SMALL HARBOURS PROGRAM - Coega€¦ · DOCUMENT TITLE : SMALL HARBOURS PROGRAM ... CDC/740/2016 1...

Contract No

CDC/740/16

27 March 2017

Expression of Interest:

SMALL HARBOURS PROGRAM – CONTRACTORS FOR THE MAINTENANCE OF THE 13

PROCLAIMED FISHING HARBOURS IN THE WESTERN CAPE (Program B)

DOCUMENT INFORMATION SHEET

Title of Document : Small Harbours Program – Contractors for the Maintenance of 13 Proclaimed Fishing Harbours In The Western Cape (Program B)

Type of Document : Expression of Interest

Document Number : CDC/740/16

Prepared by : Luyolo Myamya

Typed by : Luyolo Myamya

Business Unit : NDPW – CAPE TOWN

Prepared for : Coega Development Corporation

Date of Issue : 27 March 2017

Copyright

All rights reserved. No part of this document may be reproduced or distributed in any form or by any means, electronic, mechanical, photocopying or recording

or otherwise, or stored in a database or retrieval system, without the prior written permission of the Coega Development Corporation (Pty) Ltd. ©

Coega Development Corporation NDPW Programme-Cape Town Small Harbours Programme ISO 9001: 2008

Claus7.4 Purchasing Process

This document, and the information or advice which it contains, is provided by the CDC-Small Harbours,

Robben Island and Prestige Programme solely for the use by the Dept. of Public Works and the Coega

Development Corporation (Pty) Ltd and for reliance by its Executive Management and the Board in

performance of that Business Unit’s duties.

DOCUMENT CONTROL SHEET

The purpose of this form is to ensure that documents are reviewed and approved prior to issue. The form is to be bound into the front of all documents released by the CDC.

PROJECT NAME : NDPW CAPE TOWN - SMALL HARBOURS DEVELOPMENT PROGRAMME

DOCUMENT TITLE : SMALL HARBOURS PROGRAM – CONTRACTORS FOR THE MAINTENANCE OF 13 PROCLAIMED FISHING HARBOURS IN THE WESTERN CAPE (Program B)

DOCUMENT No. : CDC/740/16

SIGNING OF THE ORIGINAL DOCUMENT We, the undersigned, accept this document as a stable work product to be placed under formal change control as described by the Change Control Procedure document.

ORIGINAL Prepared by Reviewed by Approved by 27 March 2017

Name: Luyolo Myamya

Name: Liwalethu Mondi

Name: Themba Koza

Signature:

Signature:

Signature:

Distribution: Potential Respondents

REVISION CHART

REVISION 1 Name:

Name:

Name:

Date:

Signature:

Signature:

Signature:

REVISION 2 Name:

Name:

Name:

Date:

Signature: Signature: Signature:

REVISION 3 Name:

Name:

Name:

Date:

Signature: Signature: Signature:

Coega Development Corporation NDPW Programme-Cape Town Small Harbours Programme ISO 9001: 2008

Claus7.4.1 Purchasing Process

CDC/740/2016 i Rev 5. 22/03/2017

TABLE OF CONTENTS

1. BACKGROUND………………………………………………………………………………………...1

2. INVITATION…………………………………………………………………………………………….1-4

3. SCOPE OF WORK………………………………………………………………………………………5

4. SPECIFIC TYPE OF PAST EXPERIENCE SOUGHT…………………………………………......5-6

5. CRITERIA FOR ASSESSMENT……………………………………………………………………...6-7

6. INSTRUCTIONS TO SERVICE PROVIDERS………………………………………………………7-8

7. DISQUALIFICATION…………………………………………………………………………………….8

8. COPYRIGHT……………………………………………………………………………………………...8

9. CONFIDENTIALITY AND MEDIA PROTOCOL………………………………………………………9

10. ANNEXURES……………………………………………………………………………………………..9

A. FORM A3 COMPULSORY DECLARATION OF INTEREST FORM

B. RESPONDENT’S INFORMATION SHEET

C. COMPLETED AND SIGNED CERTIFICATE OF INDEPENDENT BID DETERMINATION (SBD 9

FORM)

D. COMPLETED AND SIGNED DECLARATION OF BIDDER’S PAST SUPPLY CHAIN

E. MANAGEMENT PRACTICES (SBD 8 FORM)

Coega Development Corporation NDPW Programme-Cape Town

Small Harbours Programme ISO 9001: 2008 Claus7.4.1 Purchasing Process

CDC/740/2016 1 Rev 5. 22/03/2017

SMALL HARBOURS DEVELOPMENT PROGRAM – CONTRACTORS FOR

THE MAINTENANCE OF 13 PROCLAIMED FISHING HARBOURS IN THE

WESTERN CAPE (Program B)

Contract No. CDC/740/16

1. BACKGROUND

The Coega Development Corporation (Pty) Ltd (CDC) is assisting National Department of Public Works

(NDPW) with the Implementation of Infrastructure Development & Maintenance of Proclaimed Fishing

Harbours Infrastructure Projects within the Western Cape. The maintenance projects include

refurbishment, renovation, repair and maintenance works of some facilities on harbours and various

State owned facilities. The CDC is contracted to provide all the necessary technical and project support

services required for optimal operations on Proclaimed Fishing Harbours in the Western Cape.

2. INVITATION

The CDC is inviting capable and competent CIDB registered Contractors, preferably from the Western

Cape municipal areas (i.e. Overstrand, Cape Agulhas, Hessequa, Cederberg, Bergriver, Saldanha and

City of Cape Town Local Municipalities) to submit proposals for the provision of Contracting and

Maintenance Services in the Proclaimed Fishing Harbours in the Western Cape. The following

Construction and Engineering disciplines are invited: Electrical, Mechanical, Fire Prevention, Detection

and Fighting, Civil Engineering, General Building, Lifts and Vertical Transport, and Plumbing and

Drainage. It is expected that only individual entities must respond to the Expression of Interest and

regrettably, no Joint Venture/Consortium will be allowed.

Table 1: Required CIDB Grading

Item

CIDB Grade Required

Class of Works Description

A 4 to 9 GB General Building

B 4 to 9 CE Civil Engineering

C 2 to 9 EP Electrical

D 2 to 9 EB Electrical

E 2 to 9 ME Mechanical and HVAC

F 2 to 9 SI Vertical Transport

G 2 to 9 SO Plumbing and Drainage

I 2 to 9 SF Fire Prevention, Detection and Fighting

J 2 to 9 SQ Fencing



CDC/740/2016 2 Rev 5. 22/03/2017

It is envisaged that this Expression of Interest will not have maintenance work for service providers with

CIDB grade 8 and grade 9.

Respondents are required to have relevant aggregate experience in facilities management i.e. General

Building, Civil Engineering, Electrical, Mechanical, HVAC, Vertical Transport, Plumbing and Drainage,

Fire Prevention, Detection and Fighting and Fencing. The project related activities to be executed are

situated at the following Proclaimed Fishing Harbours:

1. Hout Bay Harbour

2. Kalk Bay Harbour

3. Gordons Bay Harbour

4. Hermanus Harbour

5. Saldanha (Pepper Bay ) Harbour

6. Saldanha Bay Harbour

7. St Helena Bay Harbour

8. Laaiplek Harbour

9. Lamberts Bay Harbour

10. Arniston Harbour

11. Gans Bay Harbour

12. Struisbaai Harbour

13. Still Bay Harbour

CONDITIONS

(a) All submissions must be received by the CDC no later than 12H00, Monday, 22 May 2017

(closing time and date) at Coega Development Corporation, CDC’s Cape Town Offices, 11th

Floor, South African Reserve Building, St Georges Mall, Cape Town, Western Cape, 8000;

(b) Preference will be given to respondents who have a registered office in the Western Cape Region;

(c) Preference will be given to respondents who comply with the CDC’s Procurement Policy &

Procedures;

(d) Respondents must submit a valid BBBEE Verification Certificate from SANAS Accredited

Verification Agency or from a Registered Auditor approved by Independent Regulatory Board of

Auditors (IRBA) in order to be eligible for empowerment points. The Qualifying Small Enterprise

(QSE) and Exempted Micro Enterprises (EME) must submit a sworn affidavit confirming the

Company Annual Total Revenue and level of black ownership which must be signed and stamped

by a Commissioner of Oaths.

(e) Respondents must submit their EOI document before the closing date and time and any late

submissions will not be considered;

(f) All submissions and subsequent information received will become the property of the CDC and

will not be returned;



CDC/740/2016 3 Rev 5. 22/03/2017

(g) Failure to complete and submit all mandatory information will result in submissions being deemed

null and void and shall be considered “non-responsive” and therefore not considered;

(h) Telegraphic, telexed, faxed or e-mailed submissions will not be accepted;

(i) One original document shall be placed in sealed envelopes clearly marked. “CDC/740/16 -

EXPRESSION OF INTEREST: Contractors for the Maintenance of Proclaimed Fishing

Harbours in the Western Cape (Program B)”;

(j) Consortium/JV’s will NOT be accepted and considered for evaluation;

(k) Respondents or their representatives (including the courier services) must ensure that they

register their submissions in the Register for Submissions form that will be provided at the

Reception Desk of the CDC, wherein they will indicate the name of the person delivering the

submission, the number of copies submitted, the time and date of submission and attach their

signatures;

(l) All enquiries and submissions regarding this Expression of Interest must be directed in writing

only to: Mr Andile Ntloko: Unit Head Supply Chain Management, Coega Development

Corporation, Corner Alcyon Road & Zibuko Street, Zone 1, Coega IDZ, Port Elizabeth, 6100;

Email: [email protected]

(m) The contact person reflected above shall be the only point of contact for this contract. Failure to

observe this requirement will lead to immediate disqualification of the respondent;

(n) The CDC reserves the right not to accept any submission. If the CDC does not accept any

submission, it will declare this expression of interest process to be closed and may then elect to

negotiate with any party, or to proceed on a completely different basis, or not to proceed with the

services;

(o) Proof of registration with the relevant Professional Bodies must be submitted;

(p) Submission of a proposal and its subsequent receipt by the CDC does not represent a

commitment on the part of the CDC to proceed further with any Respondent or any project;

(q) The Respondent shall treat as confidential all documentation, drawings, reports, etc. which are

provided pursuant to this EOI;

(r) All documents, drawings, reports, etc. prepared by the Respondent pursuant to this EOI shall

become the copyright of the CDC;

(s) The successful contractors would be placed in the CDC’s pool of Contractors for projects in the

Western Cape for Small Harbours Program for a period of two years (2) with an option of

extension for a further twelve months;

(t) No costs incurred by the Respondents in the preparation of their submission will be reimbursed

and

(u) All Respondents will be advised as soon as the successful Respondents have been approved

pertaining to the specific contract.

mailto:[email protected]



CDC/740/2016 4 Rev 5. 22/03/2017

Expression of Interest (EOI) documents can be collected at no cost as from 10h00, Monday, 10 April

2017 at the CDC’s Cape Town Offices, 11th Floor, South African Reserve Building, St Georges

Mall, Cape Town, Western Cape and can also be down loaded from the CDC Website

www.coega.com.

There will be a first and second mandatory briefing meeting which will take place as follows:

Friday, 21 April 2017, at 14H00 at the National Department of Public Works Regional

Offices, 1st Floor, Customs House, Lower Heerengracht, Foreshore, Cape Town, Western

Cape.

Friday, 12 May 2017 at 14H00 at the National Department of Public Works Regional

Offices, 11th Floor Main Conference Room, Customs House, Lower Heerengracht,

Foreshore, Cape Town, Western Cape.

One original of the completed EOI document shall be placed in a sealed envelope clearly marked:

“CDC/740/16 – EXPRESSION OF INTEREST: Contractors for the Maintenance of Proclaimed

Fishing Harbours in the Western Cape (Program B)”. The closing date and time for the receipt of

completed proposals is Monday 22 May 2017, at 12h00, at the reception desk of the CDC’s Cape

Town Offices, 11th Floor, South African Reserve Building, St Georges Mall, Cape Town, Western

Cape. Late proposals will not be considered. The Prospective Bidders are requested to bring proof of

identification (ID, driver’s license or Passport) to gain access to the building.

Failure to provide any mandatory information required in this EOI will result in the submissions being

deemed null and void and shall be considered non-responsive. Respondents must include a valid and

original SARS Tax Compliance Certificate or Confirmation of Tax Compliance Status with SARS

(provide PIN obtained from SARS) in their submissions in order to be considered.

Prospective respondents must register on the National Treasury Central Supplier Database

(CSD) prior to submitting bids as the CDC will not award any bid to respondent(s) not registered

on the CSD.

Telegraphic, telexed, facsimiled or e-mail submissions will not be accepted.

No telephonic or any other form of communication with any other CDC member of staff, other

than the named individual below, relating to this request for bid will be permitted. All enquiries

regarding this bid must be in writing only, and must be directed to:

Mr Andile Ntloko, Unit Head: Supply Chain Management; e-mail: [email protected].

http://www.coega.com/

mailto:[email protected]



CDC/740/2016 5 Rev 5. 22/03/2017

The CDC reserves the right not to accept the lowest proposal in part or in whole or any proposal.

3. SCOPE OF WORK

The scope of work includes the Building, Repairs, Upgrading and Renovations of buildings and

infrastructure in the Western Cape Proclaimed Fishing Harbours. This includes but not limited to

General Building, Civil Engineering, Electrical, Mechanical, HVAC, Vertical Transport, Plumbing and

Drainage, Fire Prevention, Detection and Fighting and Fencing.

4. SPECIFIC TYPE OF PAST EXPERIENCE SOUGHT

The Respondent should have the aggregate experience in operating and maintaining the following

facility functions, but not limited to:

4.1 Mechanical Services

(a) HVAC systems maintenance and repairs;

(b) Plumbing systems maintenance and repairs;

(c) Water Storage systems including storage tanks and boilers;

(d) External Water systems including pumps and filtration; and sewer and water treatment plants.

(e) Vertical transportation and escalators

(f) Steam and water supply pipes.

4.2 Electrical Services

(a) Electrical systems maintenance and repairs

(b) General lighting luminaries, distribution systems and switchgear

(c) Standby/auxiliary electrical power generation

(d) Medium voltage systems including substations, transformers and controlling systems

(e) Emergency lighting luminaries, distribution systems and switchgear

(f) Earthling and bonding systems

(g) External lighting luminaries, distribution systems and switchgear

(h) Security systems

(i) Green Energy

1.3 Fire Protection and life Safety Systems

(a) Fire detection and Fire Alarm Systems

(b) Fire Hydrants and Hose reels

(c) Fire Sprinkler distribution

(d) Fire Extinguishers, systems and Blankets

(e) Fire doors and Signage



CDC/740/2016 6 Rev 5. 22/03/2017

(f) Smoke Extraction systems

(g) Gaseous/Flooded fire protection systems

(h) Access Control

4.4 Building and Structural Elements

(a) Roof and rain water goods

(b) Building super-structure including maintenance

(c) Floors

(d) All finishes (i.e. windows, doors, taps etc.)

(e) Structural repairs

(f) Guard house

4.5 External Services

(a) Soft services i.e. Grounds keeping, cleaning, landscaping etc.

(b) Civil maintenance (Cleaning of drains and blocked pipes, road repairs etc.)

(c) Minor repainting internally and externally

(d) Water supply and distribution systems

(e) Sanitation and distribution systems

(f) Services pumps and motors

(g) Power supply services

5. CRITERIA FOR ASSESSMENT

5.1 Technical Assessment

(a) Each contractor would be ranked according to their BBBEE status in the pool of Preferred

contractors.

(b) Each entity must submit an EOI for the CIDB grade they are registered for and in the area

they operate at.

(c) The Preferred contractors in each area will be used on competitive basis wherein selected number of contractors would be invited to tender for work in their area.

5.2 Responsiveness Assessment

The following criteria will be used in assessing the responsiveness of the EOI:-

Table 2: Mandatory Requirements Submitted

NO. DESCRIPTION YES NO

1

Valid Tax Clearance Certificate; or Confirmation of Tax Compliance

Status with SARS (Please provide personal identification number (pin)

obtained from SARS.

2 Completed and signed Declaration of Interest Register (Annexure A)



CDC/740/2016 7 Rev 5. 22/03/2017

Failu

re to

provide and complete all mandatory information will result in submissions being deemed null

and void and shall be considered “non – responsive” and therefore they will not be considered.

5.3 Additional Information Required

The following additional information is required for the assessment of EOI:

(a) Respondents must submit a valid BBBEE Verification Certificate from SANAS Accredited

Verification Agency or from a Registered Auditor approved by Independent Regulatory

Board of Auditors (IRBA) in order to be eligible for empowerment points. The Qualifying

Small Enterprise (QSE) and Exempted Micro Enterprises (EME) must submit a sworn

affidavit confirming the Company Annual Total Revenue and level of black ownership which

must be signed and stamped by a Commissioner of Oaths. Proof of physical address in the

Western Cape e.g. Municipal Account, Lease Agreement etc. and;

(b) Proof of Registration with the Companies and Intellectual Property Commission (CIPC);

(c) Company Profile with full service descriptions, current and previous projects, organogram

indicating shareholders and percentage black/white ownership, locality of offices.

6. INSTRUCTIONS TO SERVICE PROVIDERS

Terms and Conditions

(a) Contractors MUST note that each entity / professional discipline must submit its EOI

SEPARATELY and not as a Consortium/JV. EOI that are submitted as a consortium/JV will not be

3 Signed Attendance Register for attending mandatory briefing meeting

4 Completed and signed declaration of respondent’s past supply chain

management practices (SBD 8 Form – Annexure D)

5 Completed and signed Certificate of Independent Bid Determination

(SBD 9 Form – Annexure C)

6 Proof of valid , active & relevant CIDB registration for grades as per

table 1 on the advert;

7

Respondents must provide a full list of at least three contactable

references for projects that have been executed within the past 5

years. The list must reflect the Name of project, Nature of work carried

out; Location, Amount, Start and end date, Client Details;

8

Proof of Registration with the Treasury’s Centralised Suppliers

Database i.e. CSD Registration Number MUST be provided, a

registration report which reflects the registration number is needed for

verification.



CDC/740/2016 8 Rev 5. 22/03/2017

accepted and therefore will be deemed non-responsive.

(b) Any EOI received after the closing time will not be considered. The CDC reserves, under

exceptional circumstances, the right to extend the closing date. All EOI’s and all subsequent

information received from Respondents will become the property of the CDC and will not be

returned.

(c) The CDC reserves the right not to accept any EOI.

(d) Submission of a bid by a Respondent, and all the subsequent opening and adjudication process,

does not represent a commitment on the part of the CDC to proceed further with that or with any

Service Provider.

(e) The CDC will not accept any responsibility for costs incurred by Service Providers in preparing

and submitting EOI’s.

(f) The CDC reserves the right:-

i. Not to appoint some or all in the event it deems EOI’s not appropriate;

ii. Appoint more than one entity in the event that it deems it appropriate; and

iii. To engage in processes to validate all claims made in the EOI.

(g) The respondent shall comply fully with the Requirements of this EOI but may propose

modifications and/or alternatives, which either enhance the process from a technical, financial or

programme/schedule perspective. Any particular experience and expertise that a respondent

offers which will enhance the process will be given due consideration in the evaluation of the EOI.

(h) The respondent shall treat as confidential all documentation, reports and drawings that are

prepared pursuant to this EOI. If any outside party should request information, the respondent

shall report the request in writing to the CDC.

7. DISQUALIFICATION

The following criteria will be used to determine whether a Service Provider shall be disqualified:-

(a) Respondents that sought to influence the adjudication process;

(b) Collusion among respondents;

(c) Misrepresentation of information;

(d) Any service provider or its principals (or both) who have engaged in corrupt and fraudulent

practices, not only with the CDC but anywhere else;

(e) Respondent who has a pending liquidation, bankrupt/insolvent (actually or commercially);

(f) Poor past performance (the focus is on gross poor performance and a clear trend of poor

performance needs to be established).



CDC/740/2016 9 Rev 5. 22/03/2017

8. COPYRIGHT

Copyright of this Document is vested in the CDC. It cannot be copied, in whole or in part, in any form or

in any format without the prior written consent of the CDC.

9. CONFIDENTIALITY AND MEDIA PROTOCOL

Any information relating to the submissions, through the process or otherwise shall be treated in strict

confidence. The CDC reserves the right to announce the names of successful Service Providers in the

media.

In submitting the EOI, Contractors shall not be entitled to any information disclosed by another applicant

to the CDC, which the CDC has determined to be confidential. The content and details of the evaluation

of submissions will remain confidential to the CDC.

10. ANNEXURES

A. Form A3 Compulsory Declaration of Interest

B. Respondent’s Information Sheet

C. Completed and signed Certificate of Independent Bid Determination (SBD 9 FORM)

D. Completed and Signed Declaration of Bidder’s Past Supply Chain Management Practices (SBD 8

FORM)

E. Goal declaration form

Note: Annexures A to E, are returnable documents.

ANNEXURE A

FORM A3: COMPULSORY DECLARATION OF INTEREST FORM

The following particulars must be furnished. In the case of a joint venture, separate enterprise questionnaires in respect of each partner must be completed and submitted.

Section 1: Name of enterprise: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 2: VAT registration number, if any: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 3: CIDB registration number, if any: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 4: Particulars of sole proprietors and partners in partnerships

Name* Identity number* Personal income tax number*

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

Section 5: Particulars of companies and close corporations

Company registration number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Close corporation number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Tax reference number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 6: Record of association with CDC member of Staff/Board

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 has an association with a CDC member of staff or member of Board, a relative of a CDC member of staff or member of Board: An Association is defined as: a business or personal relationship between a group of people or organizations joined together for

a purpose. If any of the above boxes are marked, disclose the following:

Name of sole proprietor,

partner, director, manager,

principal shareholder or

stakeholder

Name of the CDC member of staff or

Board

Type of relationship

(tick appropriate column)

Family Friend

*insert separate page if necessary

ANNEXURE A

FORM A3: COMPULSORY DECLARATION OF INTEREST FORM

(continued)

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

i) confirms that the neither the name of the enterprise or the name of any partner, manager, director or other

person, who wholly or partly exercises, 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;

ii) confirms that no partner, member, director or other person, who wholly or partly exercises, or may exercise,

control over the enterprise, has within the last five years been convicted of fraud or corruption;

iii) 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 tenderers or those responsible for compiling the scope of

work that could cause or be interpreted as a conflict of interest; and

iv) 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

Date

Name

Position

Enterprise

name

ANNEXURE B

RESPONDENT’S INFORMATION SHEET

This form MUST be filled in by all respondents to this EOI and included as the third page of the Proposal

after the cover page.

Contract No. CDC/740/16

Description of Contract SMALL HARBOURS PROGRAM – CONTRACTORS FOR THE MAINTENANCE OF PROCLAIMED FISHING HARBOURS IN THE WESTERN CAPE

Name of Organisation / Joint Venture / Consortium

Physical Address

Postal Address

Contact Name

Email Address

Telephone Number

Fax Number

Cell Number

ANNEXURE C SBD 9

CERTIFICATE OF INDEPENDENT BID DETERMINATION

1 This Standard Bidding Document (SBD) must form part of all bids¹ invited.

2 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.

3 Treasury Regulation 16A9 prescribes that accounting officers and accounting authorities must

take all reasonable steps to prevent abuse of the supply chain management system and

authorizes accounting officers and accounting authorities to:

a. disregard the bid of any bidder if that bidder, or any of its directors have abused the

institution’s supply chain management system and or committed fraud or any other

improper conduct in relation to such system.

b. cancel a contract awarded to a supplier of goods and services if the supplier

committed any corrupt or fraudulent act during the bidding process or the execution of

that contract.

4 This SBD 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.

5 In order to give effect to the above, the attached Certificate of Bid Determination (SBD 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.

SBD 9

CERTIFICATE OF INDEPENDENT BID DETERMINATION

I, the undersigned, in submitting the accompanying bid:

________________________________________________________________________

(Bid Number and Description)

in response to the invitation for the bid made by:

___________________________________________________________________________

___

(Name of Institution)

do hereby make the following statements that I certify to be true and complete in every respect:

I certify, on behalf of:_______________________________________________________that:

(Name of Respondent)

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

bidder to determine the terms of, and to sign the bid, on behalf of the bidder;

5. 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) has been requested to submit a bid in response to this bid invitation;

(b) could potentially submit a bid in response to this bid invitation, based on their

qualifications, abilities or experience; and

(c) provides the same goods and services as the bidder and/or is in the same

line of business as the bidder

SBD 9

6. 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.

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) prices;

(b) geographical area where product or service will be rendered (market

allocation)

(c) methods, factors or formulas used to calculate prices;

(d) the intention or decision to submit or not to submit, a bid;

(e) the submission of a bid which does not meet the specifications and

conditions of the bid; or

(f) 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.

………………………………………………… ………………………………… Signature Date …………………………………………………. ………………………………… Position Name of Respondent

³ 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.

Js914w 2

ANNEXURE D

DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES (SBD 8)

1 This Standard Bidding Document must form part of all bids invited.

2 It serves as a declaration to be used by institutions 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.

3 The bid of any bidder may be disregarded if that bidder or any of its directors have:

a. abused the institution’s supply chain management system;

b. committed fraud or any other improper conduct in relation to such system; or

c. failed to perform on any previous contract.

4 In order to give effect to the above, the following questionnaire must be completed and

submitted with the bid.

Item Question Yes No

4.1 Is the bidder or any of its directors listed on the National

Treasury’s database as companies or persons prohibited from

doing business with the public sector?

(Companies or persons who are listed on its database were

informed in writing of its restriction by National Treasury

after the audialterampartem rule applied).

Yes

No

4.1.1 If so, furnish particulars:

4.2 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)?

To access the Register enter the National Treasury’s

website, www.treasury.gov.za, click on the icon “Register for

Tender Defaulters” or submit your written request for a hard

copy of the Register to facsimile number (012) 3265445

Yes


4.3 Was the bidder or any of its directors convicted by a court of law

(including a court outside of the Republic of South Africa) for

fraud or corruption during the past five years?

Yes


4.4 Was any contract between the bidder and any organ of state

terminated during the past five years on account of failure to

perform on or comply with contract?

Yes


CERTIFICATION

I, THE UNDERSIGNED (FULL NAME)…………………………………………………………………..…….

CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM IS 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.

Signature

Date

Position

Name of Bidder

http://www.treasury.gov.za/

TGP Specification Page ii of 1417/01/2013

ANNEXURE E

EMPOWERMENT GOAL DECLARATION FORM – CONSULTANTS

The Tenderer is encouraged to target works that can be performed by Black Ownership, Black Women Ownership, Youth, Disabled and Local enterprises as a consultant. These targets must be based on the value of work to be performed and be calculated in relation to every entity involved in the project. N.B. Management staff from other areas for the duration of the project will not qualify as local. Plant and

equipment brought from other areas will not qualify as local. Material and plant sourced from local suppliers or agencies will qualify as local. A supplier that has been established locally by a Tenderer solely for the purpose of servicing the project will not qualify. The Tenderer is also encouraged to target a minimum of 35 % SMME/EME participation of the tender value excluding escalation, contingency and VAT. This percentage may include work that is already packaged in the tender but the Tenderer may identify other works that can be executed using SMME’s/EME’s.

CONTRACT NUMBER :

CONTRACT DESCRIPTION :

PROJECT MANAGER :

TENDERER/S NAME :

I / We tender the following targets of:

Preference Points Elements % Empowerment Ownership

Black Ownership Status

Black Women Ownership

Youth

Disabled

Local (EC)

Please attach the company registration documents from Companies and Intellectual Property

Registration Office (CIPC) and certified copies of Identity Documents of owners of all the companies

that would be participating in this project (CDC will verify the information submitted). Failure to

provide this information may lead to your company/JV being granted a zero score on preference

points.

TGP Specification Page iii of 1417/01/2013

I / We undertake to promptly respond to points of clarification regarding my / our Goals, failing which

I / we understand that my / our Tender may forfeit points on the grounds of being incomplete.

Duly authorised to sign on behalf of :

Name

:

Signature :

Date :

SMALL HARBOURS PROGRAM - Coega€¦ · DOCUMENT TITLE : SMALL HARBOURS PROGRAM ... CDC/740/2016 1...

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