provision of - ecdc · 2018-09-11 · page 2 of 36 provision of rentable office space for ecdc east...

Head office: EAST LONDON T: (+27) 043 704 5600 • PORT ELIZABETH T: (+27) 041 373 8260 • QUEENSTOWN T: (+27) 045 838 1910

MTHATHA T: (+27) 047 501 2200 • Satellite offices: KING WILLIAM’S TOWN T: (+27) 043 604 8800 • MOUNT AYLIFF T: (+27) 039 254 0584 BUTTERWORTH T: (+27) 047 401 2700 • ALIWAL NORTH T: (+27) 051 633 3007

Board Members: N. Dladla (Chairperson) • N Dlulane ( CEO) • S Sentwa (CFO)

• M Maqetuka • B Nqadolo • L Jiya • P Bosman • M Sishuba • S Thobela • N Siwahla-Madiba • M Damane • (Company Secretary

Consisting of:

The Request for Proposal (Returnable) – This Document

Issued and prepared by: Eastern Cape Development Corporation ECDC House, Ocean Terrace Park, Moore Street, Quigney, East London Tel: 043 704 5600

BIDDER: ……………………………………………………………………………………………………………………………………….

ECDC/ELN/125/042016

PROVISION OF RENTABLE OFFICE SPACE FOR ECDC IN EAST LONDON

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Provision of Rentable Office Space for ECDC East London ECDC/ELN /125/042016

INDEX

No. DETAILS PAGE

SECTION A

A Abbreviations 3

B Definitions 3

SECTION B – GENERAL INFORMATION

1.1 Bid Content 7

1.2 Estimated Timeline 7

1.3 Compulsory Briefing Session 7

1.4 Submission of bid documents 7

1.5. Eligibility to Bid/Minimum Requirements and Tender Returnables 8-9

1.6. Preferential Procurement 10

1.7. Alteration or withdrawal of proposals 14

1.8. Cost for preparation of bid proposal 14

1.9. Ownership of proposals 14

1.10. Tax clearance certificate requirements 14

1.11 Confidentiality 15

1.12 Ethics 15

1.13 Competition 15

1.14 Cancellation of bid process 16

1.15 Interviews 16

1.16 Contract Award 16

1.17 Disclaimer 16

1.18 Enquiries 17

SECTION C – TERMS OF REFERENCE

2 Background to ECDC 18

3 Scope of Services required 19

4 Pro-forma lease agreement 20

5 Methodology 20

6 Responsibilities and duties 20

16 Duration of the Contract 23

SECTION D – REQUIRED DOCUMENTATION

A General bidder information 25

B Location 25

C Profile 25

D Functionality – Experience and Services 26

E Form of Offer and Acceptance 27

F Preferential Points Claim 31

G Prices - pricing schedule 29-30

H Bidders declaration of interest 32

I Bidders (shareholder’s etc.) declaration of interest 34

J Bidders declaration - past supply chain practices 35

K Certificate of independent bid declaration 36

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SECTION A:

ABBREVIATIONS AND ACRONYMS

B-BBEE Broad-based Black Economic Empowerment

B-BBEEA Broad-based Black Economic Empowerment Act 53 of 2003

B-BBEE Codes Broad-based Black Economic Empowerment Codes of Good Practice-2007

CIDB Construction Industry Development Board

DTI Department of Trade and Industry

ECDC Eastern Cape Development Corporation

EME Exempt Micro Enterprise

IRBA Independent Regulatory Board of Auditors

PCCA Prevention and Combating of Corrupt Activities Act 12 of 2004

PFMA Public Finance Management Act (Act 1 of 1999)

PPPFA Preferential Procurement Policy Framework Act (Act 5 of 2000)

QSE Qualifying Small Enterprise

SABS South African Bureau of Standards

SANAS South African National Accreditation System

SARS South African Revenue Service

SASAE South African Standard on Assurance Engagements

SCM Supply chain management

SMME Small, Medium and Micro Enterprises

ToR Terms of Reference

SAPOA South African Property Owners Association

B: DEFINITIONS

Acceptable tender

Means any tender which, in all respects, complies with the specifications and conditions of tender as set out in the tender document.

Accreditation Body

Means the South African National Accreditation System or any other entity appointed by the Minister from time to time whose function it is to:

Accrediting verification agencies

Developing, maintaining and enforcing of Verification Standards

Affordable Means (in terms of a PPP-Agreement) that the financial commitments to be incurred can be met by funds:

Designated within ECDC’s existing budget for the function to which the agreement relates; and

Destined for ECDC in accordance with the relevant Treasury’s future budgetary projections.

All applicable taxes

Includes value-added tax, pay as you earn, income tax, unemployment insurance fund contributions and skills development levies.

B-BBEE status level of contributor

means the B-BBEE status received by a measured entity based on its overall performance using the relevant scorecard contained in the Codes of Good Practice on Black Economic Empowerment, issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act;

Bid Means a written offer or proposal to supply goods and/or provide services, submitted in response to the ECDC’s invitation to quote or submit proposals which includes advertised competitive bids, written price quotations or proposals.

Bid Specification

A specification that lays down the characteristics of goods to be procured or their related processes and production methods, or the characteristics of services to be procured or their related operating methods, including the applicable administrative provisions, and a detailed requirement relating to conformity assessment procedures that an entity prescribes and shall

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include TOR for specialised services.

Black People means 'African', 'Indian' and 'Coloured' people who are citizens of the Republic of South Africa by birth; or are citizens of the Republic of South Africa by naturalisation before the commencement date of the Constitution of South Africa Act (1993); or became citizens of the Republic of South Africa after the commencement of the of the Constitution of South Africa Act (1993), but who for the Apartheid policy that has been in place to that date, would have been entitled to acquire citizenship by naturalisation prior to that date.

Broad based black empowerment

Means broad-based black empowerment means the empowerment of all black people including women, workers, youth, people with disabilities and people living in rural areas through diverse but integrated social-economic strategies that include, but are not limited to:

Increase the number of black people that manage, own and control enterprises and productive assets;

Facilitating ownership and management of enterprises and productive assets by communities, workers, cooperatives and other collective enterprises

Human resources and skills development

Achieving equitable representation in all occupational categories and levels in the workforce

Preferential procurement; and

Investment in enterprises that are owned or managed by black people.

Broad based black empowerment Act

means the Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003)

Close family member

Shall mean:- member of the same household, parent (including adoptive parent), parent-in-law, son (including adoptive son), son-in-law, daughter (including adoptive daughter), daughter-in-law, step-parent, step-son, step-daughter, brother, sister, grandparent, grandchild, uncle, aunt, nephew, niece, the spouse or unmarried partner with relation to any of the person’s above.

Code of Ethics refer to the ECDC Code of Ethics for Management and Staff as may be amended from time to time.

Comparative price

Means the price after the factors of a non-firm price and all the unconditional discounts that can be utilised have been taken into consideration.

Consortium or joint venture

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.

Contract Means the agreement that results from the acceptance of a bid by ECDC.

Designated sector

Means a sector, sub-sector or industry that has been designated by the DTI in line with national development and industrial policies for local production, where on local produced goods or locally manufactured goods meet the stipulated minimum threshold for local production and content.

Duly sign means a document that has been signed by the Chief Financial Officer or other legally responsible person nominated in writing by the Chief Executive, or senior member / person with management responsibility (close corporation, partnership or individual).

Exempt Micro Enterprise (EME)

means an enterprise with a specified total annual revenue of less than the amount stipulated below per sector if and only if a certificate has been received issued by a registered auditor, accounting officer i.t.o. section 60(4) of the Close Corporation Act or an accredited verification agency.

Tourism sector – R2,5 million

Construction sector applicable to the Built Environment professional – R1.5 million

All other sector R5 million

Family member Means a husband or wife, any partner in a customary union according to indigenous law or any partner in a relationship where the parties live together in a manner resembling a marital partnership or a customary union; and any person related to either one or both persons referred above within the second degree through a marriage, a customary union or a relationship or the third degree of consanguity.

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Firm price Means the price that is only subject to adjustments in accordance with the actual increase or decrease resulting from the change, imposition, or abolition of customs or excise duty and any other duty, levy, or tax, which, in terms of the law or regulation, is binding on the contractor and demonstrably has an influence on the price of any supplies, or the rendering costs of any service, for the execution of the contract.

Fronting Means a deliberate circumvention or attempted circumvention of the B-BBEE Act and the Codes. Fronting commonly involves reliance on data or claims of compliance based on misrepresentation of facts, whether made by the party claiming compliance or by any other person.

Functionality Means the measurement according to predetermined norms, as set out in the tender documents, of a service or commodity that is designed to be practical or useful, working or operating, taking into account, among other factors, the quality, reliability, viability and durability of a service and the technical capacity and ability of the tenderer.

Imported content

Means that portion of the tender price represented by the cost of components, parts or materials which have been or are still to be imported (whether by the bidder or its subcontractors) and which costs are inclusive of the costs abroad (this includes labour or intellectual property costs), plus freight and other direct importation costs, such as landing costs, dock dues, import duty, sales duty or other similar tax or duty at the South African port of entry.

In the service of the state

means:

an employee of any municipality who has a performance contract with the municipality and is employed on a permanent, temporary or short term basis.

an employee or public servant of any national or provincial government as defined in terms of Public Services Act.

a member who –

is a councillor of any municipal council as defined in the Local Government Municipal Structures Act (Act No 117 of 1998);

is a politician serving in any provincial legislature; or

is a politician serving in the National Assembly or the National Council of Provinces;

a member of the board of directors of any municipal entity;

an employee and a member of a government owned entity as defined in the Public Finance Management Act (Act No 1 of 1999); and / or such other meaning ascribed to it by National Legislation from time to time.

Local content Means a portion of the tender price which is not included in the imported content, provided that local manufacture does take place.

Non-firm prices Means all prices other than “firm” prices

Person Includes a juristic person.

Price Quotation An estimate describing the product, stating its price, time of shipment, and specifies the terms of the sale and terms of the payment.

Property Includes all movable and immovable property and intellectual property belonging to ECDC.

Public Private partnership

Means a commercial transaction between ECDC and a private party in terms of which:

the private party either performs a function o.b.o. ECDC for a specified or indefinite period, or acquires the use of state property for its own commercial purposes for a specified or indefinite period;

the private party receives a benefit for performing the function or by utilising state property, either by way of:

compensation from a revenue fund charges or fees collected by the private party from users or customers of a service provider to them; or a combination of such compensation and such charges or fees

Qualifying small entity

Means a qualifying small entity that qualifies for measurement under the QSE B-BBEE scorecard with a turnover of between R5-R35 million.

Rand value means the total estimated value of a contract in South African currency, calculated at the time of

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bid invitations, and includes all applicable taxes and excise duties.

Related enterprise

Means an entity controlled by a measured entity whether directly or indirectly controlled by the natural persons who have direct or indirect control over that measured entity or the immediate family of those natural persons.

Service Level Agreement

Shall have the same meaning assigned as “Contract”

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

State Means:

any national or provincial department, national or provincial public entity or constitutional institution within the meaning of the PFMA

any municipality or municipal entity

national Assembly or the national Council of Provinces; or parliament

Stipulated minimum threshold

Means that portion of local production and content as determined by the DTI

Sub-Contract Means the primary contractor’s assigning, leasing, making out work to, or employing, another person to support such primary contractor in the execution of part of a project in terms of the contract.

Tender The same meaning is assigned as ‘Bid” above.

Threshold Shall mean the financial limits on the value of goods or services to be procured as set and prescribed in this policy which shall determine the manner in which these goods and services will be procured

Total revenue Means the total income of an entity from its operations as determined under South African Generally Accepted Accounting Practice.

Trust Means the arrangement through which the property of one person is made over or bequeathed to a trustee to administer such property for the benefit of another person.

Trustee Means any person, including the founder of a trust, to whom property is bequeathed in order for such property to be administered for the benefit of another person.

Value for Money

Means that the item (public-private partnership agreement) results in a net benefit to ECDC defined in terms of cost, price, quality, quantity, or risk transfer, or a combination thereof.

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SECTION B

1. General Information 1.1 Description of the Bid Content

Eastern Cape Development Corporation (ECDC) invites suitable qualified competent service providers (Bidders) to submit proposal (Tenders) in accordance with the rules set out in this RFP (Request for Proposal) for the provision to lease a rentable office space for a minimum period of five (5) years in East London. The offered office building must be ready for occupation for tenant fit out as of the June 2016. ECDC to have the right of first refusal on extension of the lease.

1.2 Estimated timeline

Activity Date Time

1 Placing of Advert 12 May 2016

2 Compulsory Briefing session 19 May 2016 10:00

3 Final date of submission proposals 03 June 2016 12:00

4 Evaluation process June 2016 n/a

5 Adjudication process June 2016 n/a

6 Award bid June 2016 n/a

1.3 Compulsory Briefing Session

A compulsory briefing meeting will be held on the 19th May 2016 at 10H00 at ECDC Head Office at ECDC

House, Ocean Terrace Park, Moore Street, Quigney.

1.4 Submission of Bid Documents

All bid documents must be placed in sealed envelopes labelled clearly as follows:

Bid Reference Number: ECDC/ELN/125/042016 Project Name: Provision of Rentable Office Space for the ECDC in East London Attention: Siyabulela Vanda Delivered at: ECDC Head Office at ECDC House,

Ocean Terrace Park, Moore Street, Quigney, East London, 5201

All Bids are to be placed in the Bid Box on or before the final date and time of submission proposals indicated above in 1.2 (3) above

One original, duly signed (authorised representative) and firmly bound bid document inclusive of these terms and conditions of the original proposals are required to be submitted.

No faxed proposal or proposals sent via e-mail will be accepted. No late submissions will be eligible for consideration by ECDC.

The bid box is open on weekdays between 8h00 and 16h30.

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1.5 Eligibility to bid/Minimum Requirements

The minimum mandatory requirements for the rentable office space are as follows:

Table A: Mandatory Minimum Requirements for Rentable Office Space

MANDATORY REQUIREMENT (1) Comply (Yes/No)

Property Size and Parking Bays

Gross Rentable Area of at least 400m² to 450m², the usable area is not to be less than 350m².

Require a minimum of 10 dedicated parking bays as per Buffalo City Metro requirements.

Paraplegic access is required to all areas.

Expansion opportunities may be required in future. Expansion possibilities are to be clearly demonstrated.

Compliance Requirement

Property prospectus to be attached with schematic drawings and GPS location


Property Grade

A Grade Office Accommodation (as per SAPOA specifications) with air conditioning.


Detailed prospectus to be submitted with all property specification, confirmation of A

Grade, air conditioning office space.


Availability

Office space to be available from June 2016 for tenant fit out.


Draft, proposed, lease agreement to be attached.


Property Location

The proposed premises need to be relatively close to the ECDC Head Office in the Ocean Terrace Park, Quigney. The proposed office needs to be within a 5km radius of the ECDC Head Office.


GPS Co-ordinate or Locational Map indicating the location in relation to the ECDC Head

Office.


Proof of Mandate / Ownership of Premises

Please provide proof of ownership for the premises or a mandate to confirm that you are able to lease the premises on behalf of the landlord.


Copy of deed document.

Copy of the signed mandate agreement or company resolution.

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Note: A site inspection will be conducted to corroborate the information submitted. Should it be found that Bidders

submitted information that is false, they will be automatically disqualified from further evaluation.

The ECDC reserves the right not to appoint the Service Provider should it not be satisfied with the supporting

documents submitted.

Bidders to note the following Tender Returnables:

Table B: Tender Returnables

Description Mandatory

Requirement

for Award

Disqualification

if not submitted

1.

Valid and Original Tax Clearance Certificate. Yes Yes

2. Annexure E – Acceptance Offer Yes Yes

3 Annexure F – Preference Point Claim in terms of the Preferential

Procurement Yes Yes

4. Annexure G – Pricing Schedule for Services;

(Signed and Completed) No No

5. Annexure H- (SBD 4) : Declaration of interest (bidder); (Signed and

Completed) Yes Yes

6. Annexure I - (SBD 4) : Declaration of interest (to be completed by

each director / trustee / member / shareholder mentioned above);

(Signed and Completed)

Yes Yes

7. Annexure J – (SBD 8) : Declaration of bidders past supply chain

management practices; (Signed and Completed)

Yes Yes

8. Annexure K – (SBD 9) : Certificate of Independent Bid determination

(Signed and Completed)

Yes Yes

9

Company registration documents (for each member of the

consortium) i.e. Cipro or CIPC accompanied with certified ID copies

of the members.

Yes No

10

BBBEE Certificate from an accredited verification agency or BBBEE

Affidavit signed by the Commissioner Of Oaths. Failure to submit will

result in awarding of o(zero) point on preference points under BBBEE

No

No

11.

Registration on the National Treasury Central Supplier Database Yes Yes

Submission of Compliance Requirements to the Minimum

Requirements (Table A) to be met for the Rentable Office Space Yes Yes

KINDLY NOTE THAT, FAILURE TO SUBMIT THE REQUIRED DOCUMENTATION WITH THE PROPOSAL WILL

RESULT IN YOUR PROPOSAL BEING DISQUALIFIED WITHOUT FURTHER CONSIDERATION.

1.6 Preferential Procurement

This bid is subject to the preferential procurement policy framework Act and the preferential procurement regulations, 2011 as applicable to provincial government business enterprises as listed under schedule 3(d) of

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the Public Finance Management Act and the ECDC Procurement Policy as amended from time to time. Refer Section D for full disclosure requirements.

EVALUATION CRITERIA All proposals will be evaluated in 2 stages:

Stage 1 Involves an evaluation of Functionality only – At this stage Bidders must score a minimum score of 56 (70%) out of 80 for functionality (services) before they will be evaluated in terms of preferential procurement points.

Stage 2 Preferential Procurement points

Stage 1 – Functionality Evaluation Criteria (to be completed as per specific requirements)

PROPERTY INFORMATION AND BUILDING GRADING

Bid proposal should clearly outline the following:

Tabulate current specification in compliance to A Grade requirements (as per SAPOA specifications)

Physical address, stand number

Details of all partners to the offer

Detail rental option with escalations increases per year for a 5 year period

Tenant installation allowance

Building layout drawings / plans

Windows

Ventilation

Air conditioned

If multi tenants, provide names and detail of business

Points:

Items provided:

10 items = 10 points

9 items = 8 points

5-8 items = 5 points

1-5 items = 1 points

10

PARKING FACILITIES:

A minimum of 10 parking bays will be required in terms of the Buffalo City Metro (BCM) building regulations. The ECDC however would prefer 16 dedicated bays (4 bays per 100m²) for staff and visitors, within a secured environment. Bid proposal should have a detailed layout showing the types of parking offered i.e.

Dedicated Open parking bays

Dedicated Covered parking

Disabled Parking

Points:

10 or more dedicated parking bays offered. At least 5 of these bays must be within a secured environment.

16-20 parking bays = 10 points

10-15 parking bays = 5 points

10

SECURITY

A solid and secure environment is required. Bid proposal should clearly outline the provision of security features of the building, including:

Perimeter boundary walls

24 hour security provided

CCTV monitoring systems

Electric fence

Building access control

Points:

5

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Provision of adequate perimeter security, ie boundary fence:

Yes = 5 points

No = 0 points

BUILDING COMPLIANCE

The following certification of compliance must be in place:

Mechanical COC

Electrical COC (An electrical COC to be provided prior to the signing of the lease in not supplied with this bid)

Fire Clearance Certificate

Municipal approved building plans

Occupation Certificate (to be provided prior to the signing of the lease if not supplied with this bid)

Points:

Items provided:

5 items = 5 points

4 items = 4 points

3 items = 3 points

2 items = 2 points

1 items = 1points

5

BUILDING LOCATION

The proposed premises needs to be relatively close to the ECDC Head Office in the Ocean Terrace Park, in the Quigney, The proposed offices needs to be within a 5km radius of the ECDC Head Office however it is preferable that the new offices are much closer. Points:

Distance from the Ocean Terrace Park

500m or less = 10 points

500m to 1km = 8 points

1km to 2km = 6 points



10

ACCESSIBILITY OF OFFICES OR BUILDING

Accommodation for people with disability in compliance to the relevant Acts is required. Paraplegic toilets are to be provided in terms of NBR (National Building Regulations)

Points:

Building complies internally and externally.

Yes = 5 points

No = 0 points

10

TECHNOLOGY & COMMUNICATION

Power supply is to be connected to the building and distributed to all parts to accommodate easy tenant fit out. Provision is made for the connection of telecommunication so that this can easily be distributed through the office areas. Provision of standby power will be an advantage but not mandatory. Points: Power connected and facilities provided: Yes = 5 points No = 0 points

5

SPACE FOR REQUIRED OFFICE

The space needs to be suitable for the intended use. The usable office area needs to be in an appropriate shape that can accommodate the required offices. All spaces will need contact with natural light and ventilation. It is preferable that the ECDC be the only tenant in the building but should there be multiple tenants there needs to be logical divisions accessed from common lobby areas. It is also preferred that the space is empty, not requiring any demolitions, at the commencement of the lease. Points: Suitability of proposed area:

10

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The space is of suitable proportions with natural light all around = 5 points The ECDC will be the only tenant in the building = 2 (plus the point from the lobby item below). There is a well-defined common lobby providing access to the leased area = 1 point No demolitions are required prior to office fit out . = 2 points

HEALTH & SAFETY

Building must comply with the required standards, OHS etc.; and should have firefighting equipment in terms of the fire requirements (fire extinguishers, fire hoses, fire escape doors and smoke detectors) and these should be maintained and serviced regularly by the Landlord. Prior to occupation, the building is to be fumigated by a specialist against any kind of pests, insects, etc. and the landlord must provide proof that the building was fumigated. Points: Confirmation provided: Yes = 5 points No = 0 points

5

MAINTENANCE

Proposals should clearly specify the responsibilities of the Landlord around maintenance issues (air conditioning units, fire equipment, lifts, electricity, fumigation, plumbing work, day-to-day maintenance of the building, etc.)

The office premises to be fully serviced and maintained by the Landlord;

Turn-around time to be clearly stated on maintenance and repair work by the Landlord;

Proposals to allow ECDC to do its own repairs in cases where the Landlord’s turn-around time was not met and to have the expenses reimbursed by the landlord.

Points: Proposals provided: Yes = 5 points No = 0 points

5

BUILDING SUPPORT SERVICES

The following services must be available on occupation:

Water;

Electricity;

Sanitation Points: Confirmation provided: Yes = 5 points No = 0 points

5

Total Total 80

Threshold (minimum score required) 70% Threshold (minimum score required) 70 %

1.6.1.1 Only bids that have achieved the minimum qualifying score for functionality will be evaluated further in terms of price (stage 2).

1.6.1.2 All bids that fail to achieve the minimum score will be disqualified.

1.6.1.3 The minimum qualifying score (in a percentage) for functionality shall be calculated as follows:

Ps =So

Ms x100Where:

Ps = percentage scored for functionality by bid under consideration So = Total score for bid under consideration Ms = Maximum possible score

1.6.1.4 The percentages of each panel member shall be added and divided by the number of panel members to

establish the average percentage obtained by each bidder for functionality.

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Stage 2 – Preference Procurement Point - Evaluation Criteria Preference points for this bid shall be awarded for price and the B-BBEE Status Level of Contribution. The maximum points for this bid are allocated as follows:

CRITERIA POINTS

Price 90

B-BBEE status level of contribution 10

TOTAL POINTS 100

1.6.1.1 The bidder obtaining the highest number of total points will be awarded the contract.

1.6.1.2 Preference points shall be calculated after prices have been brought to a comparative basis taking into

account all factors of non-firm prices and all unconditional discounts;.

1.6.1.3 Points scored will be rounded off to the nearest 2 decimal places.

1.6.1.4 In the event that two or more bids have scored equal total points, the successful bid will be the one scoring the highest number of preference points for B-BBEE.

1.6.1.5 However, when functionality is part of the evaluation process and two or more bids have scored equal points including equal preference points for B-BBEE, the successful bid must be the one scoring the highest score for functionality.

1.6.1.6 Should two or more bids be equal in all respects, the award shall be decided by the drawing of lots.

1.6.1.7 Points awarded for price based will be based on the 90/10 Preference point systems

1.6.1.8 A maximum of 90 points is allocated for price on the following basis:

DETAILS 90/10 PREFERENCE POINT SYSTEM

Rand value (competitive bids or quotations) all applicable taxes included.

Rand value greater than R 1 000 000.

Formulae

Ps = Points scored for comparative price of bid / offer under consideration

Pt = Comparative price of bid / offer under consideration

Pmin = Comparative price of lowest acceptable bid / offer

1.6.1.9 A maximum of 10 points will be awarded for B-BBEE Status Level of Contribution

1.6.1.10 In 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 (90/10 system)

1 10

2 9

3 8

min

min190

P

PPtPs

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4 5

5 4

6 3

7 2

8 1

Non-compliant contributor 0

1.6.1.11 Bidders who qualify as EMEs in terms of the B-BBEE Act must submit a certificate issued by an Accounting

Officer as contemplated in the CCA or a Verification Agency accredited by SANAS or a Registered Auditor or a B-BBEE Sworn Affidavit from a Commissioner of Oaths. Registered auditors do not need to meet the prerequisite for IRBA’s approval for the purpose of conducting verification and issuing EMEs with B-BBEE Status Level Certificates.

1.6.1.12 Bidders other than EMEs must submit their original and valid B-BBEE status level verification certificate or a certified copy thereof, substantiating their B-BBEE rating issued by a Registered Auditor approved by IRBA or a Verification Agency accredited by SANAS.

1.6.1.13 A trust, consortium or joint venture, will qualify for points for their B-BBEE status level as a legal entity, provided that the entity submits their B-BBEE status level certificate.

1.6.1.14 A trust, consortium or joint venture will qualify for points for their B-BBEE 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 a consolidated B-BBEE scorecard is prepared for every separate bid.

1.6.1.15 Tertiary institutions and public entities will be required to submit their B-BBEE status level certificates in terms of the specialized scorecard contained in the B-BBEE Codes of Good Practice.

1.6.1.16 A person will not be awarded points for B-BBEE status level if it is indicated in the bid documents that such a bidder intends sub-contracting more than 25% of the value of the contract to any other enterprise that does not qualify for at least the points that such a bidder qualifies for, unless the intended sub-contractor is an EME that has the capability and ability to execute the sub-contract.

1.6.1.17 A person awarded a contract may not sub-contract more than 25% of the value of the contract to any other enterprise that does not have an equal or higher B-BBEE status level than the person concerned, unless the contract is sub-contracted to an EME that has the capability and ability to execute the sub-contract.

1.7 Alteration or withdrawal of Proposals

Bidders may withdraw their proposal by written notification on or before the date Specified for the evaluation of Bids

1.8 Costs for preparation of Proposals/presentations The costs incurred by Bidders in respect of the attendance of any briefing or presentation meetings if necessary or costs incurred in preparing any proposal will be borne by the Bidder and the ECDC shall in no way be liable to reimburse such costs incurred.

1.9 Ownership of Proposals and presentations

The ECDC shall on receipt of any proposal relating to this request, and submitted in accordance with the procedure set out herein, shall become the owner thereof and the ECDC shall not be obliged to return any proposal.

1.10 Tax Clearance Certificate requirements

It is a condition of all bids inclusive of foreign bidders / individuals) that the South African taxes of the successful bidder must be in order, or that satisfactory arrangements have been made with South African Revenue Service (SARS) to meet the bidder’s tax obligations. In order to meet this requirement bidders are required to provide an original tax clearance which must be valid for 1 (one) year from date of approval. The original Tax Clearance Certificate must be submitted together with the bid. Failure to submit the original and valid Tax Clearance Certificate will result in the invalidation of the bid. Certified copies of the Tax Clearance Certificate will not be

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acceptable. In bids where Consortia / Joint Ventures / Sub-contractors are involved, each party must submit a separate Tax Clearance Certificate. Copies of the TCC 001 “Application for a Tax Clearance Certificate” form are available from any SARS branch office nationally or on the website www.sars.gov.za. Applications for the Tax Clearance Certificates may also be made via eFiling. In order to use this provision, taxpayers will need to register with SARS as eFilers through the website www.sars.gov.za.

1.11 Confidentiality 1.11.1 The entire process of calling for Bids was initiated by the ECDC in terms of its procurement policy and is

confidential. All deliberations in respect of the acceptability or otherwise of the proposals shall be conducted in closed sessions and members of the Evaluation and Procurement Committee and prospective service providers are bound to treat all discussions as highly confidential.

1.11.2 The service provider shall not divulge directly or indirectly to any other person than a person employed by ECDC, make copies or extracts of any of the information obtained during this assignment, while they may have access to ECDC’s trade secrets, confidential information which may include, specifications, plans, drawings, pattern, samples, written instructions, notes, memoranda, technical information, know-how or process or method or any other records of whatsoever nature without the written consent of ECDC and shall surrender all these items to ECDC on termination of the assignment or on demand of ECDC.

1.11.3 The service provider shall not be entitled to make use of the information whether for its own benefit or that of others, to make available or derive any profit from any of the information or knowledge specifically related to the business or affairs of ECDC.

1.11.4 Any document, shall remain the property of ECDC and shall be returned (all copies) to ECDC on completion of the contract if so required by ECDC.

1.12 Ethics 1.12.1 Any attempt by an interested Bidder to obtain confidential information, or enter into unlawful agreements with

competitors or influence the Evaluation and /or the Procurement Committee or the ECDC during the process of examining, evaluating and comparing Bids/Proposals or Quotations will lead to the rejection of its bid/quotation/proposal in its entirety.

1.12.2 The Bidder must declare any business or other interests it has with the ECDC or any employee of the ECDC, as per the declaration of interest form annexed hereto marked in Section D; failing which the Bidder shall be automatically disqualified from further participation in the Bid or call for proposals. The disqualification will be applicable at any stage of the bidding and / or engagement process.

1.13 Competition 1.13.1 Bidders and their respective officers, employees and agents are prohibited from engaging in any collusive

action with respect to the bidding process which serves to limit competition amongst bidders.

1.13.2 In general, the attention of bidders is drawn to Section 4(1) (b) (iii) of the Competition Act 1998 (Act No. 89 of 1998) (the Competition Act) that prohibits collusive biding.

1.13.3 An agreement between, or concerted practice by, firms, or a decision by an association of firms, is prohibited if it is between parties in a horizontal relationship and if a bidder/s is / are or a contractor(s) was / were involved in collusive bidding.

1.13.4 If bidders have reason to believe that competition issues may arise from any submission of a response to this bid invitation they may make, they are encouraged to discuss their position with the competition authorities before submitting response.

1.13.5 Any correspondence or process of any kind between bidders and the competition authorities must be documented in the responses to this invitation to bid.

1.13.6 In this regard bidders are required to complete Annexure F, failing which the Bidder shall be automatically disqualified from further participation in the Bid or call for proposals. The disqualification will be applicable at any stage of the bidding and / or engagement process.

1.13.7 If a bidder (s) or contractor (s), based on reasonable grounds or evidence obtained by ECDC, has /have engaged in the restrictive practice referred to above, ECDC may refer the matter to the Competition

http://www.sars.gov.za/

http://www.sars.gov.za/

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Commission for investigation and possible imposition of an administrative penalty as contemplated in Section 59 of the Competition Act 89 of 1998.

1.13.8 If a bidder(s) or contractor(s) has / have been found guilty by the Competition Commission of the restrictive practice referred to above, ECDC may in addition and without prejudice to any other remedy provided for, invalidate the bid(s) for such an item(s) offered, and / or terminate the contract in whole or part, and / or restrict the bidder(s) or contractor(s) for conducting business with the public sector for a period of not exceeding 10 9ten) years and / or claim damages form the bidder(s) / contractor(s) concerned.

1.14 Cancellation of Bid Process

The ECDC shall be entitled, within its sole and entire discretion, to cancel this Bid/Call for Proposals and/or Quotations at any time and shall notify the interested service providers accordingly. The ECDC shall in no way be liable for any damages whatsoever, including, without limitation, damages for loss of profit, in any way connected with the cancellation of this bid. The publication of the bid does not commit the ECDC to appoint any of the qualifying Bidders.

1.15 Interviews

In terms of the bid evaluation process short listed bidders may be interviewed. This will entail the bidder being invited to a venue as determined by the bid committee. All transport and accommodation costs incurred by the bidder will be for the bidders account and will not be reimbursed in any way. Failure to attend a scheduled interview will lead to immediate disqualification from the bid process. The ECDC reserves the right to appoint a bidder without conducting interviews.

1.16 Contract award 1.16.1 The successful bidder will be notified of the bid award in writing by the Procurement Department.

1.16.2 The acceptance of any proposal shall only be confirmed with the conclusion of a final written signed service

level agreement or any other appropriate agreement ( i.e. Lease Agreement) between the ECDC and the successful Bidder, in terms of which the rights and duties of the parties are recorded, which agreement shall regulate the relationship between the ECDC and the Successful Bidder.

1.16.3 As a guideline regarding the content of the service level agreement, the bidder is referred to the general conditions of contract available on the ECDC web-site.

1.16.4 Until such time that an appropriate agreement has been concluded in writing between the ECDC and the successful Bidder, no rights shall be conferred nor shall any legitimate expectations be conferred to the successful Bidder to carry out the works or services provided for in this Bid.

1.16.5 The ECDC, the Accounting Officer and the Bid Committee (as the case may be) does not bind itself to accept either the lowest (price),highest (points) or any other bid and reserves the right to accept the bid which it deems to be in the best interest of the Institution even if it implies a waiver by the ECDC, the Accounting Officer, or the Bid Committee, (as the case may be) of certain requirements which the ECDC, the Accounting Officer, the Bid Committee, (as the case may be) considers to be of minor importance and not complied with by the bidder.

1.16.6 The ECDC will not entertain any request of feedback before the final awarding of the contract.

1.17 Disclaimer 1.17.1 This Bid document has been prepared for the purpose of providing information to interested Bidders. The

provision of any additional information about the organization to Bidders, are disclosed and will be made available to enable the prospective Bidders to submit comprehensive proposals.

1.17.2 Interested Bidders are accordingly required to conduct their own due diligence in respect of the ECDC and its business operations and the nature and scope of the services required.

1.17.3 The ECDC accepts no responsibility for the fairness, accuracy or completeness of any information or opinions, for any errors, omissions or misstatements, negligent otherwise, made by any person in this Bid document or at any Compulsory briefing session

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1.17.4 The ECDC accepts no liability for any loss incurred by any person(s) due to events or action taken as a consequence of the preparation and dissemination of this bid request.

1.17.5 Except in cases of criminal negligence or wilful misconduct, and in the case of infringement the bidder shall not be liable to ECDC, whether in contract, tort, or otherwise, for any indirect or consequential loss or damage, loss of use, loss of production, or loss of profits or interest costs, provided that this exclusion shall not apply to any obligation of the bidder to pay penalties and/or damages to ECDC; and

1.17.6 The aggregate liability of the bidder to ECDC, whether under the contract, in tort or otherwise, shall not exceed the total contract price, provided that this limitation shall not apply to the cost of repairing or replacing defective equipment.

1.18 Enquiries

Details Bidding Procedure

Department Procurement Department

Contact person Siyabulela Vanda

Telephone number 043 704 5600

Fax number 043 7228876

E-mail address [email protected]

mailto:[email protected]

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SECTIONS C

TERMS OF REFERENCE / BID SPECIFICATIONS

ABOUT ECDC Vision To be an innovative leader in promoting sustainable economic growth and development of the Eastern Cape. Mission To promote sustainable economic development in the Eastern Cape through focused:

a) Provision of innovative development finance

b) Leveraging of resources, strategic alliances, investment and partnerships.

Your Growth is our satisfaction

Legislative Mandate ECDC draws its mandate directly from the Eastern Cape Development Corporation Act (Act 2 of 1997) and is led by the economic development priorities of the provincial government, as detailed in the Provincial Growth and Development Plan (PGDP), Eastern Cape Provincial Industrial Development Strategy (PIDS), the policy statements and budget speech of the Member of the Executive Council (MEC) of Economic Development, Environment Affairs and Tourism (DEDEAT). Section 3 of the ECDC Act states that the Corporation shall “plan, finance, co-ordinate, market, promote and implement development of the Province and its people in the field of industry, commerce, agriculture, transport and finance”.

2. Background

The number of employees in ECDC has grown and the ECDC Head Office is unable to accommodate all the different

departments at its current domicile. ECDC requires and seeks to acquire offices for rental for a period of 5 years in

East London. ECDC would like to source suitable property for rental which is in close proximity to the ECDC Head

Office in Quigney. The offered office building must be ready for occupation for tenant fit out as of the June 2016.

ECDC to have the right of first refusal on extension of the lease. ECDC requires office accommodation of

approximately 28 ECDC employees in the East London area as follows:

FACILITY

SPECIFICATION

Boardroom To accommodate 10 – 15 people

Reception Area Provide for customer waiting area for not more than 8 people, water dispenser, ECDC

marketing material and decorative materials.

Strong Room 2 strong rooms for records keeping

Cashier’s room Bullet proof glass

Kitchen With built-in cupboards an sink

Ablutions facilities Males & females. Number of ablutions to meet the OHS Act requirements

Parking Staff & visitors

Offices Minimum of 7m and air conditioned

Security Solid and Secure Environment, Daily and good surveillance system

Consulting rooms Consulting rooms

Note: It is estimated that the rentable area required would be between 400m² to 450m2, with a usable area not less

than 350m2.

No space planning is required. The ECDC have appointed their own space planners that will undertake this

service.

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3. Scope of Services required 3.1 Requirements as per Scope of Services

Facilities Requirements

Item No. Description Specification

1. Property Size Gross Rentable Area of 400m² - 450m² on occupation

2. Property Grade A Grade (per SAPOA specifications)

3. Property Information Bid proposal should clearly outline the following: - Physical address, stand number, Details of all partners to the offer, Detailed rental option, Tenant installation allowance, Building layout drawings/ plans in CAD format (space planning is not required). Building insurance information If multi tenants, provide names and detail of business

4. Parking Facilities Bid proposal should have a detailed layout of the parking areas as detailed in functionality.

5. Security Bid proposal should clearly outline the provision of security of the building: CCTV Perimeter boundary walls Access control

6. Building Compliance The following certification of compliance must be in place: Mechanical, Electrical, Municipal approved building plans, Occupation Certificate (to be provided prior the signing of the lease if not supplied with the bid ) and Fire Clearance

7. Ablutions for Male and Females

The bidder shall provide fully functional new or fully refurbished ablution facilities that meet the OHS Act requirements. If the ablutions are shared by multi companies, the landlord is to provide cleaning services.

8. Technology and Communication

Power supply to be connected and distributed through the building. Provision to be made for telecommunication lines within the building.

9. Health & Safety Building must comply with the required standards, OHS etc.; and should have Firefighting equipment in terms of the Fire Requirements (fire extinguishers, fire hoses, fire escape doors and smoke detectors etc) and these should be maintained and serviced regularly by the Landlord.

10. Maintenance Proposals should clearly specify the responsibilities of the Landlord around maintenance issues (air conditioning units, fire equipment, lifts, electricity, fumigation, plumbing work, day-to-day maintenance of the building, etc.)

1. The office premises (interior and exterior) to be fully serviced and maintained by the Landlord;

2. Turn-around time to be clearly stated on maintenance and repair work by the Landlord;

11. Building Support Services

Services must be available on occupation: Water;

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Electricity; Sanitation; and Refuse removal service

12. Lease Agreement Draft lease agreement to be attached to the bid documents

13. Occupation for Tenant Fit out Date

June 2016

4. Pro-forma lease agreement to be attached to tender document. 5. Methodology

The interested Bidders must outline the methodology it intends adopting to meet the deliverables specified above and demonstrate in their proposal:

5.1 To clearly demonstrate how they can provide the Scopes of Services required by the ECDC tabled in a document along with any supporting information. KINDLY NOTE THAT A FAILURE TO EXPRESSLY COVER THIS IN YOUR PROPOSAL WILL RESULT IN YOU PROPOSAL BEING REJECTED WITHOUT FURTHER CONSIDERATION

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CONDITIONS SPECIFIC TO THIS BID

6. Responsibilities and duties 6.1 Notwithstanding the fact that a description of the services have been provided above, ECDC shall be entitled

to request additional services related to deliverables required to ensure the successful completion of the services set out above on such further terms and conditions as may be agreed between the parties in writing.

6.2 The service provider shall at all times faithfully and timeously carry out and perform the Services and shall use its best endeavours to properly conduct, improve, extend and develop the business of ECDC in the provisioning of the services.

6.3 The Services shall as part of his duties, attend such meetings as may be required by ECDC from time to time and submit weekly or monthly progress reports on the services as may be required and requested by ECDC.

7. Obligation to perform and sub-contracting – Not Applicable 7.1 The bidder shall notify ECDC in writing of all subcontracts awarded under this contract if not already specified

in the bid. Such notification, in the original bid or later, shall not relieve the bidder from any liability or obligation under the contract.

7.2 The bidder shall not assign, in whole or in part, its obligations to perform under the contract, except with ECDC’s prior written consent.

8. Performance guarantee – Not Applicable 8.1 Within thirty (30) days of receipt of the notification of contract award, the successful bidder shall furnish to

ECDC the performance security of the amount specified above.

8.2 The proceeds of the performance security shall be payable to ECDC as compensation for any loss resulting from the bidder’s failure to complete his obligations under the contract.

8.3 The performance security shall be denominated in the currency of the contract or in a freely convertible currency acceptable to ECDC and shall be in one of the following forms:

8.3.1 A bank guarantee or an irrevocable letter of credit issued by a reputable bank located in South Africa,

acceptable to ECDC, in the form provided in the bid documents or another form acceptable to ECDC; or

8.3.2 A cashier’s or certified cheque 8.4 The performance security will be discharged by ECDC and returned to the bidder not later than thirty (30) days

following the date of completion of the bidder’s performance obligations under the contract, including any warranty obligations, unless otherwise specified in SCC.

8.5 Notwithstanding the provisions above, the bidder shall not be liable for forfeiture of its performance security, damages, or termination for default if and to the extent that his delay in performance or other failure to perform his obligations under the contract is the result of an event of force majeure.

9. Anti-dumping and countervailing duties and rights – Not Applicable 9.1 When, after the date of bid, provisional payments are required, or anti-dumping or countervailing duties are

imposed, or the amount of a provisional payment or anti-dumping or countervailing right is increased in respect of any dumped or subsidized import, ECDC is not liable for any amount so required or imposed, or for the amount of any such increase. When, after the said date, such a provisional payment is no longer required or any such anti-dumping or countervailing right is abolished, or where the amount of such provisional payment or any such right reduced, any such favourable difference shall on demand be paid forthwith by the contractor to ECDC or ECDC may deduct such amounts from moneys (if any) which may otherwise be due to the contractor in regard to supplies or services which he delivered or rendered, or is to deliver or render in terms of the contract or any other contract or any other amount which may be due to him.

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10. ECDC Facilities – Not Applicable 10.1 Unless otherwise agreed in writing by ECDC, the Service Provider will work from its own office and provide its

own facilities, such as transport, telephone, cellphone, fax and computer facilities to perform the services.

10.2 The service provider may use certain facilities made available by ECDC to assist in performing the services, including but not limited to computer facilities, telephone and fax facilities and stationery. In this regard the service provider agrees to:

10.3 Abide by the health, safety and security measures as prescribed by ECDC from time to time;

10.4 To use such accommodation and facilities entirely at his own risk and ECDC shall not be liable for any loss or damage whatsoever and howsoever caused arising out of or in connection with the use of these items, other than loss or damage caused as a result of ECDC’s own willful misconduct.

11. Force majeure 11.1 If a force majeure situation arises, the bidder shall promptly notify ECDC in writing of such condition and the

cause thereof. Unless otherwise directed by ECDC in writing, the bidder shall continue to perform its obligations under the contract as far as is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the force majeure event.

12. Warranties 12.1 The bidder warrants that the services supplied under the contract incorporate all recent improvements in

design and materials unless provided otherwise in the contract. The bidder further warrants that all designs etc supplied under this contract shall have no defect, arising from design, materials, or workmanship (except when the design and/or material is required by ECDC’s specifications) or from any act or omission of the bidder, that may develop under normal use of the supplied goods in the conditions prevailing in the country of final destination.

12.2 ECDC shall promptly notify the bidder in writing of any claims arising under this warranty.

12.3 Upon receipt of such notice, the bidder shall, within the period specified and with all reasonable speed, repair or replace the defective goods or parts thereof, without costs to ECDC.

12.4 If the bidder, having been notified, fails to remedy the defect(s) within the period specified above, ECDC may proceed to take such remedial action as may be necessary, at the bidder’s risk and expense and without prejudice to any other rights which ECDC may have against the bidder under the contract.

13. Spare parts – Not Applicable 13.1 The bidder may be required to provide any or all of the following materials, notifications, and information

pertaining to spare parts manufactured or distributed by the bidder: 13.1.1 Such spare parts as ECDC may elect to purchase from the bidder, provided that this election shall not relieve

the bidder of any warranty obligations under the contract; and

13.1.2 In the event of termination of production of the spare parts: 13.1.2.1 Advance notification to ECDC of the pending termination, in sufficient time to permit ECDC to procure needed

requirements; and

13.1.2.2 Following such termination, furnishing at no cost to ECDC, the blueprints, drawings, and specifications of the spare parts, if requested.

14. Insurance 14.1 The service provider shall be fully insured in a freely convertible currency against loss or damage incidental to

the service provided – public liability.

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15. Responsibility to perform 15.1 Delivery of the goods and performance of services shall be made by the bidder in accordance with the time

schedule prescribed by ECDC in the contract.

15.2 If at any time during performance of the contract, the bidder or its subcontractor(s) should encounter conditions impeding timely delivery of the goods and performance of services, the bidder shall promptly notify ECDC in writing of the fact of the delay, it’s likely duration and its cause(s). As soon as practicable after receipt of the bidder’s notice, ECDC shall evaluate the situation and may at his discretion extend the bidder’s time for performance, with or without the imposition of penalties, in which case the extension shall be ratified by the parties by amendment of contract.

15.3 ECDC reserves the right to procure outside of the contract small quantities or to have minor essential services executed if an emergency arises, the bidder’s point of supply is not situated at or near the place where the supplies are required, or the bidder’s services are not readily available.

15.4 A delay by the bidder in the performance of its delivery obligations may render the bidder liable to the imposition of penalties, unless an extension of time is agreed upon without the application of penalties.

15.5 ECDC shall, without prejudice to its other remedies under the contract, deduct from the contract price, as a penalty, a sum calculated on the delivered price of the delayed goods or unperformed services using the current prime interest rate calculated for each day of the delay until actual delivery or performance.

15.6 ECDC may also consider termination of the contract.

16. Duration of the contract 16.1 It is anticipated that the appointment/lease agreement will be made during June 2016 and the service provider

will be expected to be available and start immediately as soon as an Agreement is signed.

16.2 The successful Bidder shall be required to complete and submit the signed lease agreement by mid to end June 2016.

16.3 The duration of the lease is for a period of five (5) years and ECDC to have the right of first refusal on extension of the lease.

16.4 Upon any delay beyond the delivery period in the case of a supplies contract, ECDC shall, without cancelling the contract, be entitled to purchase supplies of a similar quality and up to the same quantity in substitution of the goods not supplied in conformity with the contract and to return any goods delivered later at the bidder’s expense and risk, or to cancel the contract and buy such goods as may be required to complete the contract and without prejudice to his other rights, be entitled to claim damages from the bidder.

17. Payments and tax 17.1 Payments shall only be made in accordance with the fees as quoted in this documentation. Prices charged by

the bidder for goods delivered and services performed under the contract shall not vary from the prices quoted by the bidder in this bid, with the exception of any price adjustments authorized at ECDC’s request for bid validity extension, as the case may be.

17.2 ECDC will re-imburse the service provider for expenses and disbursements incurred subject to the submission of satisfactory proof that such expenses and disbursements have been incurred and subject to it being within the budget as indicated in this documentation.

17.3 The service provider shall from time to time during this contract duration furnish ECDC with a VAT compliant tax invoice accompanied by a copy of the delivery note and upon fulfilment of other obligations stipulated in the contract. Each invoice must be accompanied by a detailed timesheet and expense claim forms substantiating the amount claimed.

17.4 Payments shall be made promptly by ECDC in Rand, but in no case later than thirty (30) days after submission of a VAT compliant tax invoice and supporting documentation by the service provider if the services have been properly executed as agreed.

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17.5 The service provider shall retain all proof of expenditure and maintain such accounts and records as are reasonable necessary, claimed above, should ECDC require an audit to substantiate that expenditure and allows ECDC’s own personnel or an independent auditor access to those records.

17.6 Should the above audit reveal that ECDC has been overcharged, the Service Provider will re-imburse the ECDC the amount overcharged within 30 days inclusive of interest calculated at prime plus 2% per annum;

17.7 A foreign bidder shall be entirely responsible for all taxes, stamp duties, license fees, and other such levies imposed outside the Republic of South Africa.

17.8 A local bidder shall be entirely responsible for all taxes, duties, license fees, etc., incurred until delivery of the contracted goods to ECDC.

of 36 Provision of Rentable Office Space for ECDC East London ECDC/ELN /125/042016

SECTION D

Annexure A: General Information

1 Legal Name 9 Mobile number

2 Trading Name 10 Fax Number

3 Registration Number

11 e-Mail address

4 Physical address

12 VAT number

5 Postal address

13 Web site address

6 Contact person

14 BBBEE level/status (as per DTI codes)

7 Title 15 Date of Inception

8 Landline number

16 Years’ in Operation / Experience

Annexure B: Location

1 Where is the Bidder’s main office?

Other offices:

Annexure C: Profile

1 How many full time staff will be involved in this project?

2 Provide the names of the full time staff members and indicate the portfolios for which they are responsible.

Name of staff member Designation Qualifications and Years’ Experience (indicate with Y/N & no. of years) Attach certified proof of qualifications and CVs

3. Comments:


Annexure D: Experience (If appropriate)

1 Provide details of the Company’s experience in working on similar projects (maximum of 5).

Projects Completed Date Completed Method Used Approximate Cost Contactable References

2 Comments:

Services

1 Below is a list of services. Please tick those services that the Company is able to provide and indicate whether these services are provided from in-house resources or contracted in from partners/service providers.

Service In-house Out-sourced Approx. % of revenue generated from this service in past 12 months

Key institution for whom this service is currently provided


Annexure E: Form of Offer and Acceptance Offer

Project: PROVISION OF RENTABLE OFFICE SPACE FOR ECDC IN EAST LONDON

Bid No.: ECDC/ELN/125/042016

The tenderer, identified in the offer signature block, has examined the documents listed and requested in this

proposal and all 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

remuneration to be determined in accordance with the conditions identified in this proposal.

The offered price for the services , inclusive of value added tax carried forward from

Annexure G: Price Schedule, is

R ………………………………………………………………………….. (in figures)

…………………………………………………………….………………………………………………………………………

..……………………………………………………………………………..………………………………………………………

Rand (in words)

This offer may be accepted by the Employer by signing the acceptance part of this form of offer and acceptance

and returning one copy of this document to the tenderer before the end of the period of validity stated in the Tender

data, whereupon the tenderer becomes the party named as the Service Provider in the conditions of Contract

identified in the Contract Data.

THIS OFFER IS MADE BY THE FOLLOWING LEGAL ENTITY:

OR

Company

………………………………………………………………….

And: whose registration number is:

…………………………………………………………………

And: whose income tax reference number is:

…………………………………………….…………………..

Close corporation:

………………………………………………………………

And: whose registration number is:

………………………………………………………………

And: whose income tax reference number is:

……………………………………………….………………

Trading under the name and style of:

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


AND WHO IS:

Represented herein, and who is duly authorized to do so,

by:

Mr/Mrs/Ms:

…………………………………………………………………

In his/her capacity as:

………………………………….………………………………

Note:

A resolution/power of attorney, signed by all the

directors/ members/ partners of the legal entity must

accompany this offer, authorizing the representative to

make this offer.

SIGNED FOR THE TENDERER:

Name of Representative Signature Date

The tenderer elects as its domicilliumcitandi et executandi in the Republic of South Africa, where any and all legal

notices may be served, as (physical address)

……………………………………………………...……………………………………………………………………………….

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

Other contact details of the tenderer are:

Telephone no

:…………….………………………………………………………………………………………………………….

Cellular phone no

:.……………………………………………………………………………………………………………………….

Fax no

:…………….………………………………………………………………………………………………………….

Postal address

:……......…………………………………………………………………………………………………………….

Banker

:………………………………………………………………………..……………………………………………..

Branch

:..……………………………………………………………………………………………………………………..


Annexure G: Pricing Schedule Services

Bidders are required to expressly cover their proposed fee/price and/ disbursement structure based on the activities they propose undertaking to provide the services requested in this call for proposals.

The ECDC reserves the right to negotiate any aspect of the proposed fees/pricing and disbursements with the preferred Bidder and shall not be bound to the fees/pricing and disbursements submitted by any Bidder.

The Bid Fees/Prices must remain valid for a period of 90 days from date of closure of bid.

ECDC reserves the right to request the Bidder’s latest audited financial statements in order to ascertain financial stability of the Bidder prior to award of the bid. Failure by the Bidder to provide the latest audited financial statements may invalidate the bid.

KINDLY NOTE THAT A FAILURE TO RETURN THE PRICING SCHEDULE IN YOUR PROPOSAL WILL RESULT IN YOU PROPOSAL BEING REJECTED WITHOUT FURTHER CONSIDERATION

BIDDERS ARE TO COMPLETE THE PRICING SCHEDULE BELOW AND MAY AMEND THIS SCHEDULE TO SUITE THEIR OFFER IF REQUIRED.


ANNEXURE G cont: PRICING SCHEDULE

Total Square meters

Rate/m2 (Vat Excl) Monthly Costs YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5

Office Rental

Office size available

Costs for Office Rental R R R R R R

Percentage escalation % % % %

Total Costs for Office Rental R R R R R R

Other Costs

Operating costs R R R R R R

Breakdown of operating costs:

1.

2.

3.

Total Costs for Operating cost R R R R R R

Tenant fit out allowance: R

Total for Office Rental for 5 years: R

Total for Operating Costs for 5 years: R

Less the tenant fit out allowance value: R

Subtotal R

Vat R

TOTAL BID PRICE (Carried forward to Form of Offer and Acceptance

R

Total bid offer in rand value: _________________________________________ Value written in words:_________________________________________________________________________________________________________________________________ Bidder Signature: _________________________________________


Annexure F: Preference Point Claim in terms of the Preferential Procurement Regulations 2011

Before completing this form, bidders must study the general conditions, definitions and directives applicable in respect of B-BBEE, as prescribed in the preferential procurement regulations, 2011.

Failure on the part of a bidder to fill in and/or to sign this form and submit a B-BBEE Verification Certificate from a Verification Agency accredited by the South African Accreditation System (SANAS) or a Registered Auditor approved by the Independent Regulatory Board of Auditors (IRBA) or an Accounting Officer as contemplated in the Close Corporation Act (CCA) or B-BBEE Sworn Affidavit signed by a Commissioner of Oaths together with the bid, will be interpreted to mean that preference points for B-BBEE status level of contribution are not claimed. ECDC reserves the right to require of a bidder, either before a bid is adjudicated or at any time subsequently, to substantiate any claim in regard to preferences, in any manner required.

Describe Principal Business Activities:

Company Classification – refer Standard Company Classification Code and Description

Total number of years the company/firm has been in business?

B-BBEE STATUS LEVEL OF CONTRIBUTION CLAIMED IN TERMS OF ABOVE PARAGRAPHS

(Points claimed must be in accordance with the table reflected in this document and must be substantiated by means of a B-BBEE certificate issued by a Verification Agency accredited by SANAS or a Registered Auditor approved by IRBA or an Accounting Officer as contemplated in the CCA).

B-BBEE Status Level of Contribution: Points claimed (maximum of 10 points)

Will any portion of the contract be sub-contracted? Yes No

If yes,

what percentage of the contract will be subcontracted? %

(ii) the name of the sub-contractor

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

(iv) whether the sub-contractor is an EME? Yes No

I/we, the undersigned, who is / are duly authorised to do so on behalf of the company/firm, certify that the points claimed, based on the B-BBE status level of contribution indicated above declaration supported by a certificate, qualifies the company/ firm for the preference(s) shown and I / we acknowledge that:

The information furnished is true and correct;

The preference points claimed are in accordance with the General Conditions as indicated in paragraph 1 of this form.

In the event of a contract being awarded as a result of points claimed as shown above the contractor may be required to furnish documentary proof to the satisfaction of the purchaser that the claims are correct;

If the B-BBEE status level of contribution has been claimed or obtained on a fraudulent basis or any of the conditions of contract have not been fulfilled, the purchaser may, in addition to any other remedy it may have –disqualify the person from the bidding process;

recover costs, losses or damages it has incurred or suffered as a result of that person’s conduct; cancel the contract and claim any damages which it has suffered as a result of having to make less favourable arrangements due to such cancellation; restrict the bidder or contractor, its shareholders and directors, or only the shareholders and directors who acted on a fraudulent basis, from obtaining business from any organ of state for a period not exceeding 10 years, after the audit alteram partem (hear the other side) rule has been applied; and forward the matter for criminal prosecution

SIGNATURE OF BIDDER DATE


Annexure H: Declaration of interest (bidder) (SBD4)

Any legal person, including persons employed by ECDC and the state, or persons having a kinship with persons employed by ECDC and the state, including a blood relationship, may make an offer or offers in terms of this invitation to bid (includes an advertised competitive bid, a limited bid, a proposal or written price quotation). In view of possible allegations of favouritism, should the resulting bid, or part thereof, be awarded to persons employed by the state, or to persons connected with or related to them, it is required that the bidder or his/her authorised representative declare his/her position in relation to the evaluating/adjudicating authority where- the bidder is employed by ECDC and the state; and/or the legal person on whose behalf the bidding document is signed, has a relationship with persons/a person who are/is involved in the evaluation and or adjudication of the bid(s), or where it is known that such a relationship exists between the person or persons for or on whose behalf the declarant acts and persons who are involved with the evaluation and or adjudication of the bid.

In order to give effect to the above, the following questionnaires must be completed and submitted with the bid by both the bidder or authorised representative of the bidder and each director / trustee / member / shareholder must complete the attached questionnaire;

Are you or any person connected with the bidder presently employed by ECDC or the state? Yes No

If yes furnish the following details:

Name of person / director / trustee / shareholder/ member:

Name of state institution at which you or the person connected to the bidder is employed :

Position occupied in the said institution:

Any other particulars:

If you are presently employed by ECDC or the state, did you obtain the appropriate authority to undertake remunerative work outside employment in the public sector?

Yes No

If yes, did you attach proof of such authority to the bid document? Yes No

(Note: Failure to submit proof of such authority, where applicable, may result in the disqualification of the bid.

If no, furnish reasons for non-submission of such proof:

Did you or your spouse, or any of the company’s directors / trustees / shareholders / members or their spouses conduct business with ECDC or the state in the previous twelve months?

Yes No

If so, furnish particulars:

Do you, or any person connected with the bidder, have any relationship (family, friend, other) with a person employed by ECDC and who may be involved with the evaluation and or adjudication of this bid?

Yes No


Are you, or any person connected with the bidder aware of any relationship (family, friend, other) between any other bidder and any person employed by ECDC who may be involved with the evaluation and or adjudication of this bid?

Yes No


Do you or any of the directors / trustees / shareholders / members of the company have any interest in any other related companies whether or not they are bidding for this contract?

Yes No

If so, furnish particulars


The full details of all directors / trustees / members / shareholders must be provided.

Full Name Identity Number Personal Income Tax Reference Number

State Employee Number / Personal Number (if applicable)

SIGNATURE DATE


Annexure I: Declaration of interest (to be completed by each director / trustee / member / shareholder mention above) (SBD4)

Details Details to be provided

Full Name of director / trustee / member / shareholder

Identity Number:

Position occupied in the Company (director, trustee, shareholder, member)

Are you or any person connected with the bidder presently employed by ECDC or the state? Yes No

If yes furnish the following details:

Name of person / director / trustee / shareholder/ member:

Name of state institution at which you or the person connected to the bidder is employed :

Position occupied in the state institution:

Any other particulars:

If you are presently employed by ECDC or the state, did you obtain the appropriate authority to undertake remunerative work outside employment in the public sector?

Yes No

If yes, did you attach proof of such authority to the bid document? Yes No

Note: Failure to submit proof of such authority, where applicable, may result in the disqualification of the bid.

If no, furnish reasons for non-submission of such proof:

Did you or your spouse, or any of the company’s directors / trustees / shareholders / members or their spouses conduct business with ECDC or the state in the previous twelve months?

Yes No


Do you, or any person connected with the bidder, have any relationship (family, friend, other) with a person employed by ECDC who may be involved with the evaluation and or adjudication of this bid?

Yes No


Are you, or any person connected with the bidder aware of any relationship (family, friend, other) between any other bidder and any person employed by ECDC who may be involved with the evaluation and or adjudication of this bid?

Yes No


Do you or any of the directors / trustees / shareholders / members of the company have any interest in any other related companies whether or not they are bidding for this contract?

Yes No

If so, furnish particulars

DECLARATION I, the undersigned, certify that the information furnished above is correct. I accept that ECDC may reject the bid or act against me should this declaration prove to be false.

SIGNATURE DATE


Annexure J: Declaration of bidders past supply chain management practices (SBD 8)

This declaration will be used to ensure that when goods and services are being procured, all reasonable steps were taken to combat the

Abuse of the supply chain management system.

The bid of any bidder may be disregarded if that bidder, or any of its directors have-abused ECDC’s supply chain management system;

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

failed to perform on any previous contract.

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

Have you (bidder and directors) been listed on the National Treasury’s Database of Restricted Bidders as companies or persons prohibited from doing business with the public sector?

Yes No


Have you (bidder or any of directors) been listed on the Register for Bid Defaulters in terms of section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004)?

Yes No


Have you (bidder or any of the 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 No


Was any contract between you (the bidder) and any organ of state including ECDC terminated during the past five years on account of failure to perform on or comply with the contract?

Yes No


I /we, the undersigned, who is / are duly authorised to do so on behalf of the company/firm, certify that the information provided above is true and correct and that I / we acknowledge that ECDC may, in addition to any other remedy it may have –

cancel the contract and claim any damages which it has suffered as a result of having to make less favourable arrangements due to such cancellation; forward the matter for criminal prosecution



Annexure K: Certificate of independent Bid determination (SBD 9)

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

1). Collusive bidding is a pe se prohibition meaning that it cannot be justified under any grounds.

I, the undersigned, in submitting the accompanying bid do hereby make the following statements that I certify to be true and complete in every respect:

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

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

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

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;

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

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.

In particular, without limiting the generality of paragraphs 6 above, there has been no consultation, communication, agreement or arrangement with any competitor regarding:

prices;

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.

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.

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.

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.


1 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.