3

months and not in arrears for more than 90 days) or an affidavit accompanied by the landlord’s

account statement/tax invoice or valid lease agreement and proof of resident from the local

municipal councillor. If in arrears proof of acknowledgement of debt with the relevant Municipal

Revenue Department must be provided.” Lease agreement (if the property is leased) must be

duly signed by both the lessor and lessee.

• Municipal Rates and Taxes (Not in arrears for more than 90 days)
• SHERQ Regulations
• Invitation to Bid ( MDB 1)
• Form of offer / Acceptance
• Pricing Schedule – Firm Prices (MBD 3.1)
• Declaration of Interest Form ( MBD 4 )
• Declaration for Procurement above R10 000 000 ( MBD 5 )
• Preference Claim Form ( MBD 6.1 )
• Declaration Certificate for Local Content ( MDB 6.2 )
• Declaration for Purchase of Goods (MBD 7.1)
• Declaration of Bidder’s past SCM practices ( MBD 8 )
• Certificate of Independent Bid Determination ( MBD 9 )
• Certified copy of B-BBEE Certificate or Sworn Affidavit signed by the Commissioner of Oath. A

consolidated certificate or sworn statement in case of Joint Venture (Failure to attach certificate will

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lead to non- allocation of points). Refer to evaluation criteria for more information regarding specific

goals.

• Financial Statements for the past three years
• Valid Tax Clearance Certificate or SARS Pin
• Financial statements for the past three years
• Central Supplier Database (CSD) Registration Report

4.2 Other documents required for evaluation purpose

4.3 Documents that will be incorporated in the contract

Part 5: Scope of work

5.1 Specification

5.2 Evaluation Criteria

5.3 Pricing Schedule

F1.4 The employer’s agent is:

Name: Prudence Hlatshwayo

Address: 40 Heronmere Road, Booysens, Johannesburg

Tel: 011 490 7592

E-mail: [email protected]

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, and may cancel the tender process and reject all tender offers at any time before the

formation of 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.

F2.1 Only those bidders who satisfy the eligibility criteria are eligible to submit tenders and

the tenderer, or his principals, is not under any restriction to do business with employer.

F2.7 Clarification meeting are: N/A

F2.8 Requests for clarification from the employer will be allowed up to five working days

before the bid closes and all questions related to the bid should be communicated via email to

the buyer responsible for the bid.

F2.12 If a tenderer wishes to submit an alternative offer, the only criteria permitted for such

alternative offer is that it demonstrably satisfies the Employer’s standards and requirements,

the details of which may be obtained from the Employer’s agent.

➢ Within COJ = 4 points

➢ Outside COJ = 0 point

F3.13.1 Tenders will only be accepted if:

a) The tenderer has in his or her possession an original valid tax clearance certificate or pin issued by

the South African Revenue Services or a pin

b) The tenderer is registered with Central System Database ( CSD)

c) The tenderer is not in arrears for more than 3 months with municipal rates and taxes and municipal

service charges

d) The tenderer or any of its directors is not listed on the Register of Tender Defaulters in terms of the

Prevention and Combating of Corrupt Activities Act of 2004 as a person prohibited from doing

business with the public sector

e) The tenderer has not:

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

f) Has completed the declaration of Interest Form and there are no conflicts of interest which may impact

on the tenderer’s ability to perform the contract in the best interest of the employer or potentially

compromise the tender process.

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1.4 CIDB standard conditions of tender

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

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:

a) the gross misplacement of the decimal point in any unit rate;

b) omissions made in completing the pricing schedule or bills of quantities; or

c) arithmetic errors in:

i) 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.

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F3.9.2 The employer must correct the arithmetical errors in the following manner:

a) Where there is a discrepancy between the amounts in words and amounts in figures, the amount in

words shall govern.

b) 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.

c) 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.

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.

F3.19 Transparency in the procurement process

F3.19.1 The CIDB prescripts require that tenders must be advertised and be registered on the CIDB i-Tender system.

F3.19.2 The employer must adopt a transparency model that incorporates the disclosure and accountability

as transparency requirements in the procurement process.

F3.19.3 The transparency model must identify the criteria for selection of projects, project information

template and the threshold value of the projects to be disclosed in the public domain at various intervals of

delivery of infrastructure projects.

F3.19.4 The client must publish the information on a quarterly basis which contains the following information:

▪ Procurement planning process

▪ Procurement method and evaluation process

▪ Contract type

▪ Contract status

▪ Number of firms tendering

▪ Cost estimate

▪ Contract title

▪ Contract firm(s)

▪ Contract price

▪ Contract scope of work

▪ Contract start date and duration

▪ Contract evaluation reports

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F3.19.5 The employer must establish a Consultative Forum which will conduct a random audit in the

implementation of the transparency requirements in the procurement process.

F3.19.6 Consultative Forum must be an independent structure from the bid committees.

F3.19.7 The information must be published on the employer’s website.

F 3.19.8 Records of such disclosed information must be retained for audit purposes.

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Mbd 3.1

Pricing schedule – firm prices

(Purchases)

Note: price adjustments will be allowed at the periods and times specified in the

Bidding documents (including prices subject to rates of exchange

Variations)

based on the provisional quantities specified and unit rates incorporated by me (or us) in the said Schedule of

2016

3.5.3 SUPPLIERS invoice(s) shall be fully detailed in respect of:

3.5.3.1 Information

• The CITY POWER Purchase Order Number.
• The full description of item(s) to which the invoice(s) relate(s)
• A unique Invoice Number.
• Date of issue of the invoice.
• Company/Close Corporation Registration Number
• VAT Registration Number
• Delivery Notes Number

3.5.3.2 Value Added Tax

• Amount of VAT.
• In the event of VAT being levied at differentiated rates, each

rate invoiced.

3.5.3.3 Structure of Invoice

• Total value of GOODS AND SERVICES excluding VAT
• VAT on amount payable
• Total amount payable
• Comments if applicable
• Settlement Discount ... %

3.6 Statement of accounts

3.6.1 SUPPLIER shall submit an original monthly statement to the Financial Department by not later than

the 10th day of the month following the month in which the GOODS AND SERVICES were delivered.

3.6.2 Said statement must reflect the following:

• Opening balance (which shall be the closing balance of the immediate

preceding statement).

• Add: Amount of the current month’s invoices

Payment Terms: payment terms are 30 days from the date of receipt of the invoice and statement of

account.

3.4 Method of payment

3.4.1 SUPPLIER must elect payment by cheque or electronic fund transfer for the purpose of a contract

within 14 (fourteen) days of a purchase order being awarded. SUPPLIER must exercise its choice in

writing and submit it to CITY POWER’s Financ

Tender offer validity period is 120 days. Tenderer must consider extending validity if requested. Employer may accept or reject any tender offer and cancel tender process at any time before contract formation, without liability. Alternative offers only if they demonstrably satisfy Employer's standards and requirements. Tenderer accepts full responsibility for alternative offer compliance. Employer will not compensate tenderer for costs of preparing tender. Tenderer must hold tender valid for acceptance during validity period. Tenderer must provide clarification and breakdown of rates if requested. Employer may correct arithmetical errors; amount in words governs discrepancies. Tenderer must check final draft of contract. Employer will notify successful tenderer by completing form of offer and acceptance. Employer will provide written reasons for actions upon request.

Tender Data: The conditions of tender are the CIDB Standard Conditions of Tender (Annex F, August 2019). Tender Data has precedence in interpretation. Employer is City Power Johannesburg (SOC) Ltd. Employer's agent: Prudence Hlatshwayo. Clarification meetings: N/A. Requests for clarification allowed up to five working days before bid closes, via email. Two-envelope system not followed. Tender offers must be delivered to City Power Tender Advice Centre, 40 Heronmere Road, Reuven, Johannesburg. Tender offers by telephonic, telegraphic, telex, facsimile or e-mail not accepted. Tender offers opened by City Power SCM unit in presence of Legal Representative. Tenderer must submit original plus two copies and a memory stick. Tender offer validity 120 days.

Eligibility criteria: Tenderer must have valid tax clearance certificate or PIN, be registered on Central Supplier Database, not be in arrears with municipal rates for more than 3 months, not be listed on Register of Tender Defaulters, not have abused SCM system or failed on previous contracts, and complete Declaration of Interest with no conflicts of interest.

Pt−Pmin

Ps= 80(1− Pmin)

Where

Ps = Points scored for comparative price of tender or offer under consideration;

Pt = Comparative price of tender or offer under consideration; and

Pmin = Comparative price of lowest acceptable tender or offer.

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Table 1: Specific goals for the tender and points claimed are indicated per the table below.

(Note to organs of state: Where either the 90/10 or 80/20 preference point system is applicable, corresponding points

must also be indicated as such.

Note to tenderers: The tenderer must indicate how they claim points for each preference point system):

Number of Number of points Number of points

Number of

points claimed claimed (80/20

points

allocated (90/10 system) system)

allocated

(90/10 system) (To be completed (To be completed

The specific goals allocated points in terms (80/20 system)

(To be by the tenderer) by the tenderer)

of this tender (To be

completed by

completed by

the organ of

the organ of

state)

state)

Enterprises owned by black people with at least 51% 4

shareholding

➢ 51% black ownership = 4 points

➢ Less than 51% black ownership = 0 points

Enterprise owned by black women with at least 30% 4

shareholding

➢ 30% black women ownership = 4 points

➢ Less than 30% black women ownership = 0

points

Enterprise owned by black youth with at least 51% 4

shareholding

➢ 51% black youth ownership = 4 points

➢ Less than 51% black youth ownership = 0

points

Enterprise with B-BBEE status level 1 (one) to 4 4

(Four)

➢ B-BBEE Status Level 1- 4 = 4 points)

➢ Not B-BBEE status level 1- 4 = 0 point

Local suppliers within City of Johannesburg

Geographical area

➢ Within COJ = 4 points

➢ Outside COJ = 0 point

F3.13.1 Tenders will only be accepted if:

a) The tenderer has in his or her possession an original valid tax clearance certificate or pin issued by

the South African Revenue Services or a pin

b) The tenderer is registered with Central System Database ( CSD)

c) The tenderer is not in arrears for more than 3 months with municipal rates and taxes and municipal

service charges

d) The tenderer or any of its directors is not listed on the Register of Tender Defaulters in terms of the

Prevention and Combating of Corrupt Activities Act of 2004 as a person prohibited from doing

business with the public sector

e) The tenderer has not:

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

f) Has completed the declaration of Interest Form and there are no conflicts of interest which may impact

on the tenderer’s ability to perform the contract in the best interest of the employer or potentially

compromise the tender process.

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1.4 CIDB standard conditions of tender

Annex F

(normative)

Standard Conditions of Tender

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.

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:

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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 totality of features and characteristics of a product or service that bear on

its ability to satisfy stated or implied needs.

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.

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

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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 Proposal procedure using the two stage-system

F.1.6.3.1 Option 1

Tenderers shall in the first stage submit technical proposals and, if required, cost parameters around which

a contract may be negotiated. The employer shall evaluate each responsive submission in terms of the

method of evaluation stated in the tender data, and in the second stage negotiate a contract with the

tenderer scoring the highest number of evaluation points and award the contract in terms of these conditions

of tender.

F.1.6.3.2 Option 2

F.1.6.3.2.1 Tenderers shall submit in the first stage only technical proposals. The employer shall invite all

responsive tenderers to submit tender offers in the second stage, following the issuing of procurement

documents.

F.1.6.3.2.2 The employer shall evaluate tenders received during the second stage in terms of the method

of evaluation stated in the tender data, and award the contract in terms of these conditions of tender.

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 complies 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.

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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.

F.2.8 Seek clarification

Request clarification of the tender documents, if necessary, by notifying the employer at least two weeks

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.

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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.

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.

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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.

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.

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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.

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 B-BBEE status level and time for completion for the

main tender offer only.

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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 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 B-BBEE 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:

a) the gross misplacement of the decimal point in any unit rate;

b) omissions made in completing the pricing schedule or bills of quantities; or

c) arithmetic errors in:

i) 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.

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F3.9.2 The employer must correct the arithmetical errors in the following manner:

a) Where there is a discrepancy between the amounts in words and amounts in figures, the amount in

words shall govern.

b) 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.

c) 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.

Consider the rejection of a tender offer if the tenderer does not correct or accept the correction of the

arithmetical error in the manner described above.

F.3.10 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.

F.3.11 Evaluation of tender offers

F.3.11.1 General

Appoint an evaluation panel 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.

F.3.11.2 Method 1: Price and Preference

In the case of a price and preference:

1. Score tender evaluation points for price
2. Score points for BBBEE contribution
3. Add the points scored for price and BBBEE.

F.3.11.3 Method 2: Functionality, Price and Preference

In the case of a functionality, price and preference:

1. Score functionality, rejecting all tender offers that fail to achieve the minimum number of points for

functionality as stated in the Tender Data.

2. No tender must be regarded as an acceptable tender if it fails to achieve the minimum qualifying

score for functionality as indicated in the tender invitation.

3. Tenders that have achieved the minimum qualification score for functionality must be evaluated

further in terms of the preference points system prescribed in paragraphs 4 and 4 and 5 below. The

80/20 preference point system for acquisition of services, works or goods up to Rand value of R50

million

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4. (a)(i) The following formula must be used to calculate the points for price in respect of

Tenders (including price quotation) with a rand value equal to, or above R 30 000 and

up to Rand value of R 50 000 000 ( all applicable taxes included):

 Pt − P min  Ps = 80 1 − 

 P min 

Where

Ps = Points scored for comparative price of tender or offer under consideration;

Pt = Comparative price of tender or offer under consideration; and

Pmin = Comparative price of lowest acceptable tender or offer.

(4) (a)(ii) An employer of state may apply the formula in paragraph (i) for price quotations with a value

less than R30 000, if and when appropriate:

(4) (b) Subject to subparagraph(4)(c), points must be awarded to a tender for attaining the B-BBEE

status level of contributor in accordance with the table below:

B-BBEE status level of contributor Number of points

1 20

2 18

3 16

4 12

5 8

6 6

7 4

8 2

Non-compliant contributor 0

(4) (c) A maximum of 20 points may be allocated in accordance with subparagraph (4)(b)

(4) (d) The points scored by tender in respect of B-BBEE contribution contemplated in contemplated in

subparagraph (4) (b) must be added to the points scored for price as calculated in accordance with

subparagraph (4)(a).

(4) (e) Subject to paragraph 4.3.8 the contract must be awarded to the tender who scores the highest

total number of points.

The 80/ 20 preference points system for acquisition of services, works or goods with a

Rand value above R 50 million

(5) (a) The following formula must be used to calculate the points for price in respect of tenders with a

Rand value above R50 000 000 (all applicable taxes included):

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Pt−Pmin

Ps= 80(1− Pmin)

Where

Ps = Points scored for comparative price of tender or offer under consideration;

Pt = Comparative price of tender or offer under consideration; and

Pmin = Comparative price of lowest acceptable tender or offer.

(5)(b) Subject to subparagraph(5)(c), points must be awarded to a tender for attaining the B- BBEE status

level of contributor in accordance with the table below: B-BBEE status level of contributor Number of points

B-BBEE status level of contributor Number of points

1 20

2 9

3 6

4 5

5 4

6 3

7 2

8 1

Non-compliant contributor 0

(5) (c) A maximum of 10 points may be allocated in accordance with subparagraph (5)(b).

(5) (d) The points scored by tender in respect of B-BBEE contribution contemplated in contemplated in

subparagraph (5) (b) must be added to the points scored for price as calculated in accordance with

subparagraph (5)(a).

(5) (e) Subject to paragraph 4.3.8 the contract must be awarded to the tender who scores the highest

total number of points.

F.3.11.6 Decimal places

Score price, preference and functionality, as relevant, to two decimal places.

F.3.11.7 Scoring Price

Score price of remaining responsive tender offers using the following formula:

NFO = W1 x A

where: NFO is the number of tender evaluation points awarded for price.

W1 is the maximum possible number of tender evaluation points awarded for price as stated in the Tender Data.

A is a number calculated using the formula and option described in Table F.1 as stated in the Tender Data.

Table F.1: Formulae for calculating the value of A

Formula Comparison aimed at achieving Option 1a Option 2 a

1 Lowest price or percentage commission / fee A = (1 +( P - Pm)) A = P / Pm

Pm

2 Lowest price or percentage commission / fee A = (1 - (P - Pm)) A = Pm / P

Pm

a Pm is the comparative offer of the most favourable comparative offer.

P is the comparative offer of the tender offer under consideration.

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F.3.11.8 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.

F.3.11.9 Scoring functionality

Score each of the criteria and sub-criteria for quality in accordance with the provisions of the Tender Data.

Calculate the total number of tender evaluation points for quality using the following formula:

NQ = W2 x SO / MS

where: SO is the score for quality allocated to the submission under consideration;

MS is the maximum possible score for quality in respect of a submission; and

W2 is the maximum possible number of tender evaluation points awarded for the quality as stated in the tender data

F.3.12 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.

F.3.13 Acceptance of tender offer

Accept the tender offer, if in the opinion of the employer, it does not present any risk and only if the tenderer:

a) is not under restrictions, or has principals who are under restrictions, preventing participating in the

employer’s procurement,

b) 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,

c) has the legal capacity to enter into the contract,

d) is not insolvent, in receivership, under Business Rescue as provided for in chapter 6 of the

Companies Act, 2008, 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 any of the foregoing,

e) complies with the legal requirements, if any, stated in the tender data, and

f) is able, in the opinion of the employer, to perform the contract free of conflicts of interest.

F.3.14 Prepare contract documents

F.3.14.1 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:

a) addenda issued during the tender period,

b) inclusion of some of the returnable documents, and

c) 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.

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F.3.15 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.

F.3.16 Notice to unsuccessful tenderers

F.3.16.1 Notify the successful tenderer of the employer's acceptance of his 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.

F.3.16.2 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.

F.3.17 Provide copies of the contracts

Provide to the successful tenderer the number of copies stated 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.

F.3.18 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.

F3.19 Transparency in the procurement process

F3.19.1 The CIDB prescripts require that tenders must be advertised and be registered on the CIDB i-Tender system.

F3.19.2 The employer must adopt a transparency model that incorporates the disclosure and accountability

as transparency requirements in the procurement process.

F3.19.3 The transparency model must identify the criteria for selection of projects, project information

template and the threshold value of the projects to be disclosed in the public domain at various intervals of

delivery of infrastructure projects.

F3.19.4 The client must publish the information on a quarterly basis which contains the following information:

▪ Procurement planning process

▪ Procurement method and evaluation process

▪ Contract type

▪ Contract status

▪ Number of firms tendering

▪ Cost estimate

▪ Contract title

▪ Contract firm(s)

▪ Contract price

▪ Contract scope of work

▪ Contract start date and duration

▪ Contract evaluation reports

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F3.19.5 The employer must establish a Consultative Forum which will conduct a random audit in the

implementation of the transparency requirements in the procurement process.

F3.19.6 Consultative Forum must be an independent structure from the bid committees.

F3.19.7 The information must be published on the employer’s website.

F 3.19.8 Records of such disclosed information must be retained for audit purposes.

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Mbd 3.1

Pricing schedule – firm prices

(Purchases)

Note: price adjustments will be allowed at the periods and times specified in the

Bidding documents (including prices subject to rates of exchange

Variations)

In cases where different delivery points influence the pricing, a separate

Pricing schedule must be submitted for each delivery point

Name of Bidder.......................................... Bid Number........................

Closing Time ................ ..... Closing Date .............................

Offer to be valid for.............DAYS From the closing date of bid.

Item quantity description bid price in RSA currency

NO. ** (all applicable taxes included)

1 1 Cost per unit R

Note:

• Required by: ........................................

• At: ........................................

• Brand and Model ........................................

• Country of Origin ........................................

• Does the offer comply with the specification(s)? *YES/NO

• If not to specification, indicate deviation(s) ........................................

• Period required for delivery ........................................

• Delivery basis ...........................................

Note: All delivery costs must be included in the bid price, for delivery at the prescribed destination.

** “all applicable taxes” includes value- added tax, pay as you earn, income tax, unemployment insurance fund

contributions and skills development levies.

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Part 3: agreements and contract data

3.1 Form of offer

The Chief Executive Officer

CITY POWER Johannesburg

Reuven, JOHANNESBURG

SIR, I (or We), the undersigned hereby BID and should this BID be accepted, undertake to supply and deliver

the GOODS AND SERVICES as described and referred to in the Specification, Schedule of Quantities,

Drawings and Schedule of Prices Conditions of Contract, and have no objection to enter into the formal

Contract with the said City Power, embodying the said Conditions of Contract, Specifications, Schedule of

Quantities, Drawings and Schedule of Prices, in consideration of the sum (Inclusive of Value Added Tax)

section of the scope as indicated under the headings below.

.

Amount in

Figures

(VAT Incl.)

Amount in

Words

based on the provisional quantities specified and unit rates incorporated by me (or us) in the said Schedule of

Quantities and Schedule of Prices or such other sum as may be ascertained in accordance with the

aforementioned documents.

Name of Authorised Person Signature of Authorised Person Date

If the Bidder is a Company, Corporation or Firm, state by what authority the person signing does so, whether

by Articles of Association, Resolution, Power of Attorney, or otherwise.

I (We) ___________________________________ am (are) authorised to enter into this contract on behalf of

______________________________ by virtue of ____________________

dated the ______ day of ________________ 20____, a certified copy of which is attached to this BID.

Witnesses: ____________________________ ____________________________

Signature Date

This section must be completed in full

Mbd 7.1

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Contract form - purchase of goods/works

This form must be filled in duplicate by both the successful bidder (part 1) and the

Purchaser (part 2). Both forms must be signed in the original so that the

Successful bidder and the purchaser would be in possession of originally signed

Contracts for their respective records.

Part 1 (to be filled in by the bidder)

1. I hereby undertake to supply all or any of the goods and/or works described in the attached bidding

documents to (name of institution).......................................... in accordance with the

requirements and specifications stipulated in bid number...................... at the price/s quoted. My

offer/s remain binding upon me and open for acceptance by the purchaser during the validity period

indicated and calculated from the closing time of bid.

2. The following documents shall be deemed to form and be read and construed as part of this

agreement:

(i) Bidding documents, viz

• Invitation to bid;
• Tax clearance certificate;
• Pricing schedule(s);
• Technical Specification(s);
• Preference claims for Broad Based Black Economic Empowerment Status Level of

Contribution in terms of the Preferential Procurement Regulations 2011;

• Declaration of interest;
• Declaration of bidder’s past SCM practices;
• Certificate of Independent Bid Determination;
• Special Conditions of Contract;

(ii) General Conditions of Contract; and

(iii) Other (specify)

3. I confirm that I have satisfied myself as to the correctness and validity of my bid; that the price(s) and

rate(s) quoted cover all the goods and/or works specified in the bidding documents; that the price(s)

and rate(s) cover all my obligations and I accept that any mistakes regarding price(s) and rate(s) and

calculations will be at my own risk.

4. I accept full responsibility for the proper execution and fulfilment of all obligations and conditions

devolving on me under this agreement as the principal liable for the due fulfillment of this contract.

5. I declare that I have no participation in any collusive practices with any bidder or any other person

regarding this or any other bid.

6. I confirm that I am duly authorised to sign this contract.

Name (print) ..........................................

Capacity ..........................................

Signature ..........................................

Name of firm .................................................

Date .................................................

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Witnesses

1 ......................

2. .....................

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Mbd 7.1

Contract form - purchase of goods/works

Part 2 (to be filled in by the purchaser)

1. I.......................................................in,my,capacity

as...........................................................accept your bid under reference number

..................dated...........................for the supply of goods/works indicated hereunder and/or

further specified in the annexure(s).

2. An official order indicating delivery instructions is forthcoming.

3. I undertake to make payment for the goods/works delivered in accordance with the terms and

conditions of the contract, within 30 (thirty) days after receipt of an invoice accompanied by the delivery

note.