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` CONTRACT NO. ORTDM SCMU 21 – 17 /18 KSD RENDERING OF SECURITY SERVICES Name of Tenderer : .............................................................................. .................. Telephone no .............................. Fax no: ............................... 1

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Page 1: Cover - Welcome to e Web viewThe OR Tambo District Municipality invites experienced Service Providers for the provision of Security Services for a period of two (02) years starting

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CONTRACT NO. ORTDM SCMU 21 – 17 /18 KSD RENDERING OF SECURITY SERVICES

Name of Tenderer : ................................................................................................

Telephone no ..............................

Fax no: ...............................

Employer:

O.R.Tambo District Municipality O.R.Tambo HouseNelson Mandela Drive,Myezo ParkMthatha5100

1

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Summary for tender opening purposes only(To be completed by Tenderer)

Name of Tenderer ................................................................................................

Tender Price (including VAT)...............................................................................................

Quality Criteria Number of quality points claimed by tenderer (Schedule T2.2 C) …………..

Preferential Procurement Number of preference points claimed by tenderer (Schedule C1.2.2) …………..

Time for completion (days)……………………….(To be stated only if required in terms of Contract Data to be provided by Service Provider)

Alterations by TendererHave any alterations been made (Schedule C1.2.3)? Yes/No*Has an alternative offer been submitted (Schedule T2.2.1)? Yes/No*

In the event of any conflict between the data given above and the data given in the Form of Offer and Acceptance and other relevant portions of the tender document, the data given in the Form of Offer and Acceptance and other relevant portions of the tender document shall apply.

*Delete whichever is not applicable

Public disclosure page

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`This page is not part of the tender document

Public disclosure page

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TABLE OF CONTENTSColour

Tender Volume Part T1: Tendering proceduresT1.1 Tender notice and invitation to tender………………………………………………… WhiteT1.2 Tender data ……………………………………………………………………………… Pink

T1.2.1 Conditions of tender ………………………………………………………… PinkStandard conditions of tender ………………………………………… PinkAmendments to standard conditions of tender ……………………... Pink

T1.2.2 Tender data referenced by conditions of tender…………………………. Pink

Tender Volume Part T2: Returnable documentsT2.1 List of returnable documents………………………………………………………….. Yellow

Returnable Schedules required for tender evaluation purposesT2.2 A Certificate for Authority of Signatory……………………………………… YellowT2.2 B Certificate of Attendance at Clarification Meeting……………………….. YellowT2.2 C Declaration claiming Quality Points entitlement…………………………. YellowT2.2 D Declaration of Tax compliance…………………………………………….. YellowT2.2 E Experience of the tenderer. ………………………………………………. YellowT2.2 F Compulsory Enterprise Questionaire……………………………………… Yellow

Contract Volume Part C1: Agreement and Contract DataC1.1 Form of offer and acceptance…………………………………………………………... YellowC1.2 Contract Data …………………………………………………………………………….. Yellow

C1.2.1 Conditions of Contract ……………………………………………………….. YellowC1.2.1.1 Standard Conditions of Contract………………………………… YellowC1.2.1.2 Special conditions of Contract…………………………………… Yellow

C1.2.2 Part 1: Data provided by the Employer…………………………………….. YellowC1.2.3 Part 2: Data provided by the Service Provider…………………………….. Yellow

C1.2.3.1 Record of Addenda to Tender Documents…………………….. YellowC1.2.3.2 Declaration claiming preference points entitlement…………… YellowC1.2.3.3 Alterations by tenderer…………………………………………… Yellow

Contract Volume Part C2: Pricing DataC2.1 Pricing instructions……………………………………………………………………….. YellowC2.2 Bill of quantities…………………………………………………………………………… Yellow

Contract Volume Part C3: Scope of workC3 Scope of work………………………………………………………………………………. Blue

Table of contents

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Tender Volume Part T1: Tendering procedures

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`T1.1 Tender Notice and Invitation to Tender

CONTRACT NO. ORTDM SCMU 21-17/18

RENDERING OF SECURITY SERVICES: KSD

The OR Tambo District Municipality invites experienced Service Providers for the provision of Security Services for a period of two (02) years starting from 01st December 2017 to 30th November 2019.

A compulsory site briefing will be held at O.R. Tambo Offices (Mayor’s Boardroom, Myezo Building, Nelson Mandela Drive) at 10:00 AM on the 28 September 2017. Bid documents will be available from the 27th September 2017 on the e- Tender website or and may be collected between 08h00 to 16h00 and non refundable cost of R500.00 from O.R. Tambo Water and Sanitation Revenue Offices at Sutherland Street (next to Shell Garage & City Center Complex)

Failure to submit the following documents will render your bid disqualified:

Original Valid Tax Clearance Certificate or a Confirmation of Tax Validity with the pin issued by SARS.

Certified Copies of Original Company registration documents or CC Documents

Certified copies of Original identity documents of members or smart ID’s

Certified copy of registration certificate with the Security Officers Board. Proof of registration with the Department of Labour. Proof of office with control room and communication equipment. Proof of fire-arms possessed by the company Proof of registration with CSD JV agreement Company Profile clearly elaborative of previous experience in the provision of the service with contactable

references.

N. B. All tender documents must be accompanied by the above documents for each project

O. R. Tambo District Municipality’s Supply Chain Management Policy and the Preferential Procurement Policy Framework Act (PPPFA) No 5 of

2000 principles will apply whereby a bidder’s submission will be evaluated according to the sum of the awards points in respect of the bid value

and the status of the enterprise

Bids will be evaluated on the 80/20 basis and points will be allocated as follows: 80 points for price and, 20 points for equity. B-BBEE points.

The maximum score for functionality shall be 100, distributed as follows:

STAGE 1: FUNCTIONALITY/QUALITY EVALUATIONITEM WEIGHTFunctionality (see detailed criteria below) 100

Experience on Similar Projects 40 Experience of Key Personnel assigned to the Project 30 Methodology 15 Availability of Key Machinery and Equipment 15

Only Bidders who scored 60 points or more on stage 1 would be evaluated further and therefore

eligible for the award.Completed tenders in black ink and clearly marked as follows:

1. “ORTDM SCMU 21-17/18 Security Services: KSD Local Municipality

must be placed in the tender box, Second(2nd) Floor, OR Tambo District Municipality Building, Nelson Mandela Drive, OR Tambo House, Myezo, Mthatha, Eastern Cape, not later than 12H00 on Friday 13 October 2017 at which hour and date proposals will be open in public. All inquiries should be addressed to: Miss V. Nombita @ 047 501 6400.

Tenders will be evaluated in terms of the Supply Chain Management policy of the O. R. Tambo District Municipality and the lowest tender will not necessarily be accepted and the right to accept the whole or part of any tender or not to consider any tender not suitably endorsed is fully reserved by the O. R. Tambo District Municipality. A 80/20 point system shall apply where 80 points is for the price and 20 points is in terms of B-BBEE status level of contributor as follows:

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B-BBEE status level of contributor

Number of points

1 202 183 144 125 86 67 48 2

Non-compliant contributor 0

Joint Ventures will qualify for points for their BBBEE status level as an unincorporated entity, provided that the entity submits their consolidated B-BBEE scorecard as if they were a group structure and that such BBBEE scorecard is prepared for every separate tender.

Telegraphic, telephonic, telefax, facsimile, email and late tenders will not be accepted. NB: The Municipality reserves the right not to appoint and is not compelled to take the lowest and can withdraw the tender at any time.

Mr. O.N. HlazoMunicipal Manager

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` O. R. TAMBO DISTRICT MUNICIPALITY

PROJECT NO: ORTDM SCMU 21-17/18 KSD

RENDERING OF SECURITY SERVICES

T1.2 TENDER DATA

The conditions of tender are the Standard Conditions of Tender as contained in Annexure F of the 30 January 2009 edition of the CIDB Standard for Uniformity in Construction Procurement. The Standard Conditions of Tender Procurements make several references to the Tender Data for details that apply specifically to the Tender. The Tender Data shall have precedence in the interpretation of any ambiguity or inconsistency between it and the standard conditions of Tender. Each item of data given below is cross-referenced to the clause in the Standard Conditions of Tender to which it mainly applies.Please note that the word “Client” is used in this document and referred to as “Employer” in the Standard Conditions of Tender document.ClauseNumber

F.1 GeneralF.1.1 The Client is:

O. R. Tambo District MunicipalityPrivate Bag x 6043Mthatha5100

F.1.2 The Tender documents issued by the Client comprise:TenderT1.1 Tender Notice and invitation to tenderT1.2 Tender DataT2.1 List of Returnable DocumentsT2.2 Returnable Documents for tender evaluation purposesT2.3 Returnable Documents to be incorporated into the contractContractPart 1 : Agreements and Contract dataC1.1 Forms of Offer and AcceptanceC1.2 Contract DataC1.3 Occupational health and safety specificationC1.4 O.R. Tambo District Municipality’s Health and Safety SpecificationPart 2 : Pricing DataC2.1 Pricing InstructionsC2.2 Bill of QuantitiesPart 3 : Scope of WorkC3.1 Description of the WorksC3.2 Applicable Standardised SpecificationsC3.3 Variations and Additions to the Standardised and Particular SpecificationsC3.5 Particular Specification Health and SafetyPart 4: Site Information

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`C4 Site information

F1.3 InterpretationThe tender data and additional requirements contained in the tender schedules that are included in the returnable documents are deemed to be part of these tender conditions.

F.1.4 Communication:Communication with all stakeholders shall be through the O. R. Tambo Municipality’s District Engineer. Communications shall be in the English language. The Employer shall not take any responsibility for non-receipt of communications from or by a tendererContact person: Ms. V. NombitaTel: 047 501 6400

F.1.5 The employer’s right to accept or reject any tender offerF.1.5.

1Reject or acceptThe employer may accept or reject any variation, deviation, tender offer, or alternative tender offer, and may cancel the tender process and reject all tender offers at any time before the formation of a contract. The employer shall not accept or incur any liability to a tenderer for such a cancellation and rejection, but will give written reasons for such action upon written request to do so.

F.1.6 Procurement proceduresF.1.6.

1a contract will, subject to F.3.13, be concluded with the tenderer who in terms of F.3.11 is the highest ranked or the tenderer scoring the highest number of tender evaluation points, as relevant, based on the tender submissions that are received at the closing time for tenders.

F.2 Tenderer’s obligationsF.2.1.

1EligibilityOnly those tenders who are registered with Psira and have in their employ management and supervisory staff satisfying the requirement of the scope of work for labour intensive competencies for supervisory and management staff are eligible to submit tenders.

F.2.1.2

CIDB GradingNo CIDB grading is required.The required certificate is PSIRA registration certificate

F.2.2 Cost of tenderingAccept that the Employer will not compensate the tenderers for any costs incurred in the preparation and submission of a tender offer, including the costs of any testing necessary to demonstrate that aspects of the offer satisfy requirements.

F.2.3 Check documentsCheck the tender documents on receipt for completeness and notify the employer of any discrepancy or omission.

F.2.4 Confidentiality and copyrightTreat as confidential all matters arising in connection with the tender. Use and copy the documents issued by the employer only for the purpose of preparing and submitting a tender offer in response to the invitation.

F.2.5 Reference documentsObtain, as necessary for submitting a tender offer, copies of the latest versions of standards, specifications, conditions of contract and other publications, which are not attached but which are incorporated into the tender documents by reference.

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`F2.6 Acknowledge Addenda

Acknowledge receipt of addenda to the tender documents, which the employer may issue, and if necessary apply for an extension of the closing time stated in the tender data, in order to take the addenda into account.

F.2.7 The arrangements for a compulsory clarification meeting are:Date: Thursday, 28 September 2017

Starting time: 10h00

Location: O.R.Tambo ,Magwa House,Nelson Mandela Drive5099

F.2.8 Seek clarificationRequest clarification of the tender documents, if necessary, by notifying the employer at least five working days before the closing time stated in the tender data.

F2.10 Pricing the tenderF.2.10

.1Include in the rates, prices, and the tendered total of the prices (if any) all duties, taxes (except Value Added Tax (VAT), and other levies payable by the successful tenderer, such duties, taxes and levies being those applicable 14 days before the closing time stated in the tender data.

F.2.10.2

Show VAT payable by the employer separately as an addition to the tendered total of the prices.

F.2.10.3

Provide rates and prices that are fixed for the duration of the Contract, and not subject to adjustment except as provided for in the conditions of contract identified in the contract data.

F.2.10.4

State the rates and prices in South African Rand

F2.11 Alterations to documentsNot make any alterations or additions to the tender documents, except to comply with instructions issued by the employer, or necessary to correct errors made by the tenderer. All signatories to the tender offer shall initial all such alterations. Erasures and the use of masking fluid are prohibited.

F.2.12 Alternative tender offersAlternative offers may be submitted only if a main tender offer, strictly in accordance with all the requirements of the tender documents, is also submitted. The alternative tender offer is to be submitted with the main tender offer together with a schedule that compares the requirements of the tender documents with the alternative requirements the tenderer proposes.

F.2.13.5

The Client’s address for delivery of Tender offers and identification details to be shown on each Tender offer package are:Location of Tender box: Tender Box, Second Floor, O. R. Tambo District Municipality Building, Nelson Mandela Drive, Myezo Park, Mthatha, Eastern Cape.Physical address: O. R. Tambo House, Nelson Mandela Drive, Mthatha

F.2.14 Information and data to be completed in all respectsAccept that tender offers, which do not provide all the data or information requested completely and in the form required, may be regarded by the employer as non-responsive.

F.2.15 Closing timeThe closing times for submission of Tenders are 12H00 on Friday, 13 October 2017.

F.2.15 Telephonic, telegraphic, telex, facsimile or e-mailed Bid offers will not be accepted.

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`F.2.16 Tender offer validity

The Tender offer validity period is 90 Days as stated in the tender data.F.2.17 Clarification of tender offer after submission

The tenderer shall provide clarification of a tender offer in response to a request to do so from the employer during the evaluation of tender offers. This may include providing a breakdown of rates or prices and correction of arithmetical errors by the adjustment of certain rates or item prices (or both). No change in the competitive position of tenderers or substance of the tender offer is sought, offered, or permitted.

F.2.18 Provide other materialThe tenderer shall, when requested by the Employer to do so, Provide, on request by the employer, any other material that has a bearing on the tender offer, the tenderer’s commercial position (including notarized joint venture agreements), preferencing arrangements, or samples of materials, considered necessary by the employer for the purpose of a full and fair risk assessment.Should the tenderer not provide the material, or a satisfactory reason as to why it cannot be provided, by the time for submission stated in the employer’s request, the employer may regard the tender offer as non-responsive.

F2.20 Submit securities, bonds, policiesSubmit to the employer before formation of the contract, certificates of insurance required in terms of the conditions of contract identified in the contract data.

F.2.23 The tenderer is required to submit with his tender: Original Valid Tax Clearance Certificate or a Confirmation of Tax Validity with the pin issued by SARS.

Certified Copies of Original Company registration documents or CC Documents

Certified copies of Original identity documents of members or smart ID’s

Certified copy of registration certificate with the Security Officers Board. Proof of registration with the Department of Labour. Proof of office with control room and communication equipment. Proof of fire-arms possessed by the company Proof of registration with CSD JV agreement Company Profile clearly elaborative of previous experience in the provision of the service with

contactable references.

B-BBEE certificate.

F.3 The employer’s undertakingsF.3.1 Respond to requests from the tendererF.3.1.

1Respond to a request for clarification received up to five working days before the tender closing time stated in the Tender Data and notify all tenderers who drew procurement documents.

F.3.2 Issue AddendaIf necessary, issue addenda that may amend or amplify the tender documents to each tenderer during the period from the date that tender documents are available until seven days before the tender closing time stated in the Tender Data. If, as a result a tenderer applies for an extension to the closing time stated in the Tender Data, the Employer may grant such extension and, shall then notify all tenderers who drew documents.

F.3.4 Opening of tender submissionsF.3.4.

1The employer shall open valid tender submissions in the presence of tenderers’ agents who choose to attend at the time and place stated in the tender data. Tender submissions for which acceptable reasons for withdrawal have been submitted will not be opened.

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`F.3.4.

2Announce at the meeting held immediately after the opening of tender submissions, at a venue indicated in the tender data, the name of each tenderer whose tender offer is opened and, where applicable, the total of his prices, preferences claimed and time for completion for the main tender offer only.

F.3.4.3

The client shall not be obliged to make available the record outlined in F.3.4.2 to any tenderer who fail to attend the tender opening.

F.3.6 Non-disclosureThe client shall not disclose to tenderers, or to any other person not officially concerned with such processes, information relating to the evaluation and comparison of tender offers, the final evaluation price and recommendations for the award of a contract, until after the award of the contract to the successful tenderer.

F.3.7 Grounds for rejection and disqualificationDetermine whether there has been any effort by a tenderer to influence the processing of tender offers and instantly disqualify a tenderer (and his tender offer) if it is established that he engaged in corrupt or fraudulent practices.

F3.9 Arithmetical errors, omissions and discrepanciesF.3.9.

1Check responsive tenders for discrepancies between amounts in words and amounts in figures. Where there is a discrepancy between the amounts in figures and the amount in words, the amount in words shall govern.

F.3.9.2

Check the highest ranked tender or tenderer with the highest number of tender evaluation points after the evaluation of tender offers in accordance with F.3.11 for:a) the gross misplacement of the decimal point in any unit rate;b) omissions made in completing the pricing schedule or bills of quantities; orc) arithmetic errors in:

i) line item totals resulting from the product of a unit rate and a quantity in bills of quantities or schedules of prices; orii) The summation of the prices.

F.3.9.3

Notify the tenderer of all errors or omissions that are identified in the tender offer and invite the tenderer to either confirm the tender offer as tendered or accept the corrected total of prices.

F.3.9.4

Where the tenderer elects to confirm the tender offer as tendered, correct the errors as follows:a) If bills of quantities or pricing schedules apply and there is an error in the line item total resulting from the product of the unit rate and the quantity, the line item total shall govern and the rate shall be corrected. Where there is an obviously gross misplacement of the decimal point in the unit rate, the line item total as quoted shall govern, and the unit rate shall be corrected.b) Where there is an error in the total of the prices either as a result of other corrections required by this checking process or in the tenderer’s addition of prices, the total of the prices shall govern and the tenderer will be asked to revise selected item prices (and their rates if bills of quantities apply) to achieve the tendered total of the prices.

F.3.10 Clarification of a tender offerObtain clarification from a tenderer on any matter that could give rise to ambiguity in a contract arising from the tender offer.

F3.11 Evaluation of tender offers

Replace the contents of the entire sub-clause with the following:

The procedure for evaluation of responsive tender offers will be method 2 of table F.1 of SANS 294: 2004. Financial offer & Preferences. The bid will be awarded to the bidder who has scored the highest points for price and preferences combined BUT the prerequisite will be to obtain at least 60 points for quality (functionality), which will be explained in Stage 1 below.

Nevertheless, O. R. Tambo District Municipality retains the right to accept any bid.

C. First stage in evaluation: Compliance with Bid Rules and other Requirements

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`The bids will be checked to ensure that they comply with the bid rules and all other requirements of the project document. In particular the following documentation must be completed and/or included within the bid.

The form of Offer and acceptance Audited financial statements for any tender price over R10million if the law

requires or signed by the Accountant with a practise number. Certified company registration documents and ID of members Form C: Compulsory Enterprise Questionnaire Form D: Certificate of Authority for Signature Form E: Amendments, Qualifications and Alternatives Form H: Certificate of Good Standing Form I: Relevant experience Form J: Details of key staff and CVs Form M: Preference Points Claim Form in Terms of the Preferential Procurement

Regulations 2011

Note: All information supporting the above forms such as Curricula Vitae of staff

who will work on the project and their functions, details of ownership, relevant experience etc.

Addenda issued during the bid period, if any. The pricing schedule

Failure to supply the required information will compromise the bid

D. Second Stage in Evaluation: Quality / Functionality

Only bidders who score 60 points or more on stage 1 will be evaluated further and therefore eligible for award.

The maximum score for functionality shall be 100, distributed as follows:STAGE 1: FUNCTIONALITY/QUALITY EVALUATIONITEM WEIGHTFunctionality (see detailed criteria below) 100

Experience on Similar Projects 40 Experience of Key Personnel assigned to the Project 30 Methodology 15 Availability of Key Machinery and Equipment 15

Tender functionality / quality claimedCategory of Quality / Functionality Maximum

tender evaluation

points provided

B1.1Experience on similar projects 40

Tenderer is required to provide details of five (5) previously undertaken work related to guarding services of a minimum of 10 million. Copies of letter confirming services MUST be submitted with the bid. No points will be awarded where letter confirming services have not been submitted with the Bid.

40

Tenderer is required to provide details of Three (3) 20

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`previously undertaken works related to guarding services of a minimum of 10 million. Copies of letter confirming services MUST be submitted with the bid. No points will be awarded where letter confirming services have not been submitted with the Bid.Tenderer is required to provide details of one (1) previously undertaken work related to guarding services of a minimum of 10 million. Copies of letter confirming services MUST be submitted with the bid. No points will be awarded where letter confirming services have not been submitted with the Bid.

10

B1.2 Experience of key personnel (NB no key personnel member may be assigned more than one duty on the Contract, i.e. different personnel must be assigned for each of the following key positions)

30

Tenderer must have a Minimum of 5 years’ experience as registered security service provider, Company PSIRA certificate, Company Director: Grade A security officer, Supervisor; A minimum of grade D all guards registered SOB.

30

Tenderer must have a Minimum of 5 years’ experience as registered security service provider, Company PSIRA certificate, Company Director: Grade A security officer, Supervisor; A minimum of grade D all guards registered SOB.

20

Tenderer must have a Minimum of 2 years’ experience as registered security service provider, Company PSIRA certificate, Company Director: Grade A security officer, Supervisor; A minimum of grade D all guards registered SOB.

10

B1.3 Methodology 15Presentative method approach in guarding services, in supervising security personnel and risk management strategy.

15

Presentative method approach in guarding services, in supervising security personnel

10

Presentative method approach in guarding services or supervising security personnel

5

B1.4 Availability of key machinery and equipment 15Bidder must own firearms, own at least three vehicles and own two-way-radios communication control room. Copies confirming the above MUST be submitted with the bid. No points will be awarded where copies confirming the above have not been submitted with the Bid.

15

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`Bidder must own firearms, own at least two vehicles or own two-way-radios communication control room. Copies confirming the above MUST be submitted with the bid. No points will be awarded where copies confirming the above have not been submitted with the Bid.

10

Bidder must own firearms or own vehicles or own two-way-radios communication control room. Copies confirming the above MUST be submitted with the bid. No points will be awarded where copies confirming the above have not been submitted with the Bid.

5

STAGE 2: EVALUATION FOR PRICE AND PREFERENCE (80/20)The procedure for Stage 2 of evaluation of responsive tenders is Method 2a) PRICE: …………………………………………………….……………………… 80

a) B-BBEE STATUS LEVEL OF CONTRIBUTION: ………………...….……. 20Points Awarded for Price (Ps)A total of 80 points will be awarded to the Tenderer with the lowest balanced price. The other tenders will be awarded points on the ratio to bench mark price as follows

Pt - P min Ps =80 1-

P min Where

Ps = Points scored for price of bid under considerationPt = Rand value of bid under considerationP min = Rand value of lowest acceptable bid

b) Points awarded for B-BBEE Status Level of ContributionIn terms of Regulation 5 (2) and 6 (2) of the Preferential Procurement Regulations, preference points must be awarded to a bidder for attaining the B-BBEE status level of contribution in accordance with the table below:

B-BBEE Status Level of Contributor

Number of points (80/20 system)

1 202 183 144 125 86 67 48 2

Non-compliant Contributor 0

The total calculated points will be rounded to the second decimal place.

F.3.13 Acceptance of tender offer

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`F3.13.

1Accept the tender offer, if in the opinion of the employer, it does not present any unacceptablecommercial risk and only if the tenderer:a) is not under restrictions, or has principals who are under restrictions, preventing participating in the employer’s procurement,b) can, as necessary and in relation to the proposed contract, demonstrate that he or she possesses the professional and technical qualifications, professional and technical competence, financial resources, equipment and other physical facilities, managerial capability, reliability, experience and reputation, expertise and the personnel, to perform the contract,c) has the legal capacity to enter into the contract,d) is not insolvent, in receivership, bankrupt or being wound up, has his affairs administered by a court or a judicial officer, has suspended his business activities, or is subject to legal proceedings in respect of any of the foregoing,e) complies with the legal requirements, if any, stated in the tender data, andf) is able, in the opinion of the employer, to perform the contract free of conflicts of interest.

F3.13.2

Notify the successful tenderer of the employer's acceptance of his tender offer by completing and returning one copy of the form of offer and acceptance before the expiry of the validity period stated in the tender data, or agreed additional period. Providing the form of offer and acceptance does not contain any qualifying statements, it will constitute the formation of a contract between the employer and the successful tenderer as described in the form of offer and acceptance.

F.3.14 Notice to unsuccessful tenderersAfter the successful tenderer has acknowledged the employer’s notice of acceptance, after written request, the employer will notify the tenderers that their tender offers have not been accepted in O.R Tambo District Municipality’s website: www.ortambodm.org.za by listing the successful tender.

F.3.15 Prepare contract documentsIf necessary, revise documents that shall form part of the contract and that were issued by the employer as part of the tender documents to take account of:a) addenda issued during the tender period,b) inclusion of some of the returnable documents,c) other revisions agreed between the employer and the successful tenderer, andd) The schedule of deviations attached to the form of offer and acceptance, if any.

F.3.16 Issue final contractPrepare and issue the final draft of the contract to the successful tenderer for acceptance as soon as possible after the date of the employer's signing of the form of offer and acceptance (including the schedule of deviations, if any).

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Tender Volume Part T2: Returnable documents

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T2.1 List of Returnable DocumentsThe following returnable schedules constitute the List of ReturnableDocuments for this tender.

Returnable Schedules required for tender evaluation purposes

T2.2 A Certificate for Authority of SignatoryT2.2 B Certificate of Attendance at Clarification MeetingT2.2 C Declaration claiming Quality Points entitlementT2.2 D Declaration of Tax ComplianceT2.2 E Alternative offer by Tenderer.T2.2 F Compulsory Enterprise QuestionnaireT2.2 G Tender Surety

Returnable Schedules that will be incorporated into the Contract

C1.1 Offer and AcceptanceC1.2 Contract Data (Part 2)C1.2.1 Record of Addenda to Tender DocumentsC1.2.2 Declaration claiming Preference Points entitlementC1.2.3 Alterations by TendererC2.2 Bill of quantities

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T2.2 A Certificate for Authority of Signatory

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.

A

Company

B

Partnership

C

Joint Venture

D

Sole Proprietor

E

Close Corporation

A. Certificate for companyI, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _, a director of

_ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ __ _ __ _ _ _ _ _ _ _ _ _ __ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _,

hereby confirm that by resolution of the board (copy attached) taken on _ _ _ __ _ _ _ _ _ __ 20_ _ ,

Mr/Ms __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _, acting in the capacity of _ _ _ _ _ _ _ _ _ _ __ _ _ __ _ ___ _ _,

was authorised to sign all documents in connection with this tender and any Contract resulting from it on behalf of the company.

I further declare that the information provided in the tender is true and correct and documentary proof regarding any tendering issue will, when required, be submitted to the satisfaction of the O.R.Tambo District Municipality.

As witnesses:-

1. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Director

2. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

DateShould the tenderer have, in the opinion of the O.R.Tambo District Municipality, acted fraudulently, illegally, in bad faith or in any improper manner with regard to the tender, then the O.R.Tambo District Municipality may, in its sole discretion:

* Ignore any tenders without advising the tenderer thereof* Cancel the Contract without prejudice to any legal rights the O.R.Tambo District Municipality may have

Should the tenderer disregard this or conduct affairs in a way that transgresses the O.R.Tambo District Municipality Code of Conduct, this could seriously impair future business relations between the O.R.Tambo District Municipality and such tenderer.

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`B. Certificate for partnershipWe, the undersigned, being the partners in the business trading as

_ _ _ __ _ _ _ _ _ _ _ _ _ _ _ __ _ _ __ _ _ __ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _

hereby authorise Mr/Ms _ _ __ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _, acting in

the capacity of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ , to sign all documents in connection with this tender

and any Contract resulting from it on our behalf.

I further declare that the information provided in the tender is true and correct and documentary proof regarding any tendering issue will, when required, be submitted to the satisfaction of the O.R.Tambo District Municipality.

Name Address Signature Date

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

Should the tenderer have, in the opinion of the O.R.Tambo District Municipality, acted fraudulently, illegally, in bad faith or in any improper manner with regard to the tender, then the O.R.Tambo District Municipality may, in its sole discretion:

* Ignore any tenders without advising the tenderer thereof* Cancel the Contract without prejudice to any legal rights the O.R.Tambo District Municipality may have

Should the tenderer disregard this or conduct affairs in a way that transgresses the O.R.Tambo District Municipality Code of Conduct, this could seriously impair future business relations between the O.R.Tambo District Municipality and such tenderer.

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`C. Certificate for Joint VentureWe, the undersigned, are submitting this tender offer in Joint Venture and hereby authorize

Mr/Ms _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _,

authorised signatory of the company _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _,

acting in the capacity of lead partner, to sign this tender and any Contract resulting from it on our behalf.

The authorisation is evidenced by the attached power of attorney signed by legally authorised signatories of all the partners to the Joint Venture.

We further declare that the information provided in the tender is true and correct and documentary proof regarding any tendering issue will, when required, be submitted to the satisfaction of the O.R.Tambo District Municipality.

We have examined Annexure F: Joint Venture Disclosure Form of the Employer’s procurement policy and will upon request by the Employer provide a completed and signed copy of it.

Name of Firm Address Authoristing signature, Name & Capacity

Lead partner

Should the tenderer have, in the opinion of the O.R.Tambo District Municipality, acted fraudulently, illegally, in bad faith or in any improper manner with regard to the tender, then the O.R.Tambo District Municipality may, in its sole discretion:

* Ignore any tenders without advising the tenderer thereof* Cancel the Contract without prejudice to any legal rights the O.R.Tambo District Municipality may have

Should the tenderer disregard this or conduct affairs in a way that transgresses the O.R.Tambo District Municipality Code of Conduct, this could seriously impair future business relations between the O.R.Tambo District Municipality and such tenderer.

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`D. Certificate for sole proprietor.

I, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _, hereby confirm that I am the sole owner of the

business trading as _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

I further declare that the information provided in the tender is true and correct and documentary proof regarding any tendering issue will, when required, be submitted to the satisfaction of the O.R.Tambo District Municipality.

As witnesses:-

1. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Signature: Sole owner

2. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Date

Should the tenderer have, in the opinion of the O.R.Tambo District Municipality, acted fraudulently, illegally, in bad faith or in any improper manner with regard to the tender, then the O.R.Tambo District Municipality may, in its sole discretion:

* Ignore any tenders without advising the tenderer thereof* Cancel the Contract without prejudice to any legal rights the O.R.Tambo District Municipality may have

Should the tenderer disregard this or conduct affairs in a way that transgresses the O.R.Tambo District Municipality Code of Conduct, this could seriously impair future business relations between the O.R.Tambo District Municipality and such tenderer.

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`E. Certificate for close Corporation

We, the undersigned, being the members of the business

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

hereby authorise Mr/Ms _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

acting in the capacity of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , to sign all documents in connection with

this tender and any Contract resulting from it.

We further declare that the information provided in the tender is true and correct and documentary proof regarding any tendering issue will, when required, be submitted to the satisfaction of the O.R.Tambo District Municipality.

NAME ADDRESS SIGNATURE DATE

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

Should the tenderer have, in the opinion of the O.R.Tambo District Municipality, acted fraudulently, illegally, in bad faith or in any improper manner with regard to the tender, then the O.R.Tambo District Municipality may, in its sole discretion:

* Ignore any tenders without advising the tenderer thereof* Cancel the Contract without prejudice to any legal rights the O.R.Tambo District Municipality may have

Should the tenderer disregard this or conduct affairs in a way that transgresses the O.R.Tambo District Municipality Code of Conduct, this could seriously impair future business relations between the O.R.Tambo District Municipality and such tenderer.

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T2.2 B Certificate of Attendance at Clarification Meeting

This is to certify that

(Tenderer)

__________________________________________________________

(address)

__________________________________________________________

__________________________________________________________

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

…………………………………………………..………………………….. (location)

on …………………….……..(date),

starting at ………………………………………………………………….

We acknowledge that the purpose of the meeting was to acquaint ourselves with the Site of the works and / or matters incidental to doing the work specified in the tender documents in order for 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 _________________________________ Signature ____________________________

Capacity ________________________________

Name _________________________________ Signature ____________________________

Capacity ________________________________

Attendance of the above persons at the meeting is confirmed by the Employer’s representative, namely:

Name _________________________________ Signature ____________________________

Capacity ______________________________ Date and time___________________________

T2.2 C Declaration claiming Quality Points entitlement

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Failure to complete and sign this page will result in no quality points being assigned to this tender.

DESCRIPTION WEIGHT POINTS (1,2, OR 3)1. A minimum of two (2) registered vehicles in the name of the company 10

2. Proof of staff employed 103. Proof of fire arms possessed by the company 104. Means of communication with posted gaurds 10

5. Company office with security control room 10

TOTAL (Max. 15)

1 The tenderer will score 1 point for not having a car, 2 points for having 1 car and 3 points for having 2 or more cars. These or this car(s) must be solely designated for security reasons.

2 One (1) point for company with no employees, two (2) points if the number is below the number of qualified guards required for that particular area, and full three (3) points for qualified guards equal or more than the required guards.

3Score 3 points for firearms possessed by the tenderer which are equal or more than the required firearms for that particular area, 2 points for firearms less than the required number and 1 point for non possession of firearms.

4 Score 1 point for lack of any means of communication, 2 points for less availability of those means of communication, and 3 points for full availability equal or more than the guards required.

5 1 point for no office within O.R.Tambo DM area of jurisdiction, 2 points for less equipped office within O.R. Tambo, and 3 points for fully equipped office within O.R.Tambo.

It is requested by the Employer that, the tenderer undertakes to provide adequate documentation to fully justify his points claim. Failure to provide any justification shall result in the tender being rejected. The Employer may evaluate the justification documentation independently and shall in such cases, in his evaluation of the tender, determine, at his sole discretion, the quality points applicable.

Tenderer……………………………………………………………………..

Signature of tenderer…………………………………………

Date: ………………………………………………

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`T2.2 D Declaration of Tax compliance

This declaration must be completed in all respects. Failure to complete this declaration that the tax affairs of the tenderer are satisfied in terms of the relevant Act or that suitable arrangements have been made with the Receiver of Revenue, will invalidate the tender.

The validity of this document will be verified with the Receiver of Revenue before a Contract is awarded.

SOUTH AFRICAN REVENUE SERVICE

DECLARATION OF GOOD STANDING REGARDING TAX

PARTICULARS

1. Name of Taxpayer/Tenderer :

2. Trade Name :

3. Identification No.

4. Company/CC Reg. No.

5. Income Tax Ref. No.

6. VAT Reg. No.

7. O.R.Tambo DM Levies Reg. No. ( If not applicable then omit)

DECLARATION

It is hereby declared that the Income Tax, Value Added Tax (VAT) obligations of the above-mentioned taxpayer(s), which includes the rendition of returns and payment of the relevant taxes:

(i) have been satisfied in terms of the relevant Acts; or(ii) that suitable arrangements have been made with the Receiver of Revenue and the

O.R.Tambo District Municipality to satisfy them.*

................................................... .............................................. ................................Signature Capacity Date

Please note: * The declaration (ii) cannot be made unless formal written arrangements have been made with the Receiver of Revenue and/or O.R.Tambo District Municipality with regard to any outstanding revenue/tax returns or levies. The levy declaration applies only to O.R.Tambo District Municipality levy payers.

Tenderer……………………………………………………………………..

Signature of tenderer………………………………………………………….

Date…………………………………………………….

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`T2.2 E Experience of Tenderer

The Tenderer shall set out below projects of a similar complexity or size which he has undertaken or is undertaking. The Tenderer is to note that the information provided below is the criteria that will be used to assess the suitability of the tenderer's experience. The Tenderer grants the Employer permission to contact the persons or organizations listed and to verify the data given and obtain confidential verbal reports on performance.

Failure to complete and sign this page will result in the presumption that tenderer has no suitable experience.

Employer / Location Approximate value

Duration ClientCompletion date Contact person / Tel number

Tenderer……………………………………………………………………..

Signature of tenderer………………………………………………………….

Date…………………………………………………….

T2.2 F Compulsory Enterprise Questionnaire

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`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: Professional security 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 in the service of the stateIndicate 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 a member of the board of directors of any

municipal entity an official of any municipality or municipal entity

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

an employee of Parliament or a provincial legislature

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

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

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

Section 7: Record of spouses, children and parents in the service of the stateIndicate 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 been 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 a member of the board of directors of

any municipal entity

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

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` an official of any municipality or

municipal entity an employee of Parliament or a provincial legislature

Name of spouse, child or parent

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 warrants that he / she is duly authorised to do so on behalf of the enterprise:i) authorizes the Employer to obtain a tax clearance certificate from the South African Revenue Services that my /

our tax matters are in order;ii) 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;

iii) confirms that no partner, member, director or other person, who wholly or partly exercises, or may exercise, control over the enterprise appears, has within the last five years been convicted of fraud or corruption;

iv) 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

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Contract Volume Part C1: Agreement and Contract Data

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C1.1 Form of offer and acceptance

OfferThe Employer, identified in the acceptance signature block, has solicited offers to enter into a Contract for the procurement of:

Rendering of security services

The tenderer, identified in the offer signature block, has examined the documents listed in the tender data and addenda thereto as listed in the returnable schedules, and by submitting this offer has accepted the conditions of tender.

By the representative of the tenderer, deemed to be duly authorized, signing this part of this form of offer and acceptance, the tenderer offers to perform all of the obligations and liabilities of the Service Provider 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

……………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………Rand (in words);

R………………………………………… (in figures)

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 Service Provider in the conditions of Contract identified in the Contract Data.

Signature ______________________________

Name ______________________________

Capacity ______________________________

for the

tenderer __________________________________________________________________________

(Name and address of organization)

Name and

Signature of

Witness __________________________________ Date ___________________________

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AcceptanceBy signing this part of this form of offer and acceptance, the Employer identified below accepts the tenderer’s offer. In consideration thereof, the Employer shall pay the Service Provider 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 Agreements and Contract Data, (which includes this agreement)

Part C2 Pricing Data

Part C3 Scope of work.

and 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 as 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 signed by the authorised representative(s) of both parties.

Notwithstanding anything contained herein, this agreement comes into effect on the date when the tenderer receives one fully completed, signed copy of this document, including the schedule of deviations (if any). Unless the tenderer (now Service Provider) within five working 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(s)

__________________________________ _____________________________

Name(s)

__________________________________ _____________________________

Capacity

__________________________________ _____________________________

for the

Employer ____________________________________________________________________

(Name and address of organization)

Name and

Signature of

Witness __________________________________ Date _______________________

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Schedule of Deviations

Notes:1. The extent of deviations from the tender documents issues by the Employer before the tender closing date

is limited to those permitted in terms of the conditions of tender.2. 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.

3. Any other matter arises 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.

4. 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.

1 Subject ______________________________________________________________________________________

Details __________________________________________________________________________________________

2 Subject ______________________________________________________________________________________

Details ___________________________________________________________________________________________

3 Subject ______________________________________________________________________________________

Details ___________________________________________________________________________________________

4 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 changes 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.

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For the tenderer:

Signature(s)

__________________________________ ___________________________________

Name(s)

__________________________________ ___________________________________

Capacity

__________________________________ ___________________________________

___________________________________________________________________________

(Name and address of organization)

Name and

Signature of

Witness __________________________________ Date ___________________________

For the Employer

Signature(s)

__________________________________ ___________________________________

Name(s)

__________________________________ ___________________________________

Capacity

__________________________________ ___________________________________

___________________________________________________________________________

(Name and address of organization)

Name and

Signature of

Witness __________________________________ Date ___________________________

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`C1.2 Contract DataThe Contract Data of this Contract are:C1.2.1 Conditions of Contract, which comprise the

C1.2.1.1 Standard Conditions of Contract and theC1.2.1.2 Special Conditions of Contract,

C1.2.2 Part 1: Data provided by the Employer,C1.2.3 Part 2: Data provided by the Service Provider. C1.2.1.1 Standard Conditions of ContractStandard conditions of this tender are the same as those contemplated in General Conditions of Contract.

C1.2.1.2 Special Conditions of ContractThe numbering and headings refer to the relevant clauses in the Standard Conditions of Contract. The bold texts on the right are marginal notes and are not part of the special conditions of contract.

3. GeneralAdd:3.15 It is a condition of Contract that :

i) the taxes of the Service Provider must be in order, or that suitable arrangements have been made with the Receiver of Revenue to satisfy them.

ii) the Employer levies of the successful tender must be in order, or that suitable arrangements have been made with the Employer to satisfy them.(not applicable)

iii) if the declaration is found not to be correct, the Employer may, in addition to any other remedy it may have :

(a) recover from the Service Provider all costs, losses or damages incurred or sustained by the Employer as a result of the award of the Contract; and/or

(b) cancel the Contract and claim any damages which the Employer may suffer by having to make less favourable arrangements after such cancellation; and/or

(c) impose on the Service Provider a penalty not exceeding 5% of the value of the Contract.

iv) if the Service Provider is a consortium/joint venture, then each party shall comply with this clause.

v) any sub-Service Provider employed by the Service Provider shall comply with this clause.

vi) the Service Provider shall provide certified copies of the following documents :

1. Original Valid Tax Clearance Certificate or a confirmation of Tax validity with pin issued by Sars.

2. Certified Copies of Original of Co. or CC Documents and IDs3. Company Profile with contratual references4. PSIRA Certificate5. JV Agreement (if Applicable)6. Proof of registration with labour department7. Proof of quality points claimed

Service provider’s tax and levy affairs to be in order

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3. Payment of Service ProviderAdd:Subject to the written agreement of both the Employer and the Service Provider, the Employer may at its discretion agree to allow the Service Provider to cede all or part of the payments which will become due to him in terms of this Contract to one third party. This third party will be the Service Provider’s banker unless otherwise agreed by the Employer. The Employer will then cooperate with the terms of the cession provided that nothing contained therein conflicts with any of the terms of this Contract. The Service Provider shall be liable for all legal and other costs that the Employer shall incur in order to comply with this clause.

Cessions

4. Designated representativeAdd:This designated person shall represent the service provider in all matters relating to the contract.

Designated representative to fully represent Service Provider

5. Service Provider’s actions requiring Employer’s approvalAdd:

d) Increase the total value of the Contract ore) significantly change the scope of work.

Actions requiring Employer’s approval

Add:6. Preferential procurement5.8.1 This Contract will be procured in terms of the Preferential Procurement Policy Framework Act of 2001 and its Regulations as amended.

The declaration: ‘Declaration claiming preference points entitlement’ shall form part of the Contract Data and the Service Provider shall achieve or comply with the criteria stated in the declaration which were used to determine the preference points entitlement for the tender evaluation of this Contract.

In the event that the Service Provider fails to substantiate that any failure to achieve the Preference Points claimed in the tender was due to quantitative under runs, the elimination of items, or any other reason beyond the Service Provider’s control which may be acceptable to the Employer, the penalty applicable in terms regulation 15(2)(c) shall be equal to 2*(Preference Points claimed in tender – Preference points applicable at the time of issue of the Certificate of Completion)/100*Final Contract Value.

Preferential Procurement to apply

8.4 TerminationAdd to 8.4.1:Any other valid and significant event.

Termination by Employer

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C1.2 Contract Data

C1.2.2 Part 1: Data provided by the Employer

Clause Data1 Employer

The Employer is the O.R.Tambo District Municipality

The authorized and designated representative of the employer is:Name: Miss V. NombitaThe Employer’s address for receipt of communications is:Telephone: 047-501-6468E-mail:Address: O.R.Tambo District Municipality, Nelson Mandela Drive, Myezo Park, Mthatha. 5099

1 Period of PerformanceThe time for completing this project shall be two (2) years unless the employer decides to extend the period of this project.

Monthly reports are compulsory.

The slot of each and every guard is expected to be maximum of 12 Hours

All other services shall be completed within the time frames set out in the project programme to be drawn up jointly between the Employer and the Service Provider.

3.11 The penalty payable is R1000.00 per Day subject to a maximum amount of 10% of the tender sum. The penalty is payable for each month for which the failure continues.

3.14.1 The programme shall be submitted within 14 days of the award of the contract.5.4 Not applicable9.1 Copyright shall vest in the Employer12 Disputes are to be referred to the municipal manger for mediation.

12.2.4 The determination of disputes shall be by litigation.

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`C1.2 Contract Data

C1.2.3 Part 2: Data provided by the Service Provider

Clause Contract Data1. The Service Provider is

………………………………………………………….………………….…………

Address ……………………………………………………………………………..

………………………………………………………………………………………..

Registered Company/Close Corporation Name (if applicable) is………………………………………………………………………………………..

VAT registration number……………………………………………………………Bank name & branch……………………………………………………………….Bank account number………………………………………………………………

The Service Provider’s address for receipt of communications is:

Telephone: ……………………………….

Facsimile: ………………………………………..

E-mail: ……………………………………………………………………………

Address: ………………………………………………………………………….

…………………………………………………………………………….

……………………………………………………………………………5.3

Name of designated representative……………………………………………….

Professional registration category……………………………

Professional registration number…………………………….

Years of experience in the security industry………..….7.2.2 Key Person(s)

Name Specific duties

Tenderer……………………………………………………………………..

Signature of tenderer………………………………………………………….

Date…………………………………………………….

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`C1.2.3.1 Record of Addenda

The Tenderer shall set out below the record of addenda to the tender document which were received by him from the Employer and by his signature below confirms that he has taken full account of them in his tender submission. The tenderer shall attach all the addenda received to this page.

Tenderer……………………………………………………………………..

Signature of tenderer………………………………………………………….

Date…………………………………………………….

Addendum No Date received No of pages

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`C1.2.3.2 Declaration claiming preference points entitlement Special Conditions of Contract Clause 5.8

Sheet 1 of 2

Table 1HDI equity participation compliant with Regulation 13 of the Preferential Procurement Policy Framework Act

Name ID number Position held in tenderer's organization Date of ownership

Voting percentage of tenderer

Percentage

ownership of tenderer

Total ownership %

The tenderer declares that the HDI equity points claimed are valid in terms of the Preferential Procurement Policy Framework Act.

The tenderer agrees that the preference points entitlement claimed shall be corrected for errors in the tables or the summation thereof.

Tenderer……………………………………………………………………..

Signature of tenderer………………………………………………………….

Date…………………………………………………….

Note: If the above space is insufficient the tenderer shall prepare a similar schedule including the declaration, sign it and attach it to this page

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`C1.2.3.3 ALTERATIONS BY THE TENDERER

Should the Tenderer desire to make any departures from or modifications to the Contract Volume Parts C1, C2 or C3, he shall set out his proposals clearly hereunder or alternatively state them in a covering letter to this tender and referred to hereunder, failing which the tender will be deemed to be unqualified. Tenderers should note that alterations deemed unacceptable by the Employer may result in the tender being rejected without further consideration.

PAGE CLAUSE OR ITEM

Tenderer……………………………………………………………………..

Signature of tenderer………………………………………………………….

Date…………………………………………………….

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`

Contract Volume Part C2: Pricing Data

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` C2.1 Pricing instructions

The payment to be paid to the Service Provider for providing the Services required in terms of this Agreement and for reimbursement for all expenses and costs incurred in performing the Services shall be in accordance with the following priced bill of quantities.

The bill of quantities shall be understood and priced as follows:Price per armed guard per month as referred to as Grade DAll prices should include any disbursements in the execution of this project.No additional costs would be charged except in cases where prior arrangements have been made.The tender sum is the sum of the tendered prices for items, the contingency and the applicable VAT.

No additional items may be added to the Bill of Quantities.

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`

Part C2 Pricing Data

C2.2 Bill of quantities

PlaceNo of Guards Day Grade Night Grade Tota

l

Price Per Guard/Month Total/Month

Thornhill Water Works 6 3 D 3 armed D R RNgangelizwe W/Works 3 1 D 2 D R RMqanduli W/Treatment 3 1 D 2 D R RMqanduli Sewer and Waste

3 1 D 2 D R R

Mqanduli Rent Office 2 1 Armed D 1 D R RGovernment Printers 10 6 D 4 (armed) D R RMagwa House 13 7 (2armed) D 6(2armed) D R RWater and Sanitation 6 4 Armed D 2armed D R ROR Tambo Plumbing 2 1 D 1 D R RIkwezi library 3 1 D 2 D R R

Viedgesville 3 1 D 2 D R RPump Station A 2 1 D 1 D R RB Station Pump Station 3 1 D 2 D R RMayden Farm Pump Station

3 1 D 2 D R R

Waterfall Park 2 1 D 1 D R RGibo 2 1 D 1 D R RCoffee Bay Water Treatment

2 1 D 1 D R R

Sewerage Pump Station Norwood Bridge

2 1 D 1 D R R

Southridge Park B&B 2 1 D 1 D R RAttics 2 1 D 1 D R RSignal Hill 2 1 D 1 D R RMthatha Sewerage Works 3 1 D 2 D R RNcambedlana reservor 2 1 D 1 D R RMayoral house-fortgale 4 2 armed D 2 D R RMthatha Dam 3 1 D 2 D R RFortgale Pump Station 2 1 D 1 D R RZamukulungisa 3 1 D 2 D R RMazizini reservoir 3 1 D 2 D R RRosedale water treatment centre

3 1 D 2 D R R

Wonk’umntu 4 2 D 2 D R RMyezo Site 4 2 D 2 D R RTOTAL NUMBER OF GUARDS= 107

Total R ___________

Grand Total Per Annum R_________ (Vat Incl.)

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`

No additional items may be added to the Bill of Quantities.

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`

Contract Volume Part C3: Scope of work

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`Part 3 Scope of work

C3 Scope of workTOPIC SCOPE OF WORK

Employer's objectives

The Employer requires the successful execution of this project in accordance with this Contract.

Description of the services

The rational security services including inspection at intervals in accordance with accepted professional practice to check compliance with the approved security service of the project.

Detailed security service comprises the minimum of the following:1. Security patrols in full uniform, neat and clean2. Maintain strict control over access of people and packages entering the

buildings/sites3. inspection of visitors, employees of service providers and deliveries and verify the

identification of every person4. Check whether visitors are not carrying material that may pose threat to the

employees and assets of the municipality5. Shall issue to everyone entering the premises with identification cards and be

escorted to his or her destination6. To close gates after working hours and lock them after hours and on

weekends/Public Holidays7. To record all vehicles entering or leaving the premises on the vehicle control sheet

and searching be carried out.8. Shall demand written authority signed by the management for municipal equipment

like computers, projectors, laptops furniture etc. from people carrying such9. To look after vehicles and equipment stored at the premises10. Not to allow weapons like firearms etc. into the premises and to do reasonable

patrols around the premises to check unusual happenings11. To record and report to the management all defaults like broken windows12. To check trip authorities for municipal vehicles leaving the premises signed by

relevant people13. To do proper handing over in each and every end of each shift and full recording of

incidents in the occurrence book14. To visit offices after working hours and check if offices are locked or not and if in

such offices there are people working overtime, names of those people should be recorded in a register kept for that purpose.

The project will be implemented in one phase for the period of the year.

The Service Provider shall also manage the environmental and gun authorization.

Extent of the services

The Service Provider shall undertake the normal and additional services for the project as set out in the brief below.

The deliverable shall include a comprehensive operations shall set out operational staff complements together with their job descriptions.

The Service Provider shall comply with the municipal reporting requirements.

The Service Provider shall furnish the Employer with a copy of all documentation created by or on behalf of the Service Provider in executing this Contract. This shall include copies of all correspondence related to the Contract.

Use of reasonable skill and care

Reasonable skill and care shall be exercised for all work undertaken in terms of this Contract.

Co-operation with others Service Providers providing similar services.

Brief (a) Terms of The Service Provider shall provide the services described in “Extent of services” in

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`TOPIC SCOPE OF WORK

reference accordance with:

(a) Normal Services General security services, the Employer’s Procurement Policy objectives and where applicable, the statutory requirements of the security service. This is deemed to be part of the Normal Services.

The Designated Person nominated in accordance with clause 5.3 of the Contract shall represent the Service Provider in this agreement at all times and shall personally undertake the activities contemplated in clause 2.1.5 (3) of the scope of Normal Services. The Service Provider shall obtain the Employer’s approval for this representative, which approval shall not be unreasonably withheld. The Employer shall be furnished with a copy of the relevant CV.

(b) Additional Services The Service Provider shall ensure that an appropriate Health and Safety Specification is included in the tender and Contract documents. Other service under this clause shall be undertaken only on the Employer’s written instruction. The security monitoring undertaken in terms of clause 2.1.5 (3) shall include Health and Safety Contract compliance and shall not form part of any Additional Service.

2.2.4 Quality Assurance SystemThe Service Provider shall design and implement a statistically based system of key quality assurance in the form of tests that are independent of any tests or reports prepared by any other service provider. This system shall be approved by the Employer, in writing, before implementation.

(c) Further Security monitoring. Should the Employer require security monitoring beyond that contemplated in clause 2.1.5 (3) of the scope of Normal Services, the Service Provider shall provide suitably qualified and/or experienced personnel subject to the Employer’s approval which approval shall not be unreasonably withheld. The Employer shall be furnished with copies of the relevant qualifications.

(d) Authorized scope of services.The authorized scope of service is only for (a) and (b) above. Any other service shall only be undertaken on written instruction from the Employer.

Brief (b) time frames for deliverables

See Contract Data

Brief (c) reporting requirements The reporting requirements are stated in the terms of reference.

Reference data There are no reference data available.Applicable national and international standards

The Service Provider shall select the appropriate PSIRA standards relevant to his rendering of security services and where such standards are not available he shall select the appropriate international or other standards that are applicable.

Particular/Generic specifications Not applicable

Approvals

The Service Provider shall manage and expedite the Environmental Authorizations up to and including the Record of Decision.

The Service Provider shall obtain all necessary approvals or authorizations.

The Service Provider shall negotiate with the relevant parties and authorities to register any necessary services.

Procurement See tender and Contract Data

Access to land/buildings/sites Restricted and unrestricted access to the project area is available.

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`TOPIC SCOPE OF WORK

Planning and programming

The successful service provider has a duty to plan and implement his/her duties.The programme of action has to be submitted to the manager responsible for this project within two (2) weeks after the award of tender.

Software applications for programming

No requirement.

Quality management

The Employer shall evaluate the proposal and either approve or modify it. The Service Provider shall implement the standards approved by the Employer.

Format of communications

To be agreed with Service Provider

Key personnel As per clause 7.2.2 of the contract.Management meetings

To be agreed with Service Provider

Forms for Contract administration

To be agreed with Service Provider

Electronic payments

To be agreed with Service Provider

Daily records Each site shall have the occurrence book which must be filled each and every day.Professional indemnity insurances

One copy to be delivered to Employer

Payment certificates

Format and procedure used in the Employer’s reporting system.

Use of documents by the Employer

The employer has right to scrutinize any documents relating to execution of this project.

Proof of compliance with the law

The Service Provider shall provide the documents proving fulfillment of the approvals section.

ANNEXES None

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