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ETHEKWINI MUNICIPALITY Request for Proposals: Design, Tender Preparation, Contract Management and Supervision for the EOS Solar Photovoltaic Project. Contract Number 1X – 15291 Proposals are invited from appropriately experienced service providers for the Design, Tender Preparation, Contract Management and Supervision for the EOS Solar Photovoltaic Project. SCOPE / PURPOSE Appoint suitably qualified to engineering consultants to design, prepare tender documentation for the construction and operations and maintenance contract and manage and supervise the construction and operations and maintenance contract for the installation of approximately 500 kWp of PV on Municipal rooftops/building infrastructure.

COMPULSORY SITE BRIEFING SESSION All bidders must attend a compulsory briefing session at 14:00am on 5st November 2014 at Energy Office, 3rd floor, SmartXchange, 5 Walnut Road, Durban, 4001. SUBMISSION OF PROPOSALS Proposals must be clearly marked: DESIGN, TENDER PREPARATION, CONTRACT MANAGEMENT AND SUPERVISION FOR THE EOS SOLAR PHOTOVOLTAIC PROJECT , Contract Number 1X - 15291 and be placed in the tender box located on the Ground Floor, 166 K E Masinga Road, Durban, on or before 11:00 on Friday 28st November 2014. FURTHER ENQUIRIES Further enquiries can be made to Derek Tel: +27 31 311 1139, Email: [email protected]

Morgan,

eThekwini

Energy

Office,

TENDER DOCUMENT The tender document will be collected from the cashier, Ground Floor, 166 K E Masinga Road, Durban. A nonrefundable deposit of R250 is payable in cheque or cash made out in favour of the employer, is required on collection of the document. Alternatively the document can be downloaded from www.durban.gov.za free of charge.

Non Refundable Tender Charge R 250 for hardcopy Doc No. _______

Pensions, Finance and Major Projects Energy Office

PROCUREMENT DOCUMENT CONTRACT No :

1X-15291

TITLE :

Design, Tender Preparation, Contract Management and Supervision for the EOS Solar Photovoltaic Project

Issued by : J.Balwanth HEAD : Pensions, Finance and Major Projects UNIT 251 Anthon Lembede Street DURBAN 4001 Date of Issue : September 2014

NAME OF TENDERER : ..............................................................................................................................


Contract No. : 1X-15291

INDEX PART

PAGE

TENDER T1

TENDERING PROCEDURES T1.1 T1.2 T1.2.1 T1.2.2

T2

Tender Notice and Invitation to Tender Tender Data Standard Conditions Of Tender Tender Data (applicable to this tender)

(white) (pink)

2 3

(yellow) (yellow)

5 15

RETURNABLE SCHEDULES, FORMS AND CERTIFICATES T2.1 T2.2

List of Returnable Documents Returnable Schedules, Forms and Certificates

CONTRACT C1

C2

AGREEMENTS AND CONTRACT DATA CONTENT C1.1 C1.1.1 C1.1.2 C1.1.3

Form of Offer and Acceptance Offer Acceptance Schedule of Deviations

(yellow)

28

C1.2 C1.2.1 C1.2.2

Contract Data General Conditions of Contract Contract Data (applicable to this tender)

(yellow)

31

(yellow) (yellow)

35 36

(blue) (blue) (blue) (blue) (blue) (blue) (blue)

37 37 41 41 41 41 41

PRICING DATA C2.1 C2.2

C3

Pricing Instructions Pricing Schedule

SCOPE OF WORK C3.1 C3.2 C3.3 C3.4 C3.5 C3.6 C3.7

Project Background Project Brief Project Schedule Invoicing Access to land / buildings / sites Project Team Requirements Proposal Requirements

ANNEXURES

44

C4.1 Standard Conditions of Tender C4.2 Standard Professional Services Contract

Index

Version : 18/03/2014

1



PART T1 : TENDERING PROCEDURES T1.1 : TENDER NOTICE AND INVITATION TO TENDER Tenders are hereby invited for the works to provide engineering and consultancy services for the EOS PV Project which will install approximately 500 kW of solar photovoltaics on Municipal rooftops and infrastructure. This tender is to appoint a suitably qualified service provider to carry out the detailed design, prepare the construction and operation maintenance tenders and manage and supervise the construction and operations and maintenance contracts for the EOS PV Project. The Employer is:

eThekwini Municipality Energy Office (as represented by the duly authorised delegate / committee)

The physical address for collection of tenders is:

The Cashier Basement, Engineering Unit, Municipal Centre 166 K.E. Masinga Road (formerly Old Fort Road) DURBAN Or downloaded from www.durban.gov.za

Documents may be collected, up to 3 days prior to the close of tenders, during office hours:

08:00 to 12:30 and 13:15 to 15:15

A non-refundable tender charge is payable by bank guaranteed cheque made out in favour of the Employer, or cash, and is required on collection of hard copy tender documents: Alternatively documents can be downloaded from www.durban.gov.za

R 250 for hardcopy

(F.2.7) There will be a compulsory clarification meeting and site inspection with representative(s) of the Employer:

Energy Offcie, 3 floor, SmartXchange, 5 Walnut Road, Durban 4001 05 November 2014 14:00 AM

(F.1.4) Queries relating to these documents, up to 3 days prior to the close of tenders, may be addressed to the Employer’s agent whose contact details are:

Derek Morgan 031 311 1139 N/A [email protected]

(F.2.13) Tender offers shall be delivered to:

(F.2.15) Tender offers shall be delivered:

rd

Engineering Unit, Municipal Centre, 166 K.E. Masinga Road (formerly Old Fort Road) DURBAN and placed in the tender box located in the ground floor foyer on or before Friday, 28st November 2014 at or before 11:00 AM

Requirements for sealing, addressing, delivery, opening and assessment of tenders are stated in the Tender Data

Tendering Procedures

2



T1.2: TENDER DATA

T1.2.1

STANDARD CONDITIONS OF TENDER The conditions of tender are the Standard Conditions of Tender as contained in Annex F of the CIDB Standard for Uniformity in Construction Procurement (May 2010) as published in Government Gazette No 33239, Board Notice 86 of 2010 of 28 May 2010. (See www.cidb.org.za – copied for ease of reference in C4.1). The Standard Conditions of Tender make several references to the Tender Data for details that apply specifically to this tender. The Tender Data shall have precedence in the interpretation of any ambiguity or inconsistency between it and the Standard Conditions of Tender.

T1.2.2

TENDER DATA Each item of data given below is cross-referenced to the clause in the Standard Conditions of Tender to which it mainly applies.

F.1.1

The employer The Employer for this Contract will be the instance named in the T1.1 : Tender Notice and Invitation to Tender.

F.1.2

Tender documents The Tender Documents issued by the Employer comprise the documents as per the INDEX on page 1 of this Tender Document. The Tender Document shall be obtained from the Employer or his authorized representative at the physical address stated in the Tender Notice and Invitation to Tender, upon payment of the deposit stated in the Tender Notice and Invitation to Tender. In addition, Tenderers are advised in their own interest, to obtain their own copies of the following acts, and regulations or standard documents, referred to in this document: •

The Occupational Health and Safety Act No 85 and Amendment Act No 181 of 1993, and the Construction Regulations 2003 (Government Gazette No 25207 of 18 July 2003, Notice No R1010).

•

The Preferential Procurement Policy Framework Act No 5 of 2000, and the Preferential Procurement Policy Framework Act Regulations (2011).

•

The Construction Industry Development Board Act No 38 of 2000 and the Regulations in terms of the CIDB Act 38/2000, Government Notice No 692 of 9 June 2004.

•

CIDB Standard for Uniformity in Construction Procurement (May 2010).


3


F.1.4


The employer’s agent The Employer’s agent is : Name : Tel : Fax : Email :

F.2.1

Derek Morgan 031 311 1139 N/A [email protected]

Eligibility A Tenderer will not be eligible to submit a tender if: (a)

(b) (c)

(d) (e)

(e)

(f) (g)

F.2.7

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; the Tenderer does not have the legal capacity to enter into the contract; the Tenderer submitting the tender are insolvent, in receivership, bankrupt or being wound up, has their affairs administered by a court or a judicial officer, has suspended business activities, or is subject to legal proceedings in respect of the foregoing; The Tenderer does not comply with the legal requirements stated in the Employer’s procurement policy (as amended by Council on 09/12/2011); The Tenderer cannot demonstrate that it possesses the necessary expertise and competence, financial resources, equipment and other physical facilities, managerial capability, personnel, experience and reputation to perform the contract; 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. The Tenderer fails to attend the compulsory site inspection; The Tenderer fails to have “Form T2.2.1.1: Certificate of Attendance at Clarification Meeting and Site Inspection” in Part T2.2 - Returnable Schedules and Forms signed by the HEAD : Pensions, Finance and Major Projects, or his representative.

Clarification meeting The arrangements for a compulsory clarification meeting are : Place : Date : Time :

rd

Energy Office, 3 floor, SmartXchange, 5 Walnut Road, Durban 4001 5th November, 2014 14:00 AM

Tenderers must sign the attendance list in the name of the tendering entity. Addenda will be issued to, and tenders will be received only from those tendering entities appearing on the attendance list. F.2.12

Alternative tender offers No alternative tender offers will be considered.


4



F.2.13

Submitting a tender offer

F.2.13.3

Parts of each tender offer communicated on paper shall be submitted as an original, plus 2 copie as well as an electronic copy.

F.2.13.5-7

Identification details to be shown on each tender offer package, and the Employer’s address for delivery of tender offers, are: Contract No. :

1X-15291

Contract Title :

Design, Tender Preparation, Contract Management Supervision for the EOS Solar Photovoltaic Project

Employer’s Address :

251 Anthon Lembede Street DURBAN 4001

Tenderers Name :

LLLLLLLLLLLLLLLLLLLLLLLLLLLLL..

Contact Address :

LLLLLLLLLLLLLLLLLLLLLLLLLLLLL..

and

F.2.13.9

Telephonic, telegraphic, telex, facsimile, posted or e-mailed tender offers will not be accepted.

F.2.15

Closing time The closing time and the address for delivery of tender offers is : Closing Date :

on or before Friday, 28st November 2014

Closing Time :

at or before 11:00 AM

Delivery Address :

Engineering Unit, Municipal Centre, 166 K.E. Masinga Road (formerly Old Fort Road) DURBAN

F.2.16

Tender offer validity

F.2.16.1

The Tender Offer validity period is 120 Days from the closing time for submission of tenders.

F.2.23

Certificates Refer to Part T2.1.2 for a listing of certificates that must be provided with the tender.

F.3.4

Opening of Tender Submissions

F.3.4.1

Tenders will be opened immediately after the closing time for tenders. The public reading of


5



tenders will take place in the Boardroom, 6th Floor, Municipal Building, 166 KE Masinga Road F.3.11

Evaluation of Tender Offers The procedure for evaluation of responsive Tender Offers will be in accordance with the eThekwini Municipality’s revised Procurement Policy that was adopted by full council on 30 July 2003 and the Participation and Conditions Pertaining to Targeted Procurement (as revised by Council on 09/12/2011), the Preferential Procurement Policy Framework Act No 5 of 2000, and the Preferential Procurement Policy Framework Act Regulations (2011).

F.3.11.3

The procedure for the evaluation of responsive tenders is Method 2. Quality, is to be used as a threshold. The minimum number of evaluation points for quality, and the calculation thereof, are according to the provisions of F.3.11.9. Tender offers that fail to score the minimum number of points for quality will be rejected as non-responsive.

F.3.11.7

The financial offer will be scored using Formula 2 (option 1) in Table F.1. The value of W1 is:

F.3.11.8

•

90 where the financial value inclusive of VAT of all responsive tenders received have a value in excess of R 1,000,000; OR

•

80 where the financial value inclusive of VAT of one or more responsive tender offers have a value that equals or is less than R 1,000,000.

Up to 100 minus W1 (see F.3.11.7) tender evaluation points will be awarded for preference to tenderers who attain the B-BBEE status level of contributor in accordance with the table below: B-BBEE Status Level of Contributor

Number of Points where Number of Points where W1 = 90 W1 = 80

1

10

20

2

9

18

3

8

16

4

5

12

5

4

8

6

3

6

7

2

4

8

1

2

Non-Compliant Contributor

0

0

A full listing of conditions for the awarding of preference points is found under Clause 11 of the PPPFA Regulations which form part of this document by reference (see T1.2.2 : Tender Data – F.1.2)


6


F.3.11.9


The minimum number of evaluation points for Quality is 70. Only those tenderers who achieve the minimum number of Quality evaluation points (or greater) will be eligible to have their tenders further evaluated. The value of W2 is 100. Quality shall be scored according to three evaluation criteria as provided below: 1)

2)

3)

Tenderer’s experience in the design of PV system’s: Please refer to Section C3.7 and ensure that form EC1 from the returnable schedule is signed and attached at the end of Chapter 4.1 of the proposal [total 50 points] Tenderer’s experience in contract management and construction supervision for PV installations: Please refer to Section C3.7 and ensure that form EC2 from the returnable schedule is signed and attached at the end of Chapter 4.2 of the proposal [total 35 points] Quality of proposal, methodology, and programme: Please refer to Section C3.7. [15 points]

Each evaluation criteria will be assessed in terms of five indicators – no response, poor, satisfactory, good and very good. Scores of 0, 40, 70, 90 or 100 will be allocated to no response, poor, satisfactory, good and very good, respectively. The scores of each of the evaluators will be averaged, weighted and then totalled to obtain the final score for quality. The quality criteria and score in respect of each of the criteria are as follows:


1



The quality criteria and maximum score in respect of each of the criteria are as follows: Criteria

Experience in designing PV systems [50 points]

Experience in contract management and construction supervision [35 points]

Proposal, methodology and programme [15 points]


0

40

70

Failed to demonstrate any experience in designing PV plants [0 points]

Has completed detailed designs for 5 PV systems > 10 kW, 2 rooftop PV systems > 50 kW and a total of 200 kWp of PV [20 points]

No construction supervision or contract management experience indicated [0 points]

Supervised the construction of, or constructed 5 PV systems > 10 kW, 2 rooftop PV systems > 50 kW and a total of 200 kWp of PV [14 points]

Has completed detail designs for 5 PV systems > 10 kW and 3 rooftop systems > 50 kW and a total of 750 kWp of PV [35 points] Supervised the construction of, or constructed 5 PV systems > 10 kW and 3 rooftop systems > 50 kW and a total of 750 kWp of PV [24.5 points]

No response / no documents submitted [0 points]

The technical approach and / or methodology is poor / is unlikely to satisfy project objectives or requirements. The tenderer has misunderstood certain aspects of the scope of work and does not deal with the critical aspects of the project. [6 points]

90

100

Has completed detail designs for 5 PV systems > 10 kW, 3 rooftop systems > 50 kW and a total of 1,000 kWp of PV [45 points]

Has completed detailed designs for 5 PV systems > 10 kW, 3 rooftop systems > 100 kW and a total of 1,500 kWp of PV [50 points]

Supervised the construction of, or constructed 5 PV systems > 10 kW, 3 rooftop systems > 50 kW and a total of 1,000 kWp of PV [31.5 points]

The approach is generic and not tailored to address the specific project objectives and methodology. The approach does not adequately deal with the critical characteristics of the project. The project plan and manner in which risk is to be managed etc. is too generic. The programme is adequate. [10.5 points]

The approach is tailored to address the specific project objectives and methodology and is sufficiently flexible to accommodate changes that may occur during execution. The project plan and approach to managing risk etc. is tailored to the critical characteristics of the project. The programme is good and has allowed for all critical aspects [13.5 points]

2

Supervised the construction of, or constructed 5 PV systems > 10 kW, 3 rooftop systems > 100 kW and a total of 1,500 kWp of PV [35 points] Besides meeting the “good” rating, the important issues are approached in an innovative and efficient way, indicating that the tenderer has outstanding knowledge of state-of-theart approaches. The programme is well thought out and makes allowance for all the key risk areas. The approach paper details ways to improve the project outcomes and the quality of the outputs [15 points]


F.3.13


Acceptance of tender offer Tender offers will only be accepted if: (a) (b) (c) (d)

(e)

(f)

Conditions a) through f) of F.3.13 of the Conditions of Tender Data are met; The tender offer is signed by a person authorised to sign on behalf of the Tenderer; A Tenderer who submitted a tender as a Joint Venture has included an acceptable Joint Venture Agreement with his tender; The tenderer submits an original valid Tax Clearance Certificate issued by the South African Revenue Services or has made arrangements to meet outstanding tax obligations; The tenderer or any of its directors/shareholders 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; The tenderer has not: •

Abused the Employer’s Supply Chain Management System; or

Failed to perform on any previous contract and has been given a written notice to this effect; The tenderer has completed the Compulsory Enterprise Questionnaire and there are no conflicts of interest which may impact on the tenderer’s ability to perform the contract in the best interests of the employer or potentially compromise the tender process; The tenderer is registered and in good standing with the compensation fund or with a licensed compensation insurer; •

(g)

(h)

F.3.18

Copies of contract The number of paper copies of the signed contract to be provided by the Employer is ONE.

The additional conditions of tender are:

F.2.24

Appeal process In terms of Regulation 49 of the Municipal Supply Chain Management Regulations persons aggrieved by decisions or actions taken by the Municipality, may lodge an appeal within 14 days of the decision or action, in writing to the Municipality. In dealing with these appeals, the Municipal Manager will follow the following procedure: (a)

All appeals (clearly setting out the reasons for the appeal) and queries with regard to the decision of award are to be directed to: The City Manager Attention Mr T. Seimela P O Box 1014 DURBAN 4000


(Facsimile: 031 311 3261)

3


(b) (c) (d) (e)

(f)

F2.25


A copy of the appeal will be forwarded to the Chairperson of the Bid Adjudication Committee, who must provide a response in writing within seven days. In the event that there are allegations made against third parties, they will also be given an opportunity, to respond to the allegations within seven days. These responses will then be sent to the appellant for a reply within five days. The appeal will be considered on these written submissions, unless the appeal authority is of the view that there is a need for oral submissions, in which case, the appellant will be notified of the date, place and time of such hearing. The Appeal Authority must commence with the appeal within six weeks and decide the appeal within reasonable period.

Prohibition on awards to persons in the service of the state Clause 44 of the Supply Chain Management Regulations states that the Municipality or Municipal Entity may not make any award to a person: (a) (b) (c)

Who is in the service of the State; If that person is not a natural person, of which a director, manager, principal shareholder or stakeholder is a person in the service of the state; or Who is an advisor or consultant contracted with the municipality or a municipal entity.

Should a contract be awarded, and it is subsequently established that Clause 44 has been breached, the Employer shall have the right to terminate the contract with immediate effect. F.2.26

Participation and conditions pertaining to targeted procurement The Tenderers shall make themselves familiar with the requirements of the following policies that are available on web address: ftp://ftp.durban.gov.za/cesu/StdContractDocs/: •

Targeted Procurement Policy;

•

Participation and Conditions Pertaining to Targeted Procurement;

•

Code of Conduct;


4



PART T2 : RETURNABLE DOCUMENTS T2.1 : LIST OF RETURNABLE SCHEDULES, FORMS, AND CERTIFICATES

T2.1.1

General The Tender Document must be submitted as a whole. All forms must be properly completed as required, and the document shall not be taken apart or altered in any way whatsoever. The Tenderer is required to complete each and every Schedule and Form listed below to the best of his ability as the evaluation of tenders and the eventual contract will be based on the information provided by the Tenderer. Failure of a Tenderer to complete the Schedules and Forms to the satisfaction of the Employer will inevitably prejudice the tender and may lead to rejection on the grounds that the tender is not responsive. The same applies to the Targeted Procurement Schedules.

T2.1.2

Returnable Schedules, Forms and Certificates Company Specific Certificate of Attendance at Clarification Meeting Certificate of Authority Declaration of Municipal Fees Compulsory Enterprise Questionnaire

7 8 11 12

MBD2 : Tax Clearance Certificate Requirements MBD4 : Declaration of Interest MBD6.1 : Preference Points Claim Form ITO the Preferential Regulations MBD8 : Declaration of Bidder’s Past SCM Practices MBD9 : Certificate of Independent Bid Determination

14 15 17 18 20

Technical and Evaluation EC1: Evaluation Criteria Declaration Form 1 EC2: Evaluation Criteria Declaration Form 2 Proposed Organisation and Staffing Experience of Key Staff

22 23 24 25

Contractual Joint Venture Agreements (if applicable) Record of Addenda to Tender Documents Form of Offer Bill of Quantities / Priced Schedule of Activities

Returnable Documents

26 27 28

5


T2.1.3


Preferential Procurement Schedules and Affidavits In the event of the Tenderer not being registered with the eThekwini Municipality, the following must be completed and submitted prior to the submission of tenders: •

Application for Registration on the eThekwini Municipality Procurement Database.

•

Application for Targeted Enterprise Status.

•

Code of Conduct.

•

Participation by Targeted Enterprises and Conditions. th

These documents are available from Room 614, 6 Floor, 166 KE Masinga Road, Durban or on the internet at www.durban.gov.za. Follow the following links : eThekwini Municipality / City Government / Administration / Administrative Clusters / Finance / Supply Chain Management / Application for the City's Accredited Supplier and Contractor's Database / Documents you need. NOTES (a) (b) (c)

The information for registration as in the possession of the eThekwini Municipality will apply. It is the Tenderer's responsibility to ensure that the details as submitted to the Municipality are correct. Tenderers are to submit the above forms prior to the submission of tenders.

T2.2 : RETURNABLE SCHEDULES, FORMS, AND CERTIFICATES The returnable schedules, forms, and certificates as listed in T2.1.2 can be found on the pages 7 to 28.


6



CERTIFICATE OF ATTENDANCE AT CLARIFICATION MEETING / SITE INSPECTION This is to certify that: (tenderer name)

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

of (address)

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

was represented by the person(s) named below at the compulsory clarification meeting held for all tenderers at: rd

(location)

Energy Office, 3 floor, SmartXchnage, 5 Walnut Road, Durban, 4001

on (date)

5th November, 2014

starting at (time)

14:00 AM

I / We acknowledge that the purpose of the meeting was to acquaint myself / ourselves with the site of the works and / or matters incidental to doing the work specified in the tender documents in order for me / us to take account of everything necessary when compiling our rates and prices included in the tender. Particulars of person(s) attending the meeting:

Name :

LLLLLLLLLLLLLLL.

Name :

.................... LLLLLLLLLLLLL.

Signature : LLLLLLLLLLLLLLL.

Signature : .................. LLLLLLLLLLLLL.

Capacity :

Capacity : ................... LLLLLLLLLLLLL.

LLLLLLLLLLLLLLL.

Attendance of the above person(s) at the meeting is confirmed by the Employer's representative, namely :

Name :

LLLLLLLLLLLLLLL.

Signature : LLLLLLLLLLLLLLL. Capacity :

LLLLLLLLLLLLLLL.

Date :

LLLLLLLLLLLLLLL.

Time :

LLLLLLLLLLLLLLL.


7



CERTIFICATE OF AUTHORITY Indicate the status of the tenderer by ticking the appropriate box hereunder. The tenderer must complete the certificate set out below for the relevant category. (I) COMPANY

(II) CLOSE CORPORATION

(III) (IV) PARTNERSHIP JOINT VENTURE

(V) SOLE PROPRIETOR

Tenderers are to attach Company / Close Corporation / Partnership / Joint Venture / Sole Proprietor registration certificates. In the case of a Joint Venture, the Joint Venture Agreement and power of attorney are to be attached. In the case of one-man concerns, ID certificates are to be attached.

(I)

CERTIFICATE FOR COMPANY

I, ..........................................................................................., chairperson of the Board of Directors of ................................................, hereby confirm that by resolution of the Board (copy attached) taken on ................................ 20......, Mr/Ms ..................................................................., acting in the capacity of ...........................................................................L..., was authorised to sign all documents in connection with this tender and any contract resulting from it on behalf of the company. Chairman :

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

Date :

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

As Witnesses :

1.


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

2.

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

8


(II)


CERTIFICATE FOR CLOSE CORPORATION

We, the undersigned, being the key members in the business trading as ............................................... .............................................................. hereby authorise Mr/Ms ..........................................................., acting in the capacity of .................................................................., to sign all documents in connection with the tender for Contract No. ................................... and any contract resulting from it on our behalf. NAME

Note :

(III)

ADDRESS

SIGNATURE

DATE

This certificate is to be completed and signed by all of the key members upon whom rests the direction of the affairs of the Close Corporation as a whole.

CERTIFICATE FOR PARTNERSHIP

We, the undersigned, being the key partners in the business trading as ................................................... .............................................................. hereby authorise Mr/Ms ......................................................, acting in the capacity of .................................................................., to sign all documents in connection with the tender for Contract No. ................................... and any contract resulting from it on our behalf. NAME

Note :

ADDRESS

SIGNATURE

DATE

This certificate is to be completed and signed by all of the key partners upon whom rests the direction of the affairs of the Partnership as a whole.


9


(IV)


CERTIFICATE FOR JOINT VENTURE

We, the undersigned, are submitting this tender offer in Joint Venture and hereby authorize Mr/Ms .................................................. , authorized signatory of the company, ....................................... ................................................................ acting in the capacity of lead partner, to sign all documents in connection with the tender offer for Contract No. ................ and any contract resulting from it on our behalf. This authorization is evidenced by the attached power of attorney signed by legally authorized signatories of all the partners to the Joint Venture. NAME

Note :

(V)

ADDRESS

SIGNATURE

DATE

This certificate is to be completed and signed by all of the key partners upon whom rests the direction of the affairs of the Joint Venture as a whole.

CERTIFICATE FOR SOLE PROPRIETOR

I, ............................................................................................., hereby confirm that I am the sole owner of the business trading as .........................................................................................................................

Signature of Sole owner :

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

Date :

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

As Witnesses :


1.

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

2.

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

10



DECLARATION OF MUNICIPAL FEES I, the undersigned, do hereby declare that the Municipal fees of ..................................................................................................................................................................... (full name of Company / Close Corporation / partnership / sole proprietary/Joint Venture)

(hereinafter referred to as the TENDERER) are, as at the date hereunder, fully paid or an Acknowledgement of Debt has been concluded with the Municipality to pay the said charges in instalments. The following account details relate to property of the said TENDERER: Account

Account Number: to be completed by tenderer.

Consolidated Account No.

Electricity

Water

Rates

JSB Levies

Other

Other

I acknowledge that should the aforesaid Municipal charges fall into arrears, the Municipality may take such remedial action as is required, including termination of any contract, and any payments due to the Contractor by the Municipality shall be first set off against such arrears. ATTACHED, to the back inside cover of this document, please find copies of the above account’s and or agreements signed with the municipality. •

Where the TENDERER’S place of business or business interests are outside the jurisdiction of eThekwini municipality, a copy of the accounts/agreements from the relevant municipality must be attached (to the back inside cover of this document).

•

Where the tenderer’s Municipal Accounts are part of their lease agreement, then a copy of the agreement, or official letter to that effect is to be attached (to the back inside cover of this document).

NAME

SIGNATURE

: ........................................................................

(Block Capitals)

: LLLLLLLLLLL..LLLLLLL..LLL

DATE: ................................

(of person authorised to sign on behalf of the Tenderer)


11



COMPULSORY ENTERPRISE QUESTIONNAIRE The following particulars must be furnished. In the case of a joint venture, a separate questionnaire in respect of each partner must be completed and submitted.

1)

Name of enterprise:

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

2)

VAT registration number, if any:

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

3)

CIDB registration number, if any:

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

4)

Particulars of sole proprietors and partners in partnerships Full Name

Identity number*

Personal income tax number *

* Complete only if a sole proprietor or partnership and attach separate page if more than 3 partners

5)

Particulars of companies and close corporations Company registration number, if applicable: ..................................................................................... Close corporation number, if applicable: Tax Reference number, if any:

6)

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

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

Record in the service of the state Indicate by marking the relevant boxes with a cross, if any sole proprietor, partner in a partnership or director, manager, principal shareholder or stakeholder in a company or close corporation is currently or has been within the last 12 months in the service of any of the following: a member of any municipal council a member of any provincial legislature a member of the National Assembly or the National Council of Province

an employee of any provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance Management Act, 1999 (Act 1 of 1999) a member of an accounting authority of any national or provincial public entity

a member of the board of directors of any municipal entity an official of any municipality or municipal entity

Name of sole proprietor, partner, director, manager, principal shareholder or stakeholder

an employee of Parliament or a provincial legislature

Name of institution, public office, board or organ of state and position held

Status of service (tick appropriate column) Current

Within last 12 months

Insert separate page if necessary


12


7)


Record of spouses, children and parents in the service of the state Indicate by marking the relevant boxes with a cross, if any spouse, child or parent of a sole proprietor, partner in a partnership or director, manager, principal shareholder or stakeholder in a company or close corporation is currently or has been within the last 12 months in the service of any of the following: a member of any municipal council a member of any provincial legislature a member of the National Assembly or the National Council of Province

an employee of any provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance Management Act, 1999 (Act 1 of 1999) a member of an accounting authority of any national or provincial public entity

a member of the board of directors of any municipal entity an official of any municipality or municipal entity

Name of spouse, child or parent

an employee of Parliament or a provincial legislature

Name of institution, public office, board or organ of state and position held

Status of service (tick appropriate column) Current

Within last 12 months

Insert separate page if necessary

The undersigned, who warrant that he/she is duly authorised to do so on behalf of the enterprise: i) ii)

iii) iv)

v)

authorizes the Employer to obtain a tax clearance certificate from the South African Revenue Services that my/our tax matters are in order; confirms that neither the name of the enterprise or the name of any partner, manager, director or other person, who wholly or partly exercise, or may exercise, control over the enterprise appears on the Register of Tender Defaulters established in terms of the Prevention and Combating of Corrupt Activities Act of 2004; confirms that no partner, member, director or other person, who wholly of partly exercise, control over the enterprise appears, has within the last five years been convicted of fraud or corruption; confirms that I/we are not associated, linked or involved with any other tendering entities submitting tender offers and have no other relationship with any of the bidders or those responsible for compiling the scope of work that could cause or be interpreted as a conflict of interest; confirms that the contents of this questionnaire are within my personal knowledge and are to the best of my belief both true and correct.

Signed

LLLLLLLLLLLLLLL

Date

LLLLLLLLLLLLLLL

Name

LLLLLLLLLLLLLLLL

Position

LLLLLLLLLLLLLLL

Enterprise Name LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL


13



MBD 2 : TAX CLEARANCE CERTIFICATE REQUIREMENTS It is a condition of bid that the taxes of the successful bidder must be in order, or that satisfactory arrangements have been made with South African Revenue Service (SARS) to meet the bidder’s tax obligations. 1)

In order to meet this requirement bidders are required to complete the TCC 001 : “Application for a Tax Clearance Certificate” form and submit it to any SARS branch office nationally. The Tax Clearance Certificate Requirements are also applicable to foreign bidders / individuals who wish to submit bids.

2)

SARS will then furnish the bidder with a Tax Clearance Certificate that will be valid for a period of 1 (one) year from the date of approval.

3)

The original Tax Clearance Certificate must be submitted together with the bid (attached to the inside back cover of this procurement document). Failure to submit the original and valid Tax Clearance Certificate will result in the invalidation of the bid. Certified copies of the Tax Clearance Certificate will not be acceptable.

4)

In bids where Consortia / Joint Ventures / Sub-contractors are involved, each party must submit a separate Tax Clearance Certificate.

5)

Copies of the TCC 001 : “Application for a Tax Clearance Certificate” form are available from any SARS branch office nationally or on the website www.sars.gov.za .

6)

Applications for the Tax Clearance Certificates may also be made via eFiling. In order to use this provision, taxpayers will need to register with SARS as eFilers through the website www.sars.gov.za .

Attach the original, valid, Tax Clearance Certificate to the inside back cover of this procurement document


14



MBD 4 : DECLARATION OF INTEREST 1.

No bid will be accepted from persons “in the service of the state1”.

2.

Any person, having a kinship with persons in the service of the state, including a blood relationship, may make an offer or offers in terms of this invitation to bid. In view of possible allegations of favouritism, should the resulting bid, or part thereof, be awarded to persons connected with or related to persons in service of the state, it is required that the bidder or their authorised representative declare their position in relation to the evaluating/adjudicating authority and/or take an oath declaring his/her interest.

3.

In order to give effect to the above, the following questionnaire must be completed and submitted with the bid. 3.1

Full Name of bidder or his or her representative

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

3.2

ID Number of bidder or his or her representative

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

3.3

Position occupied in the enterprise (dir, trustee, shareholder2)

3.4

Company registration number

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

3.5

Tax Reference number

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

3.6

VAT registration number

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

3.7

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

The names of all directors / trustees / shareholders / members / sole proprietors / partners in partnerships, their individual identity numbers and state employee numbers must be indicated in paragraph 4 below.

3.8

Are you presently in the service of the state? 3.8.1

If yes, furnish particulars

YES / NO LLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLL

3.9

Have you been in the service of the state for the past twelve months? 3.9.1

If yes, furnish particulars

YES / NO

LLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLL

3.10

Do you have any relationship (family, friend, other) with persons in the service of the state and who may be involved with the evaluation and or adjudication of this bid? 3.10.1 If yes, furnish particulars

YES / NO


1 MSCM Regulations: “in the service of the state” means to be – (a) a member of – (i) any municipal council; (ii) any provincial legislature; or (iii) the national Assembly or the national Council of provinces; (b) a member of the board of directors of any municipal entity; (c) an official of any municipality or municipal entity; (d) an employee of any national or provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance Management Act, 1999 (Act No.1 of 1999); (e) a member of the accounting authority of any national or provincial public entity; or (f) an employee of Parliament or a provincial legislature. 2

“Shareholder” means a person who owns shares in the company and is actively involved in the management of the company or business and exercises control over the company.


15


3.11

Are you, aware of any relationship (family, friend, other) between any other bidder and any persons in the service of the state who may be involved with the evaluation and or adjudication of this bid? 3.11.1 If yes, furnish particulars


YES / NO


3.12

Are any of the company’s directors, trustees, managers, principle shareholders or stakeholders in service of the state? 3.12.1 If yes, furnish particulars

YES / NO


3.13

Are any spouse, child or parent of the company’s directors, trustees, managers, principle shareholders or stakeholders in service of the state? 3.13.1 If yes, furnish particulars

YES / NO


3.14

Do you or any of the directors, trustees, managers, principle shareholders, or stakeholders of this company have any interest in any other related companies or business whether or not they are bidding for this contract 3.14.1 If yes, furnish particulars

YES / NO


4.

Full details of directors / trustees / members / shareholders.

Full Name

Identity number

State Employee Number

Personal income tax number *

Signed

LLLLLLLLLLLLLLL

Date

LLLLLLLLLLLLLLL

Name

LLLLLLLLLLLLLLLL

Position

LLLLLLLLLLLLLLL

Enterprise Name LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL


16



MBD 6.1 (Reduced) : PREFERENCE POINTS CLAIM ITO THE PREFERENTIAL REGULATIONS) 1.0

GENERAL

1.1

Preference points for this tender shall be awarded as per the Tender Data (T1.2.2 – F.3.11) and the Preferential Procurement Regulations (2011).

1.2

Failure on the part of a tenderer to submit a B-BBEE Verification Certificate from a Verification Agency accredited by the South African Accreditation System (SANAS) or a Registered Auditor approved by the Independent Regulatory Board of Auditors (IRBA) or an Accounting Officer as contemplated in the Close Corporation Act (CCA) together with the bid, will be interpreted to mean that preference points for B-BBEE status level of contribution are not claimed.

1.3

The Employer reserves the right to require of a tenderer, either before a bid is adjudicated or at any time subsequently, to substantiate any claim in regard to preferences, in any manner required by the Employer. Attach the B-BBEE Verification Certificate to the inside back cover of this document.

2.0

DECLARATION

2.1

B-BBEE Status Level of Contribution claimed:

LLLLLL..L.LL.. (tenderer to complete)

2.2

Will any portion of the contract be sub-contracted? (circle applicable)

YES / NO

2.2.1 If YES, indicate: (i)

what percentage of the contract will be subcontracted?

(ii) the name of the sub-contractor?

LLLLLLLLLLLLLLLLLLLLLL.. (tenderer to complete)

(iii) the B-BBEE status level of the sub-contractor?

(iv) whether the sub-contractor is an EME? (circle applicable) 2.3

........LLLLLL.L% (tenderer to complete)

LLLLLL.LL.. (tenderer to complete) YES / NO

I / we, the undersigned, certify that the B-BBEE status level of contribution indicated in paragraph 2.1 above qualifies the company / firm for preference points and I / we acknowledge that the remedies as per Clause 13 of the Preferential Procurement Regulations (2011) shall apply.

NAME

: ........................................................................

(Block Capitals)

SIGNATURE


DATE: ................................



17



MBD8 : DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES This Municipal Bidding Document must form part of all bids invited. It serves as a declaration to be used by municipalities and municipal entities in ensuring that when goods and services are being procured, all reasonable steps are taken to combat the abuse of the supply chain management system. The bid of any bidder may be rejected if that bidder, or any of its directors have: a) b) c) d)

abused the municipality’s / municipal entity’s supply chain management system or committed any improper conduct in relation to such system; been convicted for fraud or corruption during the past five years; wilfully neglected, reneged on or failed to comply with any government, municipal or other public sector contract during the past five years; or been listed in the Register for Tender Defaulters in terms of section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004).

In order to give effect to the above, the following questionnaire must be completed. Tenderers are to circle applicable

1)

Is the bidder or any of its directors listed on the National Treasury’s Database of Restricted Suppliers as companies or persons prohibited from doing business with the public sector? (Companies or persons who are listed on this Database were informed in writing of this restriction by the Accounting Officer / Authority of the institution that imposed the restriction after the audi alteram partem rule was applied).

YES

NO

The Database of Restricted Suppliers now resides on the National Treasury’s website (www.treasury.gov.za) and can be accessed by clicking on its link at the bottom of the home page.

If yes, furnish particulars LLLLLLLLLLLLLLLLLLLLLLLLLLLLL..LL.. LLLLLLLLLLLLLLLLLLLLLLLLLLLLLL..L.. 2)

Is the bidder or any of its directors listed on the Register for Tender Defaulters in terms of section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004)?

YES

NO

The Register for Tender Defaulters can be accessed on the National Treasury’s website (www.treasury.gov.za) by clicking on its link at the bottom of the home page.


Was the bidder or any of its directors convicted by a court of law (including a court of law outside the Republic of South Africa) for fraud or corruption during the past five years?

YES

NO

If yes, furnish particulars LLLLLLLLLLLLLLLLLLLLLLLLLLLLL..LL.. LLLLLLLLLLLLLLLLLLLLLLLLLLLLLL..L..


18



Tenderers are to circle applicable

4)

Does the bidder or any of its directors owe any municipal rates and taxes or municipal charges to the municipality / municipal entity, or to any other municipality / municipal entity, that is in arrears for more than three months?

YES

NO


Was any contract between the bidder and the municipality / municipal entity or any other organ of state terminated during the past five years on account of failure to perform on or comply with the contract?

YES

NO

If yes, furnish particulars LLLLLLLLLLLLLLLLLLLLLLLLLLLLL..LL.. LLLLLLLLLLLLLLLLLLLLLLLLLLLLLL..L..

I, the undersigned, certify that the information furnished on this declaration form true and correct. I accept that, in addition to cancellation of a contract, action may be taken against me should this declaration prove to be false.

NAME

SIGNATURE

: ........................................................................

(Block Capitals)


DATE: ................................



19



MBD9 : CERTIFICATE OF INDEPENDENT BID DETERMINATION This Municipal Bidding Document (MBD) must form part of all bids¹ invited. Section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998, as amended, prohibits an agreement between, or concerted practice by, firms, or a decision by an association of firms, if it is between parties in a horizontal relationship and if it involves collusive bidding (or bid rigging).² Collusive bidding is a pe se prohibition meaning that it cannot be justified under any grounds. Municipal Supply Regulation 38 (1) prescribes that a supply chain management policy must provide measures for the combating of abuse of the supply chain management system, and must enable the accounting officer, among others, to: (a)

take all reasonable steps to prevent such abuse;

(b)

reject the bid of any bidder if that bidder or any of its directors has abused the supply chain management system of the municipality or municipal entity or has committed any improper conduct in relation to such system; and

(c)

cancel a contract awarded to a person if the person committed any corrupt or fraudulent act during the bidding process or the execution of the contract.

The following MBD serves as a certificate of declaration that would be used by institutions to ensure that, when bids are considered, reasonable steps are taken to prevent any form of bid-rigging. In order to give effect to the above, the following Certificate of Bid Determination (MBD 9) must be completed and submitted with the bid. ¹ Includes price quotations, advertised competitive bids, limited bids and proposals. ² Bid rigging (or collusive bidding) occurs when businesses, that would otherwise be expected to compete, secretly conspire to raise prices or lower the quality of goods and / or services for purchasers who wish to acquire goods and / or services through a bidding process. Bid rigging is, therefore, an agreement between competitors not to compete.

CERTIFICATE OF INDEPENDENT BID DETERMINATION I, the undersigned, in submitting the accompanying bid, in response to the invitation for the bid made by the eThekwini Municipality : Pensions, Finance and Major Projects UNIT, do hereby make the following statements that I certify to be true and complete in every respect: 1.

I have read and I understand the contents of this Certificate;

2.

I understand that the accompanying bid will be disqualified if this Certificate is found not to be true and complete in every respect;

3.

I am authorized by the bidder to sign this Certificate, and to submit the accompanying bid, on behalf of the bidder;

4.

Each person whose signature appears on the accompanying bid has been authorized by the


20


5.

bidder to determine the terms of, and to sign, the bid, on behalf of the bidder; For the purposes of this Certificate and the accompanying bid, I understand that the word “competitor” shall include any individual or organization, other than the bidder, whether or not affiliated with the bidder, who: a) b) c)

6.


has been requested to submit a bid in response to this bid invitation; could potentially submit a bid in response to this bid invitation, based on their qualifications, abilities or experience; and provides the same goods and services as the bidder and/or is in the same line of business as the bidder.

The bidder has arrived at the accompanying bid independently from, and without consultation, communication, agreement or arrangement with any competitor. However communication between partners in a joint venture or consortium³ will not be construed as collusive bidding. (Joint venture or Consortium means an association of persons for the purpose of combining their expertise, property, capital, efforts, skill and knowledge in an activity for the execution of a contract.

7.

In particular, without limiting the generality of paragraphs 6 above, there has been no consultation, communication, agreement or arrangement with any competitor regarding: a) b) c) d) e) f)

prices; geographical area where product or service will be rendered (market allocation); methods, factors or formulas used to calculate prices; the intention or decision to submit or not to submit, a bid; the submission of a bid which does not meet the specifications and conditions of the bid; bidding with the intention not to win the bid.

8.

In addition, there have been no consultations, communications, agreements or arrangements with any competitor regarding the quality, quantity, specifications and conditions or delivery particulars of the products or services to which this bid invitation relates.

9.

The terms of the accompanying bid have not been, and will not be, disclosed by the bidder, directly or indirectly, to any competitor, prior to the date and time of the official bid opening or of the awarding of the contract.

10.

I am aware that, in addition and without prejudice to any other remedy provided to combat any restrictive practices related to bids and contracts, bids that are suspicious will be reported to the Competition Commission for investigation and possible imposition of administrative penalties in terms of section 59 of the Competition Act No. 89 of 1998 and or may be reported to the National Prosecuting Authority (NPA) for criminal investigation and or may be restricted from conducting business with the public sector for a period not exceeding ten (10) years in terms of the Prevention and Combating of Corrupt Activities Act No. 12 of 2004 or any other applicable legislation.

NAME

SIGNATURE

: ........................................................................

(Block Capitals)


DATE: ................................



21



EC1: Evaluation Criteria Declaration Form 1 - Tenderer’s experience in the design of PV system’s The experience of the tenderer is to be outline in Chapter 4.1 of the proposal document. Tenderers must attach this signed document at the end of Chapter 4.1 of their proposal. More details on how to populate the contents of Chapter 4.1 can be found Part C.3.7 of this tender document. Details on the scoring criteria for this category can be found in Part T.1.2 Clause F.3.11. The undersigned, who warrants that he / she is duly authorised to do so on behalf of the enterprise, confirms that the contents of this schedule are within my personal knowledge and are to the best of my belief both true and correct.

NAME

: ........................................................................

(Block Capitals)

SIGNATURE


DATE: ................................



22



EC2: Evaluation Criteria Declaration Form 2 - Tenderer’s experience in contract management and construction supervision of PV installations The experience of the tenderer is to be outline in Chapter 4.2 of the proposal document. Tenderers must attach this signed document at the end of Chapter 4.2 of their proposal. More details on how to populate the contents of Chapter 4.2 can be found Part C.3.7 of this tender document. Details on the scoring criteria for this category can be found in Part T.1.2, clause F.3.11. The undersigned, who warrants that he / she is duly authorised to do so on behalf of the enterprise, confirms that the contents of this schedule are within my personal knowledge and are to the best of my belief both true and correct.

NAME

SIGNATURE

: ........................................................................

(Block Capitals)


DATE: ................................



23



PROPOSED ORGANISATION AND STAFFING

Title

PERSONNEL SCHEDULE

Name Job Description Qualifications / Years of Experience Estimated Period of Engagement (Weeks)


24



EXPERIENCE OF KEY STAFF The experience of assigned staff member in relation to the scope of work will be evaluated from three different points of view: 1) 2) 3)

General experience, level of education and training and positions held of each operational area team leader. The skills and experience of the assigned staff in the specific operational areas. Linked to the scope of work. The key staff members’ / experts’ knowledge of issues which the tenderer considers pertinent to events e.g. local conditions, legislation, techniques etc.

CVs of the team director, and team leaders of not more than 2 pages each should be attached to this schedule: (define which CV’s are required) Each CV should be structured under the following headings: Personal particulars

Qualifications

Skills

Name of current employer and position in enterprise

Outline of recent assignments / experience that has a bearing on the scope of work

The undersigned, who warrants that he / she is duly authorised to do so on behalf of the enterprise, confirms that the contents of this schedule are within my personal knowledge and are to the best of my belief both true and correct. NAME

: ........................................................................

(Block Capitals)

SIGNATURE


DATE: ................................



25



JOINT VENTURES AGREEMENTS Joint Venture agreement and Power of Attorney Agreements to be attached here.


26



RECORD OF ADDENDA TO TENDER DOCUMENTS I / We confirm that the following communications received from the Employer or his representative before the date of submission of this tender offer, amending the tender documents, have been taken into account in this tender offer. ADD.No

DATE

TITLE OR DETAILS

1 2 3 4 5 6 7 8 9 10

NAME

: ........................................................................

(Block Capitals)

SIGNATURE


DATE: ................................



27



PART C1 : AGREEMENTS AND CONTRACT DATA C1.1 : FORM OF OFFER AND ACCEPTANCE C1.1.1 : OFFER The Employer, identified in the Acceptance signature block, has solicited offers to enter into a contract in respect of the following works: Contract No:

1X-15291

Contract Title:


The Tenderer, identified in the Offer signature block below, has examined the documents listed in the Tender Data and addenda thereto as listed in the Tender Schedules, and by submitting this Offer has accepted the Conditions of Tender. By the representative of the Tenderer, deemed to be duly authorised, signing this part of this Form of Offer and Acceptance, the Tenderer offers to perform all of the obligations and liabilities of the Contractor under the Contract including compliance with all its terms and conditions according to their true intent and meaning for an amount to be determined in accordance with the Conditions of Contract identified in the Contract Data. The offered total of the prices inclusive of Value Added Tax is: R.................................................

(In words ..........................................................................................

.......................................................................................................................................................................) This Offer may be accepted by the Employer by signing the Acceptance part of this Form of Offer and Acceptance and returning one copy of this document to the Tenderer before the end of the period of validity stated in the Tender Data, whereupon the Tenderer becomes the party named as the Contractor in the Conditions of Contract identified in the Contract Data. For the Tenderer: Signature (of person authorized to sign the tender)

: ........................................................................

Name (of signatory in capitals)

: ........................................................................

Capacity (of Signatory)

: ........................................................................

Name of Tenderer (organisation)

: ........................................................................

Address

: ............................................................................................................................ : ............................................................................................................................

Witness: Signature

: ...................................................

Name(in capitals) :

: ...................................................

Date

: ................................................... Note : Failure of a Tenderer to complete and sign this form will invalidate the tender

Agreements and Contract Data

28



C1.1 : FORM OF OFFER AND ACCEPTANCE C1.1.2 : FORM OF ACCEPTANCE By signing this part of the Form of Offer and Acceptance, the Employer identified below accepts the Tenderer’s Offer. In consideration thereof, the Employer shall pay the Contractor the amount due in accordance with the Conditions of Contract identified in the Contract Data. Acceptance of the Tenderer’s Offer shall form an agreement between the Employer and the Tenderer upon the terms and conditions contained in this Agreement and in the Contract that is the subject of this Agreement. The terms of the contract are contained in: • Part C1 : Agreement, and Contract Data, (which includes this Agreement) • Part C2 : Pricing Data • Part C3 : Scope of Work • Annexures and the schedules, forms, drawings and documents or parts thereof, which may be incorporated by reference into Parts C1 to C3 above. Deviations from and amendments to the documents listed in the Tender Data and any addenda thereto listed in the Tender Schedules as well as any changes to the terms of the Offer agreed by the Tenderer and the Employer during this process of offer and acceptance, are contained in the Schedule of Deviations attached to and forming part of this Agreement. No amendments to or deviations from said documents are valid unless contained in this Schedule, which must be duly signed by the authorised representatives of both parties. The tenderer shall within two weeks after receiving a completed copy of this agreement, contact the employer’s agent (whose details are given in the contract data) to arrange the delivery of any bonds, guarantees, proof of insurance and any other documentation to be provided in terms of the conditions of contract identified in the contract data. Failure to fulfil any of these obligations in accordance with those terms shall constitute a repudiation of this agreement. Notwithstanding anything contained herein, this Agreement comes into effect on the date when the Tenderer receives one fully completed original copy of this document, including the Schedule of Deviations (if any). Unless the Tenderer (now Contractor) within five days of the date of such receipt notifies the Employer in writing of any reason why he cannot accept the contents of this Agreement, this Agreement shall constitute a binding contract between the parties. Signature (person authorized to sign the acceptance)

: ........................................................................

Name (of signatory in capitals)

: ........................................................................

Capacity (of Signatory)

: ........................................................................

Name of Employer (organisation)

: ........................................................................

Address

: ............................................................................................................................ : ............................................................................................................................

Witness: Signature

: ...................................................

Name(in capitals) :

: ...................................................

Date

: ...................................................


29



C1.1 : FORM OF OFFER AND ACCEPTANCE C1.1.3 : SCHEDULE OF DEVIATIONS Notes: 1. 2. 3. 4.

1.

2.

3.

The extent of deviations from the tender documents issued by the employer before the tender closing date is limited to those permitted in terms of the conditions of tender. A tenderer’s covering letter shall not be included in the final contract document. Should any matter in such letter, which constitutes a deviation as aforesaid, become the subject of agreements reached during the process of offer and acceptance, the outcome of such agreement shall be recorded here. Any other matter arising from the process of offer and acceptance either as a confirmation, clarification or change to the tender documents and which it is agreed by the Parties becomes an obligation of the contract shall also be recorded here. Any change or addition to the tender documents arising from the above agreements and recorded here, shall also be incorporated into the final draft of the Contract.

Subject

: LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL..

Details


Subject


Details


Subject


Details


By the duly authorised representatives signing this Schedule of Deviations, the Employer and the Tenderer agree to and accept the foregoing Schedule of Deviations as the only deviations from and amendments to the documents listed in the Tender Data and addenda thereto as listed in the Tender Schedules, as well as any confirmation, clarification or change to the terms of the offer agreed by the Tenderer and the Employer during this process of offer and acceptance. It is expressly agreed that no other matter whether in writing, oral communication or implied during the period between the issue of the tender documents and the receipt by the Tenderer of a completed signed copy of this Agreement shall have any meaning or effect in the contract between the parties arising from this Agreement. FOR THE TENDERER

FOR THE EMPLOYER

LLLLLLLLL..LLLL..

Signature

LLLLLLLLL..LLLL..

LLLLLLLLL..LLLL..

Name (in capitals)

LLLLLLLLL..LLLL..

LLLLLLLLL..LLLL..

Capacity

LLLLLLLLL..LLLL..

LLLLLLLLL..LLLLL

Name and Address of

LLLLLLLLL..LLLLL

LLLLLLLLLLLLLL..

Organisation

LLLLLLLLLLLLLL..

LLLLLLLLLLLLLL..

LLLLLLLLLLLLLL..

LLLLLLLLLLLLLLL

Witness Signature

LLLLLLLLLLLLLLL

LLLLLLLLLLLLLL..

Witness Name

LLLLLLLLLLLLLL..

LLLLLLLLLLLLLL..

Date

LLLLLLLLLLLLLL..


30



C1.2 : CONTRACT DATA

C1.2.1

CONDITIONS OF CONTRACT

C1.2.1.1

GENERAL CONDITIONS OF CONTRACT The Conditions of Contract are the Standard Professional Services Contract (Third edition: July 2009) published by the Construction Industry Development Board. (see www.cidb.co.za - copied for ease of reference in C4.2). The Contract Data (including variations and additions) shall amplify, modify or supersede, as the case may be, the Standard Professional Services Contract, to the extent specified below, and shall take precedence and shall govern. Each item of data given below is cross-referenced to the clause in the Standard Professional Services Contract to which it mainly applies.

C1.2.2 CONTRACT DATA C1.2.2.1

DATA TO BE PROVIDED BY THE EMPLOYER Data

Clause #

3.4 and 4.3.2

The name of Employer is :

The authorised and designated representative of the Employer is: The contact details of the authorised and designated representative are:

The address for receipt of communications is:

The Project is :


eThekwini Municipality Energy Office Derek Morgan

031 311 1139 N/A [email protected] Energy Office 3rd floor SmartXchange, 5 Walnut Road, DURBAN, 4001 Contract : 1X-15291 Design, Tender Preparation, Contract Management and Supervision for the EOS Solar Photovoltaic Project

31


Clause #


Data

1

The Period of Performance is :

1

The Start Date is :

3.5

The location for the performance of the Project is :

eThekwini

3.15.2

The Service Provider shall update the programme at intervals not exceeding :

2 weeks

4.3.1(d)

The Service Provider is required to assist in the obtaining of approvals, licenses and permits from the state, regional and municipal authorities having jurisdiction over the Project

5.4.1

The Service Provider is required to provide Professional indemnity cover as set out in the Professional Indemnity Schedule. 1.

Insurance against : Cover is : Period of cover :

5.5

The Service Provider is required to obtain the Employer’s prior approval in writing before taking any of the following actions :

7.2

The Service Provider is required to provide personnel in accordance with the provisions of clause 7.2 and to complete the Personnel Schedule

8.1

The Service Provider is to commence the performance of the Services within : of date that the Contract becomes effective.

8.2.1

The Contract is concluded when

8.4.3(c)

The period of suspension under clause 8.5 is not to exceed :


3 years Immediately upon signing appointment letter

Professional indemnity 2 x contract value Current 1) Engaging with, or releasing information to the public 2) Carrying out work which requires building shutdowns etc.

7 Days

The defects liability expires or the period of performance has expired 6 months

32


Clause # 9.1


Data Copyright of documents prepared for the Project shall be vested with the :

Employer

11.1 12.1

Interim settlement of disputes is to be by mediation

12.2 & 12.3

Final settlement is by litigation / arbitration

12.2.1

In the event that the parties fail to agree on a mediator, the mediator is nominated by :

the Employer

The adjudicator is the person appointed by the :

Jonathan Edkins

12.3.3

13.1.3

13.4

All persons in a joint venture or consortium shall carry a minimum professional indemnity insurance of Neither the Employer nor the Service Provider is liable for any loss or damage resulting from any occurrence unless a claim is formally made within : months from the date of termination or completion of the Contract.


Tel

L

031 311 7009

Fax

LLLLLLLLLLL

No

LLLL..LLLLLL.

R 2,000,000

1 Month

33


C1.2.2.2


DATA TO BE PROVIDED BY CONTRACTOR Ref / Clause Number 1

Data The Service Provider is:

LLLLLLLLLLLLLLLLLLLL..LLL. LLLLLLLLLLLLLLLLLLLL..LLL.

Address :

LLLLLLLLLLLLLLLLLLLL.LLL. LLLLLLLLLLLLLLLLLLLL.LLL. LLLLLLLLLLLLLLLLLLLL.LLL.

5.3

Telephone :

LLLLLLLLLLLLLLLLLLLL.LLL.

Fax :


The authorised and designated representative of the Service Provider is: Name :

LLLLL.LLLLLLLLLLLLLLL.LLL.

The address for receipt of communications is: Address :

LLLLLLLLLLLLLLLLLLLL.LLL. LLLLLLLLLLLLLLLLLLLL.LLL. LLLLLLLLLLLLLLLLLLLL.LLL.

5.5 & 7.1.2

Telephone :


Fax :


E-Mail :


The Key Persons and their jobs / functions in relation to the services are: Name :


Specific Duties :


Name :


Specific Duties :



34



PART C2 : PRICING DATA C2.1 : PRICING INSTRUCTIONS C 2.1.1

The Service Provider is required to provide all the services necessary to undertake the project requirements in accordance with the Scope of Work. This includes all things necessary and incidental to providing the Services, including appointment and payment of subcontractors.

C 2.1.2

The sole basis for the remuneration of the Service Provider to be appointed to proceed with the project shall be for work carried out and submission of deliverables.

C 2.1.2.1

Please see Section C3.4 of this Tender document.

Pricing Data

35



C2.2 : PRICING SCHEDULE

Item

Description

Amount

1

Design and Preparation of Construction Tender

R

2

Contract Management and Construction Supervision

R

3

Commissioning of PV Systems

R

4

Preparation of Operation and Maintenance Tender

R

5

Management and Supervision of Operation and Maintenance Tender

R

TOTAL EXCLUDING VAT R VAT R TOTAL INCLUDING VAT R (this value to be transferred to the Form of Offer)

NAME

SIGNATURE

: ........................................................................

(Block Capitals)


DATE: ................................


Pricing Data

36



PART C3 : SCOPE OF WORK

C3.1 PROJECT BACKGROUND The Energy Office is responsible for implementing and promoting renewable energy and energy efficiency in the both the public and private sectors. The EOS Project is aimed at promoting the use of embedded rooftop solar PV generation in eThekwini and establishing an example for the private sector and other Municipalities to follow. This project will allow the Municipality to get firsthand experience in understanding the barriers to PV and also allow the Municipality to test its own policies and practices. In the region of 500kW of PV will be installed under this contract on the roofs of various Municipal buildings within Durban CBD. The buildings selected are as follows in the table below: Building

Location

PV System Size

Metro Police Headquarters Loram House uShaka Marine World office block Moses Mabhida Stadium – base of northern arch Moses Mabhida Stadium – People’s Park restaurant eThekwini Water and Sanitation Customer Services building Kings Park Swimming Pool Bufflesdraai Visitor Centre

29°50'57.05"S, 31° 1'30.66"E 29°50'46.74"S, 31° 1'34.82"E 29°52'6.07"S, 31° 2'40.43"E

115 kWp 5 kWp 135 kWp

29°49'38.58"S, 31° 1'51.74"E

2 kWp

29°49'55.29"S, 31° 1'43.42"E

110 kWp

29°51'7.74"S, 31° 1'27.72"E

45 kWp

29°49'51.45"S, 31° 1'57.57"E 29°37'50.77"S, 30°59'30.17"E

110 kWp 10 kWp

These buildings were selected due to their building type, exposure to the public and suitability for PV. The Municipality wishes to appoint a suitably qualified consultant to complete the engineering design and tender documentation to appoint a suitable contractor to install the PV systems at the aforementioned buildings and to carry out contract supervision for the construction, installation and commissioning phases of the project. The PV systems are to connect to the building’s distribution system at the nearest or most suitable distribution board or switchboard. The PV system shall be capable of exporting into the Municipal grid should the load of building be less than the power being supplied by the PV system. C3.2

PROJECT BRIEF

C3.2.1 Overview The Consultant will be required to complete the following for the PV systems installed on the buildings mentioned in the previous paragraph: 1) Engineering Design and Construction Tender Preparation: Carry out detailed designs for all PV systems, prepare cost estimates for all systems and prepare tender documentation and technical specifications as specified in Section C3.2.2. 2) Construction and Contract Supervision: Supervise the construction/installation of all PV systems and handle all contractual matters relating to this construction as specified in Section C3.2.3. 3) Commissioning of PV Systems: Test and commission all PV systems as specified in Section Scope of Works

37



C3.2.4. 4) Preparation of Operations and Maintenance Tender: The Consultant will be required to prepare tender documentation and technical specifications for the Operations and Maintenance contract as specificed in Section C3.2.5. 5) Supervision of Operations and Maintenance Contract: Supervise and assist the Employer in managing the operations and maintenance contractor as specified in Section C3.2.6. C3.2.2 Engineering Design and Tender Preparation The extent of this contract shall include any engineering work that is required for a successful installation including reinforcement of the roof structure should it be deemed necessary. The Consultant will be required to complete the detailed designs for each installation. The following will be considered part of this contract and will need to be considered in the design: •

PV modules and PV mounting system

•

Electrical system o Inverters o DC reticulation o AC reticulation reticulation between inverters and building switchboard interconnection with building switchboard and upgrade of switchboard if necessary o Containment and pinning of cables o Electrical protection and safety interlocks

•

Balance of plant o Auxiliary power outlets at inverter station locations for operation and maintenance (laptops & power tools etc.) o Access route lighting o Water reticulation and water access points for module cleaning (only on installations > 10 kW) o Fire protection systems

•

Upgrade and alteration to existing building and roof structure (the roofs selected have been screened for structural suitability, however, it remains the consultants responsibility to ensure that the structure is suitable and safe)

•

Monitoring system o All metering and communications

•

Estimated cost for all work required

The design shall be developed to optimize the overall yield of the system and to minimize overall lifecycle costs. The systems shall be designed for a minimum lifespan of 25 years and all design shall adhere to the relevant quality and technical standards. Financial Modeling The consultant will be required to carry out an annual yield forecast for each installation based on a minimum of ten years of solar irradiation data for Durban. The yield calculation shall factor in losses such as: •

Thermal losses

•

AC and DC cable losses

•

Mismatch losses

•

Shading from surrounding buildings, trees etc.

•

Plant availability

Scope of Works

38


•

Module Degradation

•

Soiling losses


The consultant will be required to use the annual yield forecast in developing the financial model. The financial model is to be detailed and must use the tariff structure imposed on the respective building when calculating financial performance. Design Report Upon completion of the design a design report must be submitted to the Employer, this report shall include all design drawings, specifications and relevant calculations. Tender Preparation The Consultant will be required to prepare the tender document to appoint a contractor for the construction of the design submitted, this will be done with assistance from the Municipality. The tender must comply with the Employer’s Supply Chain Management Procedures and meet the approval of the relevant officials and Bid Specification Committee. The Consultant will be required to assist the Employer with the relevant Supply Chain Management procodures during the entire tendering process. The winning tenderer will not be permitted to be submit a tender for the contrustruction, nor will any company that the tenderer has any interest in. Secondment of Employer Staff In order for the Energy Office to gain experience in designing PV systems and for professional registration purposes, two Energy Office engineers will be seconded to the consultant and will complete the design of one of the smaller plants and contribute to the design of the larger plants. A working space for these staff will need to be provided for two days of the working during the design phase of the project. The Consultant will be required to advise these staff members and review all work carried out by them. These staff members will also be responsible for the construction supervision for the PV system they have designed. The Consultant must also ensure that the seconded staff manage the construction effectively and efficiently. C3.2.3 Construction and Contract Supervision The appointed consultant will be required to manage the contract for the construction and commissioning of the plant as well as the during the two year defects liability period. The consultant is to ensure the following: •

The contractor adheres to the designs and specifications of the construction tender by providing suitably qualified staff to review work carried out and carry out equipment inspections.

•

The contractor complies with all relevant building and occupational health and safety standards.

•

The work is carried out timeously and within project schedule.

This will require the consultant to do the following: •

Check, approve, reject and record: o All electrical and civil workmanship o All system equipment and materials of construction o Methodology, designs and project schedules submitted by the contractor

•

Manage all aspects of the contract such as invoicing, approval of payment certificated, general administration, scheduling, planning etc.

•

Issue instructions to the Contractor and issue variations orders and time extensions after approval from the Employer.

•

Liaise with the Employer and any stakeholders regarding the progress of the project, anticipated

Scope of Works

39



delays and deviations or any operations which will impact the Employer and relevant stakeholders. •

Advise the Employer on any legal action or penalties, if any, that should be bestowed upon the contractor due to non-performance or breach of contract

Reporting and Meetings The Consultant will be required to continually inform the Employer on the progress of works and all budgetary and financial matters regarding the project. The consultant will be required to submit the following: •

Bi-monthly reports which must include: o Measurements on progress of works o Photographs on progress of work o Equipment and materials to be supplied to site, used or stored o Labour force and personnel anticipated on site for forthcoming reporting period o Acceptance of equipment and test structures o Issues arising during reporting period and recommendations to resolve these issues

•

Final report on completion of construction

The consultant will be required to arrange weekly meetings with the Employer and the Contractor to discuss the project and any issues faced.

C3.2.4 System Commissioning Upon completion of each system the Consultant will be required to test all PV systems to ensure they are operating as per the specifications of the tender. Once the a site/system has been commissioned it will be handed over to the Employer, with the Consultant remaining responsible for the operation and maintenance during the defects liability period. “As Built” Drawings The consultant will be responsible for preparing the “As Built” drawings and submitting one a hard copy and one electronic copy of them to the Employer upon completion of the commissioning of each system. C3.2.5 Preparation of Operation and Maintenance Tender The Consultant will be required to assist the Employer in preparing the operations and maintenance tender. The tender must comply with the Employer’s Supply Chain Management Procedures and meet the approval of the relevant officials and Bid Specification Committee. The Consultant will be required to assist the Employer with the relevant Supply Chain Management procodures during the entire tendering process. The winning tenderer will not be permitted to be submit a tender for the operations and maintenance tender, nor will any company that the tenderer has any interest in. C3.2.6 Management and Supervision of Operation and Maintenance Contract The Consultant will be required to supervise the operations and maintenance contract for the duration of the defects liability period. During this period the Consultant is required to: •

Ensure each plant operates optimally and according to specification.

•

Determine reason for poor performance and if equipment is defective and can be replaced using the guarantees provided by the supplier.

Scope of Works

40



•

Oversee and sign off on any work carried out by the O & M contractor.

•

Instruct the O & M contractor where necessary.

•

Assist the contractor in resolving technical issues.

•

Assist in resolving disputes between the O&M contractor, equipment suppliers and the Employer.

•

Manage all aspects of the contract such as invoicing, approval of payment certificated, general administration, scheduling, planning etc..

•

Advise the Employer on any legal action or penalties, if any, that should be bestowed upon the contractor due to non-performance or breach of contract.

•

Setup regular meetings with the O&M contractor and the Employer to discuss any issues and update the Employer on plant performance, budgets and expenditure etc..

C3.3 Project Schedule The milestones and associated timeframes for this project are indicated as below: Milestone Award of consulting tender Detailed design Advertisement of construction tender Award of construction tender

Expected Due Date February 2015 April 2015 June 2015 December 2015

Start of construction Commissioning of PV systems O&M period (defects liability period) Site handover

January 2016 February 2016 March 2016 – March 2018 April 2018

C3.4 Invoicing The Consultant will be paid monthly and will be required to submit a detailed breakdown of the hours spent on the project and any equipment purchases made. Payment may be withheld should work not be completed to satisfaction or invoicing was carried out incorrectly. C3.5 Access to land / buildings / sites Once appointed the Consultant will be given access to all sites provided permission is requested at least one day prior to the visit. The Consultant will also need to notify the Employer if they require access to meter rooms etc., where access is restricted. C3.6 Project Team Requirements All team members shall be suitably qualified to carry out the tasks assigned to them. The project team must consist of a minimum of: • • •

1 x professionally registered (Pr. Eng) Electrical Engineer/Technologist/Technician 1 x professionally registered (Pr. Eng) Civil/Structural Engineer 1 x Certified Energy Manager

The CV’s of the project team shall be included in the returnable schedules along with the signed declaration form attached (see page 25 of Part T.2.2 of this tender)

C3.7 Proposal Requirements The proposal shall be as concise as possible. A title page showing the contract/project name, name of the proposer’s firm, including sub-consultants, local address, and contact details must be included. In order to be considered the proposal must be structured as indicated below: Scope of Works

41


•

•

•

•


Chapter 1: Approach and Methodology: This section should clearly convey the consultant’s understanding of the work required and the general approach to be taken. This should include all tasks/activities required along with an explanation for what work is required to complete these activities and what processes will be followed to achieve environmental authorisation. Chapter 2: Work plan and schedule: This section should include a description of each task/activity of the project will be conducted, identification of deliverables, and schedule. The consultant should include additional details such as study deliverables, expected sequence of tasks and important milestones. The work plan should be in sufficient detail to demonstrate a clear understanding of the project. Chapter 3: Activity schedule: This section should describe the consultant’s approach to management of the work. If the proposal is a team effort, the distribution of work among the team members should be indicated and capture exactly each members role and allocated time. This section should discuss the consultant’s organization of this project, how the work assignments are structured, and staffing. The consultant must describe the role of any sub-contractors, with a description of the sub-contractor’s specific responsibilities. Discuss the firm/team’s approach for completing the services for this project within budget. The proposal should include a staffing plan and an estimate of the total hours, identify the hours required to complete each of the tasks listed above and the total hours of the overall project. Chapter 4: Qualification Criteria: Chapter 4 is a summary of the team member’s and relevant firm’s experience in relation to the relevant qualification criteria (or sub chapter). The information provided in Chapter 4 shall be tabulated, preferably in the format provided below. This format may be deviated from however the information requested below must be included and information provided must be concise and easy to follow. Each sub chapter is to have its own table and only projects relevant to the sub-chapter must be included.

Project Name

Project Description

Employer/Client Details

Company/staff member’s role in the project

Provide a description of the project. If the project was part of a parent project please also include details of the parent project which you feel are relevant.

Name of client/employer, contact person and details of relevant person within this organization.

Describe the specific role of the company or staff member played in the implantation of this project.

Project Duration and Completion Date

Chapter 4 must be broken into the following subchapters in line with the qualification criteria listed in Section T1.2.2, clause F.3.11.9 as follows: o Chapter 4.1: Tenderer’s experience in the design of PV system’s: o Chapter 4.2: Tenderer’s experience in contract management and construction supervision for PV installations • •

Chapter 5: Background of the firm/firms: This section should provide a short description of previous projects that significantly relate to the consultant’s experience for this particular project. Chapter 6: Detailed Pricing Schedule: This shall be a detailed breakdown of the price submitted. Tenderers must include the summary Pricing Schedule in Section C2.2 in this chapter.

Scope of Works

42



Tenderers are free to add chapters and appendices subsequent to Chapter 5 as they see fit. It should be noted that should the adjudication panel determine that work to be carried out outlined in Chapters 1, 2 and 3 of the tenderer’s proposal not meet the project requirements the tender shall be deemed non-responsive.

Scope of Works

43



ANNEXURES

1.

STANDARD CONDITIONS OF TENDER

2.

CIDB STANDARD PROFESSIONAL SERVICES OF CONTRACT

Annexures

44



ANNEXURE 1 : STANDARD CONDITIONS OF TENDER

Annexures



ANNEXURE 2 : CIDB STANDARD PROFESSIONAL SERVICES OF CONTRACT

Annexures