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Page 1: TABLE OF CONTENTS - Amathole Hamburg Fire W… · The Conditions of Contract are clauses 1 to 41 of the JBCC Series 2000 Principal Building Agreement (Edition 4.1 of March 2005) prepared
Page 2: TABLE OF CONTENTS - Amathole Hamburg Fire W… · The Conditions of Contract are clauses 1 to 41 of the JBCC Series 2000 Principal Building Agreement (Edition 4.1 of March 2005) prepared

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TABLE OF CONTENTS

SECTION A: TENDERING PROCEDURE

Tender conditions…………………………………………………………………………………………………………….4 Schedule/ bill of quantities .................................................................................................... 7

Pre-qualification Assessment……………………………………………………………………………………………25 SECTION B: RETURNABLE DOCUMENTS MBD 2 Tax clearance requirements ......................................................................... 27 JV Requirements ......................................................................................... 30

Evaluation of tender offers………………………………………………………………………..31 MBD 6.1 Preference Points claim form ................................................................... ….32

Form of offer &acceptance .......................................................................... 40

Past experience .......................................................................................... 44 Company Ownership.................................................................................... 48

MBD 4 Declaration of Interest (In the Service of the State)…………………………………….51

MBD 8 Declaration of Bidder’s Past SCM Practices…………………………………………………54 MBD 9 Certificate of Independent Bid Determination………………………………………………………..56

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SECTION A TENDERING PROCEDURE

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TENDER CONDITIONS

1. DEFINITIONS The word “Bidder/Tender” in these conditions shall mean and include any firm of Contractors, Suppliers, Service Providers or any company or body incorporated or unincorporated. The word “Municipality” in these conditions shall mean the Amathole District Municipality. 2. DISQUALIFYING FACTORS

(a) Proof of company registration and/or any other form of legal standing must be

submitted by all bidders. (b) The following declaration forms must be completed: Form of offer MBD 4 : Declaration of Interest (In the Service of the State) MBD 5: Declaration of Procurement above R10m MBD 8 : Declaration of Bidder’s Past SCM Practices MBD 9 : Certificate of Independent Bid Determination The bidder must be registered with the cidb as per the tender advertisement.

All forms, annexures, addendums and specifications shall be signed and completed and returned with the Bid Document as a whole.

Failure to sign and / or complete the declaration part of this bid will result in the

bid being disqualified.

The lowest or any Bid will not necessarily be accepted.

(c) The bid document must be completed in all respects in non-erasable ink. (d) Bids must be submitted on original bid documents. (e) Bid documents must remain intact and no portion may be detached. 3. PERIOD OF VALIDITY FOR BIDS AND WITHDRAWAL OF BID AFTER

CLOSING DATE

All Bids must remain valid for a period of thirty (30) days from the closing date as stipulated in the Bid document.

4. VALUE ADDED TAX

In calculating the cost of the supply and delivery of services and / or material, the supplier will issue a “Tax Invoice” for all services rendered and / or materials supplied, which will reflect the exclusive cost of such services, goods or materials with the relevant Value Added Tax being added to the total.

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VAT must be included in the Bid price, but must be shown separately.

5. PRICE ESCALATION

No claim in respect of any price escalation will be considered by the Municipality unless it is specifically stated in the Pricing Annexure that the Bid is subject to price escalation. When escalation is claimed for during the contract period, proof of such escalation must be furnished and the calculation itself must be submitted to corroborate such proof. Escalation will only be calculated on the official index figures supplied by the Department of Statistics or the Price Controller, which ever may be applicable. All orders placed will be based on the current Bid prices. It is the responsibility of the Bidder to inform Council of any escalation prior to implementation of the escalated price. Failure to do so will negate any such claims to Council.

6. AUTHORITY TO SIGN BID DOCUMENTS

In the case of a Bid being submitted on behalf of a company, close corporation or partnership, evidence must be submitted to the Municipality at the time of submission of the Bid that the Bid has been signed by persons properly authorised thereto by resolution of the directors or under the articles of the entity.

7. CLOSING DATE / SUBMITTING OF BIDS

Bids must be submitted in sealed envelopes clearly marked “Bid for contract 8/2/419/2014-2015(R), Hamburg fire station: External Works Paving”. The Bid must be deposited in the bid box, Waverly Office Park, Ground floor 3-33 Philip Frame, Chiselhurst, 5247 not later than Friday, 20 February 2015 Thereafter bids will be opened in public.

8. BID ENQUIRIES

Please refer all enquiries to Mr X. Tyindyana at 043 701 5839 during normal office hours viz. 07:30 – 16:00 Mondays to Fridays.

9. CONDITIONS OF CONTRACT

The Conditions of Contract are clauses 1 to 41 of the JBCC Series 2000 Principal Building Agreement (Edition 4.1 of March 2005) prepared by the Joint Building Contracts Committee as well as the cidb’s Standard Condition of tender.

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SECTION B BILL OF QUANTITIES

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BILL OF QUANTITIES

ITEM NO

DESCRIPTION UNIT QUANTITY RATE AMOUNT

BILL NO. 1 PRELIMINARIES

1 PRELIMINARIES

CPAP WORK GROUP

Unless otherwise stated all items in this bill will be Work Group 190

NOTES

i) The agreement is to be the JBCC Series 2000

Principal Building Agreement, Edition 4.1 Code 2101,

March 2005, and other contract documents that

together form the contract between the employer and

contractor

ii) The preliminaries are to be the JBCC Series 2000

Preliminaries prepared by the Joint Building Contracts

Committee, May 2005 edition and shall be deemed to

be incorporated herein

iii) Tenderers are referred to the abovementioned

documents for the full intent and meaning of each

clause thereof (hereinafter referred to by heading and

clause number only) for which such allowance must be

made as may be considered necessary

SECTION A: PRINCIPAL BUILDING AGREEMENT

Site representative (clause 6)

F:............................. V:............................ T:............................

Item

Compliance with regulations (clause 7)

F:............................. V:............................ T:..

Item

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

Works risk (clause 8)

F:............................. V:............................ T:............................

Item

Works insurances (clause 10)

F:......................... V:............................ T:............................

Item

Liability insurances (clause 11)

F:......................... V:............................ T:............................

Item

Effecting insurance (clause 12)

F:............................. V:............................ T:............................

Item

Security (clause 14)

F:......................... V:............................ T:............................

Item

Access to the works (clause 16)

F:............................. V:............................ T:............................

Item

Setting out of the works (clause 18)

F:............................. V:............................ T:............................

Item

Completion (A24-A30)

Practical completion (clause 24)

F:............................. V:............................ T:............................

Item

Works completion (clause 25)

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F:............................. V:............................ T:............................

Item

Final completion (clause 26)

F:............................. V:............................ T:............................

Item

Latent defects liability period (clause 27)

F:............................. V:............................ T:............................

Item

Revision of date of practical completion (clause 29)

F:............................. V:............................ T:............................

Item

Penalty for non-completion (clause 30)

F:............................. V:............................ T:............................

Item

Payment (A31 - A35)

Interim payment to the contractor (clause 31)

Payments to be made in 30 days from the date of invoice

F:............................. V:............................ T:............................

Item

Final account and final payment (clause 34)

F:............................. V:............................ T:............................

Item

Dispute (A40)

Dispute Settlement (clause 40)

F:............................. V:............................ T:............................

Item

THE SCHEDULE

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Information necessary for completion of those clauses

contained in the schedule which are necessary for tender

purposes is given hereunder

42.2 CONTRACT DETAILS

42.2.2 Site Description:

The site is situated on ERF 215 in Hamburg.

42.2.5 Possession of the site shall be given to the contractor

within 7 (seven) days of acceptance of the tender

42.2.6 The period for commencement of the works will be 7

(seven) days

42.2.7 The intended date of practical completion and the

penalty for each day of non-completion:

Contract Period: Three (03) months (Exclusive of Builders Shut

Down and Statutory Holidays) from date of site handover

Penalty Amount: R 4.75 per R100 of tender amount per

calendar day

42.3 INSURANCES

42.3.1 Contract Works Insurances to be effected by

the Contractor for the Contract Sum plus 10% with a

deductible of not exceeding 5% of each and every claim

F:............................. V:............................ T:............................

Item

42.3.2 Supplementary Insurance Required : Yes

Contract Sum plus 10%

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F:............................. V:............................ T:............................

Item

42.3.3 Public Liability Insurance to be effected by the

Contractor

42.4 DOCUMENTS

42.4.1 Waiver of Contractors Lien is required

F:............................. V:............................ T:............................

Item

42.4.6 Contract Value to be Adjusted using Escalation Indices :

The contract will be adjusted in terms of the JBCC Contract

Price Adjustment Provisions.

Selected Specialist work will be put out to tender on a fixed sum

contract basis. This will be clearly indicated within the

respective tender documents.

F:............................. V:............................ T:............................

Item

SECTION B: PRELIMINARIES

Definition and interpretation (B1)

Bills of Quantities (1.1)

The site (B3)

Inspection of the site (B3.3)

F:............................. V:............................ T:............................

Item

Existing premises occupied (B3.4)

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F:............................. V:............................ T:............................

Item

Management of contract (B4)

Management of the works (B4.1)

F:............................. V:......................... T:......................... Item

Programming for the works (B4.2)

F:............................. V:............................ T:............................

Item

Progress meetings (B4.3)

F:............................. V:............................ T:............................

Item

Technical meetings (B4.4)

F:............................. V:............................ T:............................

Item

Labour and plant records (B4.5)

F:............................. V:............................ T:............................

Item

Plant, equipment, sheds and offices (B6.4)

F:........................... V:............................ T:........................ Item

Main notice board (B6.5)

F:......................... V:............................ T:............................

Item

Temporary services (B7)

Location (B7.1)

F:............................. V:............................ T:............................

Item

Water (B7.2)

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F:........................ V:............................ T:......................... Item

Electricity (B7.3)

F:........................ V:............................ T:.......................... Item

Telecommunication equipment (B7.4)

F:............................. V:............................ T:........................

Item

Ablution facilities (B7.5)

F:............................. V:............................ T:........................

Item

General (B11)

Protection of works (B11.1)

F:............................. V:............................ T:............................

Item

Protection/isolation of existing/sectionally occupied works

(B11.2)

F:............................. V:............................ T:............................

Item

Site security (B11.3)

F:............................. V:............................ T:........................

Item

Works cleaning and clearing (B11.7)

F:............................. V:............................ T:............................

Item

Overhand work (B11.9)

F:............................. V:............................ T:............................

Item

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12.1.11 Offices (B6.4.3)

The Contractor shall provide, maintain and remove on

completion of the works, a temporary site office and chairs to

accommodate at least eight people at any one time and remove

on completion of the works. The office shall be kept clean and

fit for use at all times.

12.1.12 Main notice board (B6.5)

The Contractor shall provide, erect where directed, maintain

and remove on completion of the works a notice board size 3 x

3 m high as per Architects detail, constructed of suitable

boarding with flat smooth surface and with edging bead 19 mm

thick round outer edges and projecting 12 mm from face of

boarding and rounded on front edge. The board shall be

securely fixed to hoarding, where hoarding is provided, or fixed

to and including a suitable supporting structure of timber or

tubular posts and braces. The board is to be painted ivory white

and the bead and 12 mm wide dividing lines dark blue. All

wording shall be inscribed in black sans serif lettering.

Occupational Health and Safety Specification (C15):

Tenderers must allow for compliance with all relevant statutory

requirements as well as any specific requirements by the client

as contained in these documents. Tenderers must note the

following requirements and arrangements regarding the Health

and Safety requirements.

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A Health and Safety file with the necessary documentation plan

and personnel identification is to be supplied by the Contractor

and is to be kept on site at all times.

The contractor will retain the Health and Safety file and

continue to update the required documentation by supplying

and completing all the necessary and required documentation

including the construction application form, the demolition

permit, etc.

Monthly audits on the project in BIFSA format must be done by

an approved auditor and all results of these audits are to be

kept in the Health and Safety file. The contractor must supply

the Principal Agent with the details of the auditor for approval.

The contractor must arrange for the audits to be carried out on

a monthly basis.

The contractor must supply all documentation required for the

Health and Safety file within 7 (seven) days after which a

meeting will take place to be attended by the client, the principal

agent and the contractor to discuss and agree the contents of

the Health and Safety file and all aspects of the Health and

Safety plan.

On completion of the project a copy of the Health and Safety

file, complete with all documentation, reports, etc. must be

handed to the client for record purposes.

The contractor will be responsible for all costs relating to the

implementation and compliance with the Health and Safety

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Plan, Act, etc. and must allow for all audit costs, maintenance

of the Health and Safety file and all pertinent costs.

The Contractor shall with reference to the Health and Safety

Specifications, and without limiting his obligations in terms of

the Occupational Health and Safety Act, 1993, allow for the

following items in his costing.

1) Develop Health and Safety Plans for the Contractor and

Subcontractors

2) Provide Risk Assessments for the Contractor and

Subcontractors

3) Provide and manage resources to implement and maintain

the Safety Plans of the Contractor and Subcontractors

4) Comply with all the requirements of the Act and all its

regulations and incorporated standards with regards to the

design, supply, storage and erection of materials used for

temporary and permanent work

5) Comply with all the requirements of the Act and all its

regulations and incorporated standards with regards to

construction welfare facilities, environmental regulations,

housekeeping on construction sites, fire precaution on

construction sites, structures, watching, barricading and

lighting, site clearance, concrete, etc.

6) Administration, reporting, training, inspections and

monitoring required to implement the Contractor's Health and

Safety Plan

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7) Internal audits

8) Other Health and Safety obligations

F:.......................... V:..........................T:........................ Item

Local Labour And Local Building Materials (C17)

C17.1 General

The Contractor's attention is drawn to the Labour Intensive

Methods and requirements incorporated in the tender

documents.

All requirements of the aforementioned are to be priced

hereunder; no additional items or extras to the contract in this

regard will be entertained.

F:............................. V:............................ T:............................

Item

C17.2 Local Building Materials

Preference shall be given to the supply of materials produced

or manufactured in the Eastern Cape Province provided that:

(a) Such materials comply in all respects with the

specific requirements of the "Model Preambles For

Trades".

(b) The availability of such materials shall not adversely

affect the desired progress of the specific works.

(c) The use of such materials shall not constitute

grounds for any claim for increased cost in respect

thereof.

F:............................ V:......................... T:............................

Item

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C17.4 Transport And Accommodation

Transport and accommodation of workers for training where it

is not possible to undertake the training in close proximity to the

site.

F:............................. V:............................ T:............................

Item

Local Labour (C18)

It is an explicit condition of this tender that a minimum of 30%

of the Contractors labour force must comprise of persons

normally resident in the locality of the works (local labour) and

hence must be employed on this contract. Provided, however,

that should adequate and appropriate labour not be available

within the locality, other labour may be employed subject to

satisfactory proof that every reasonable endeavour has been

made to employ labour from the immediate locality. The

contractor shall identify the local community leaders with the

purpose of negotiating with them regarding the utilisation of

local labour in the construction process.

F:............................. V:............................ T:............................

Item

Labour Intensive Construction Methods (C19)

It is an explicit condition of this tender that labour intensive

construction methods be adopted on this project where at all

possible.

F:............................. V:............................ Item

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T:............................

TOTAL PRELIMINARIES CARRIED TO FINAL SUMMARY

2 BILL NO. 2 EXTERNAL WORKS

FOUNDATIONS (PROVISIONAL)

PREAMBLES

For Preambles see "Specification of materials and methods to

be used - PW 371"

SUPPLEMENTARY PREAMBLES

Nature of material to be excavated

The material to be excavated is assumed to be predominantly

of a composition that will allow excavation in "earth" as

specified, but including a percentage of excavation in "soft rock"

and "hard rock".

Carting away of excavated material

Descriptions of carting away of excavated material shall be

deemed to include loading excavated material onto trucks

directly from the excavations, or alternatively, from stock piles

situated on the building site.

Filling

Notwithstanding the reference to prescribed multiple handling in

clause 1 page 6 of the Standard System of Measuring Building

Work, prices for filling and backfilling shall include for all

selection and any necessary multiple handling of material.

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Dewatering of excavations

The Contractor shall allow for removing seepage and other

water from subterranean sources from the excavations by

pumping, baling or otherwise.

Accurate records of all such dewatering shall be kept to

determine the total volume of water so removed and a clear

distinction shall be made between water from subterranean

sources and other water.

Density testing on filling

Rates for filling, etc. shall include for all density and soil type

testing to prove that the specified compaction is achieved.

When additional testing is done on instruction of the Principal

Agent and these tests are successful, they will be paid for

additionally.

Prices for filling are to include for all necessary density tests in

accordance with SABS 1200D.

Formwork

Formwork to sides of bases, pile caps, ground beams, etc will

only be measured where it is prescribed by the engineer for

design reasons. Formwork necessitated by irregularity or

collapse of excavated faces will not be measured and the cost

thereof shall be deemed to be included in the allowance for

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taking the risk of collapse of the sides of the excavations,

provision for which is made in "Earthworks".

Labour Intensive Construction Methods

Labour intensive construction methods are to be adopted at all

times where at all possible and all rates will be deemed to

include for these labour intensive methods.

EARTHWORKS

EXCAVATION, FILLING, ETC

Excavation in earth not exceeding 2 m deep in :

Reduce levels in earth m³ 67.37

Extra over trench excavations in earth for excavation in:

Soft rock m³ rate only

Hard rock m³ rate only

Extra over all excavations for carting away:

Surplus material from excavations and/or stock piles on site to

a dumping site to be located by the contractor (Measured nett

with no allowance made for bulking) m³ 10

Ditto, but spread and levelled within 100 m radius over site

m³ 4

Risk of collapse of excavations:

Sides of trench and hole excavations not exceeding 1,5 m deep

m² rate only

Keeping excavations free from water :

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Keeping excavations entirely free from mud and all water other

than from subterranean sources Item

Dewatering

Removal of seepage and other water from subterranean

sources from excavations Litres rate only

FILLING, ETC

Approved earth filling (G7) supplied and carted on to site by the contractor

spread, well watered and compacted in layers not exceeding 150 mm

thick to obtain 98% Mod AASHTO density under floors, kerbs, paving etc.

m³ 34.33

Ditto approved filling but G5 with 98% Mod AASHTO density

m³ 16.89

Ditto approved filling but C3 (stabiliser) with 83% Mod AASHTO density

m³ 14.12

Compaction of surfaces, paving etc:

Compaction of in-situ material under floors, etc including scarifying for a

depth of 150 mm, breaking down oversize material, adding suitable

material where necessary and compacting to 95% Mod AASHTO density

m² 114.4

Extra over for filling gaps on paving with sand, compacting and wetting.

m³ 2.86

PROTECTION AGAINST TERMITES

Soil insecticide :

Under floors, paving etc including forming and poisoning shallow

furrows against foundation walls, etc and filling in furrows and

Ramming. m² 114.4

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Prescribed density tests on filling

"Modified AASHTO Density" test on fill material No 4

CONCRETE

(CPAP Work Group No. 110 Unless Otherwise Stated)

UNREINFORCED CONCRETE

15 MPa/19 mm Stone mass concrete in:

Concrete haunching on kerbs m³ 5

Storm water channel:

15MPa concrete 900 x 75mm 'V' channel 60mm deep laid in position in ground

in 2500mm sections, including all excavations, formwork, compaction, grading,

carting away, etc. No 1

Extra over for angles, intersections, ends, dressing into sides of catch pits, etc.

No 1

TEST BLOCKS

Making and testing concrete test tubes 150 x 150 x 150 mm

Sets 2

PRECAST CONCRETE, PAVING BLOCKS ETC.

1058 and the Concrete Masonry Association's specifications.

Plain Precast Cement Concrete (25MPa) Interlocking ,paving

bricks Size 200 x 100 x 80mm Thick Laid in herringbone pattern on

25mm thick sand bed and with sand/Cement Mix Swept Into

Joints Between Pavers (e/m) m² 114.4

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Kerb as SABS 927 fig. 8C size 300 x 200 mm high overall,

laid

in lengths not exceeding 1000 mm on a well rammed earth

bottom or base course, bedded on a 50mm thick x 300 mm

wide layer of 8.1 cement mortar with 175 x 175 mm cement

concrete (15MPa) triangular haunching behind kerb and jointed

in 3.1 cement mortar m 70

Ditto, but circular on plan to radius not exceeding 4 m m 12.8

TOTAL EXTERNAL WORKS CARRIED TO FINAL SUMARY

PRELIMINARIES

EXTERNAL WORKS

Sub Total

CONTINGENCIES

14% Vat

TENDER AMOUNT

Time for Completion of Contact(3 Months)

Signature of Tender

On behalf

Date

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SCOPE OF WORK

Paving works for heavy duty vehicles.

SPECIAL CONDITION OF BID

The Foreman for this project must submit one page summary CV together with Trade Test

Certificate in Artisan: Paver and / or Bricklayer.

Failure to comply with the Special Condition of bid will result in disqualification.

COMPULSORY BRIEFING SESSION / SITE INSPECTION

Compulsory briefing session will be held on Friday, 13 February 2015 at 11h00. Prospective

bidders are to meet at Hamburg Fire Station.

PRE-QUALIFICATION ASSESSMENT

PREQUALIFICATION ASSESSMENT – POINTS SCORING

Category & Description Points

Allocation

Experience (Contactable references and/or Reference letters for work successful completed must be

submitted in order to claim points)

100

Similar projects successfully completed in paving and

construction

(20 points per project to a maximum of 5 project)

Bidders should take note of the above Pre-qualification criteria.

[a] All the necessary documentation must be submitted for the Evaluation Panel to

make an informed evaluation. Evaluation of the Technical (Quality) Requirements will be based on the information provided by the bidder.

[i] Experience - The experience annexure must be completed. Only Similar projects successfully completed in paving and construction.

[ii] Expertise – The qualifications and capacity of the company/team to

undertake the work must be provided for evaluation purposes.

[iii] Methodology – The bidder must clearly demonstrate how the contract

will be managed, detailing a work plan with timeframes and clearly explaining how the works will be implemented.

[b] Bids that do not meet a minimum of total of 60 out of 100 for the criteria listed

above will not be considered further.

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MBD 2

TAX CLEARANCE REQUIREMENTS

It is a condition of bid that the taxes of the successful bidder must be in order, or that

satisfactory arrangements have been made with South African Revenue Service (SARS) to meet the bidder’s tax obligations.

1. In order to meet this requirement bidders are required to complete in full the attached

form TCC 001 “Application for a Tax Clearance Certificate” and submit it to any SARS

branch office nationally. The Tax Clearance Certificate Requirements are also applicable to foreign bidders / individuals who wish to submit bids.

2. SARS will then furnish the bidder with a Tax Clearance Certificate that will be valid for a

period of 1 (one) year from the date of approval.

3. The original Tax Clearance Certificate must be submitted together with the bid. Failure to

submit the original and valid Tax Clearance Certificate will result in the invalidation of the bid. Certified copies of the Tax Clearance Certificate will not be acceptable.

4. In bids where Consortia / Joint Ventures / Sub-contractors are involved, each party must

submit a separate Tax Clearance Certificate.

5. Copies of the TCC 001 “Application for a Tax Clearance Certificate” form are available

from any SARS branch office nationally or on the website www.sars.gov.za.

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

website www.sars.gov.za.

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1A JOINT VENTURE REQUIREMENTS

DEFINITION:- “Joint Venture or Consortium”: means an association of persons for the

purpose of combining their expertise, property, capital, efforts, skill and knowledge in an activity for the execution of a contract.

Should a group of companies/firms and/or interested parties wish to enter into a joint

venture/consortium agreement the following minimum requirements must be met:-

1. A copy of the joint venture/consortium agreement must be attached.

2. Each member of the joint venture/consortium must provide a Tax Clearance Certificate

3. After award of a contract to a joint venture, the successful joint venture partners must

provide a joint venture Tax Clearance Certificate and the joint venture banking details.

4. A trust, consortium or joint venture will qualify for points of their B-BBEE status level as a

legal entity, provided that the entity submits their B-BBEE status level certificate.

5. 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 tender.

The joint venture/consortium agreement must contain the following:-

a. Who the managing member will be.

b. Who the signatory of authority will be.

c. How the joint venture/consortium share of profit will be split.

d. The bank account details where payments will be deposited into.

e. The agreement must be signed by all parties.

f. The agreement must be certified by a Commissioner of Oaths.

g. The postal and physical address where all correspondence will be sent to.

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EVALUATION OF TENDER OFFERS

Adjudication will be based on one of the four methods listed below. Method 2 will be utilised for this contract:

Method 1: Financial

offer

1) Rank tender offers from the most favourable to the least favourable comparative offer.

2) Recommend highest ranked tenderer for the award of the contract, unless there are compelling and justifiable reasons not to do so.

Method 2:

Financial

offer and preferences

1) Score tender evaluation points for financial offer.

2) Confirm that tenderers are eligible for the preferences claimed and if so, score tender evaluation points for preferencing.

3) Calculate total tender evaluation points.

4) Rank tender offers from the highest number of tender evaluation points to the lowest.

5) Recommend tenderer with the highest number of tender evaluation points for the award of the contract, unless there are compelling and justifiable reasons not to do

so.

Method 3:

Financial offer and

quality

1) Score quality, rejecting all tender offers that fail to score the minimum number of

points for quality stated in the Tender data.

2) Score tender evaluation points for financial offer.

3) Calculate total tender evaluation points.

4) Rank tender offers from the highest number of tender evaluation points to the

lowest.

5) Recommend tenderer with the highest number of tender evaluation points for the

award of the contract, unless there are compelling and justifiable reasons not to do so.

Method 4: Financial

offer, quality and

preferences

1) Score quality, rejecting all tender offers that fail to score the minimum number of points for quality stated in the Tender data.

2) Score tender evaluation points for financial offer.

3) Confirm that tenderers are eligible for the preferences claimed, and if so, score tender evaluation points for preferencing.

4) Calculate total tender evaluation points.

5) Rank tender offers from the highest number of tender evaluation points to the lowest.

6) Recommend tenderer with the highest number of tender evaluation points for the award of the contract, unless there are compelling and justifiable reasons not to do

so.

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MBD 6.1

PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL

PROCUREMENT REGULATIONS 2011 _____________________________________________________________

This preference form must form part of all bids invited. It contains general information and

serves as a claim form for preference points for Broad-Based Black Economic Empowerment (B-

BBEE) Status Level of Contribution

NB: 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.

1. GENERAL CONDITIONS

1.1 The following preference point systems are applicable to all bids:

- the 80/20 system for requirements with a Rand value of up to R1 000 000 (all

applicable taxes included); and - the 90/10 system for requirements with a Rand value above R1 000 000 (all

applicable taxes included).

1.2 The value of this bid is estimated to not exceed R1 000 000 (all applicable taxes

included) and therefore the 80/20 system shall be applicable.

1.3 Preference points for this bid shall be awarded for:

(a) Price; and

(b) B-BBEE Status Level of Contribution

1.3.1 The maximum points for this bid are allocated as follows:

POINTS

1.3.1.1 PRICE 80

1.3.1.2 B-BBEE STATUS LEVEL OF CONTRIBUTION 20

Total points for Price and B-BBEE must not exceed 100

1.4 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) together with the bid, will be interpreted to mean that

preference points for B-BBEE status level of contribution are not claimed.

1.5. The purchaser 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 by the purchaser.

2. DEFINITIONS

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2.1 “all applicable taxes” includes value-added tax, pay as you earn, income tax,

unemployment insurance fund contributions and skills development levies;

2.2 “B-BBEE” means broad-based black economic empowerment as defined in section 1 of

the Broad -Based Black Economic Empowerment Act;

2.3 “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;

2.4 “bid” means a written offer in a prescribed or stipulated form in response to an invitation by an organ of state for the provision of services, works or goods, through

price quotations, advertised competitive bidding processes or proposals;

2.5 “Broad-Based Black Economic Empowerment Act” means the Broad-Based Black

Economic

Empowerment Act, 2003 (Act No. 53 of 2003);

2.6 “comparative price” means the price after the factors of a non-firm price and all unconditional discounts that can be utilized have been taken into consideration;

2.7 “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;

2.8 “contract” means the agreement that results from the acceptance of a bid by an organ of state;

2.9 “EME” means any enterprise with an annual total revenue of R5 million or less .

2.10 “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;

2.11 “functionality” means the measurement according to predetermined norms, as set out

in the bid documents, of a service or commodity that is designed to be practical and

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 a

bidder;

2.12 “non-firm prices” means all prices other than “firm” prices;

2.13 “person” includes a juristic person;

2.14 “rand value” means the total estimated value of a contract in South African currency,

calculated at the time of bid invitations, and includes all applicable taxes and excise duties;

2.15 “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;

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2.16 “total revenue” bears the same meaning assigned to this expression 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 and promulgated in the Government Gazette on 9 February

2007;

2.17 “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; and

2.18 “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.

3. ADJUDICATION USING A POINT SYSTEM

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

3.2 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;.

3.3 Points scored must be rounded off to the nearest 2 decimal places.

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

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3.5 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.

3.6 Should two or more bids be equal in all respects, the award shall be decided by the

drawing of lots.

4. POINTS AWARDED FOR PRICE

4.1 THE 80/20 OR 90/10 PREFERENCE POINT SYSTEMS

A maximum of 80 or 90 points is allocated for price on the following basis:

80/20 or 90/10

min

min180

P

PPtPs or

min

min190

P

PPtPs

Where

Ps = Points scored for comparative price of bid under consideration

Pt = Comparative price of bid under consideration

Pmin = Comparative price of lowest acceptable bid

5. Points awarded for B-BBEE Status Level of Contribution

5.1 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)

Number of points

(80/20 system)

1 10 20

2 9 18

3 8 16

4 5 12

5 4 8

6 3 6

7 2 4

8 1 2

Non-compliant contributor 0 0

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5.2 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. 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.

5.3 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.

5.4 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.

5.5 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.

5.6 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.

5.7 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.

5.8 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.

6. BID DECLARATION

6.1 Bidders who claim points in respect of B-BBEE Status Level of Contribution must complete the following:

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7. B-BBEE STATUS LEVEL OF CONTRIBUTION CLAIMED IN TERMS OF

PARAGRAPHS 1.3.1.2 AND 5.1

7.1 B-BBEE Status Level of Contribution: …………. = ……………(maximum of 10 or 20 points)

(Points claimed in respect of paragraph 7.1 must be in accordance with the table reflected in paragraph 5.1 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).

8 SUB-CONTRACTING

8.1 Will any portion of the contract be sub-contracted? YES / NO (delete

which is not applicable) 8.1.1 If yes, indicate:

(i) 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 (delete which is not applicable)

9 DECLARATION WITH REGARD TO COMPANY/FIRM

9.1 Name of firm : .....................................................................................

9.2 VAT registration number : .....................................................................................

9.3 Company registration number :……………………………………………………………………. :

9.4 TYPE OF COMPANY/ FIRM

Partnership/Joint Venture / Consortium

One person business/sole propriety

Close corporation

Company

(Pty) Limited

[TICK APPLICABLE BOX]

9.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES

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

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

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

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9.6 COMPANY CLASSIFICATION

Manufacturer

Supplier

Professional service provider

Other service providers, e.g. transporter, etc.

[TICK APPLICABLE BOX]

9.7 MUNICIPAL INFORMATION

Municipality where business is situated……………………………………………………………

Registered Account Number ……………………………. Stand Number ……………………………………………….

9.8 TOTAL NUMBER OF YEARS THE COMPANY/FIRM HAS BEEN IN BUSINESS?

……………………………………

9.9 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 in paragraph 7 of the foregoing certificate, qualifies

the company/ firm for the preference(s) shown and I / we acknowledge that:

(i) The information furnished is true and correct;

(ii) The preference points claimed are in accordance with the General

Conditions as indicated in paragraph 1 of this form.

(iii) In the event of a contract being awarded as a result of points claimed

as shown in paragraph 7, the contractor may be required to furnish documentary proof to the satisfaction of the purchaser that the claims

are correct;

(iv) 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 –

(a) disqualify the person from the bidding process;

(b) recover costs, losses or damages it has incurred or suffered as

a result of that person’s conduct;

(c) 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;

(d) 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 audi alteram partem (hear the other side) rule has been

applied; and

(e) forward the matter for criminal prosecution

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WITNESSES:

1. …………………………………………………..

…………………………………..

SIGNATURE(S) OF BIDDER(S)

2. ……………………………………………………

DATE:………………….…………….…….

ADDRESS:…………………………………

………………………………………………..

………………………………………………..

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Form of Offer and Acceptance

Offer

The employer, identified in the acceptance signature block, has solicited offers to enter into a

contract for the procurement of: Hamburg Fire Station: External Works Paving; Tender

No: 8/2/419/2014-2015R

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 contractor under the contract including compliance with all its terms and conditions according

to their true intent and meaning for an amount to be determined in accordance with the conditions of contract identified in the contract data.

THE OFFERED TOTAL OF THE PRICES INCLUSIVE OF VALUE ADDED TAX IS:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 contractor in the conditions of contract identified in the contract data.

Signature Date

Name Capacity

for the tenderer

(Name and address of organization)

Name and signature of witness

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Acceptance

By 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 contractor the amount

due in accordance with the conditions of contract identified in the contract data. Acceptance of the tenderer’s offer shall form an agreement between the employer and the tenderer upon the

terms and conditions contained in this agreement and in the contract that is the subject of this

agreement.

The terms of the contract, are contained in:

Part C1: Agreements and contract data, (which includes this agreement)

Part C2: Pricing data Part C3: Scope of work.

Part C4: Site information

and drawings and documents or parts thereof, which may be incorporated by reference into Parts 1 to 4 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.

The tenderer shall within two weeks after receiving a completed copy of this agreement,

including the schedule of deviations (if any), contact the employer’s agent (whose details are given in the contract data) to arrange the delivery of any bonds, guarantees, proof of insurance

and any other documentation to be provided in terms of the conditions of contract identified in the contract data. Failure to fulfill any of these obligations in accordance with those terms shall

constitute a repudiation of this agreement.

Notwithstanding anything contained herein, this agreement comes into effect on the date when

the tenderer receives one fully completed original copy of this document, including the schedule of deviations (if any). Unless the tenderer (now contractor) within five 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 Date

Name Capacity

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For The Employer

Amathole District Municipality, Waverley Office Park, 3-33 Philip Frame, Chiselhurst,

5247 Name and signature of witness

Date:

Schedule of Deviations

1 Subject:.. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

2 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

3 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

4 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

5 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

By the duly authorised representatives signing this agreement, 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

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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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PAST EXPERIENCE 1

Bidders must furnish hereunder details of similar works/service, which they have satisfactorily

completed in the past. The information shall include a description of the Works, the Contract value and name of Employer.

EMPLOYER

/INSTITUTION NAME

NATURE OF

WORK/ PROJECT NAME

AWARDED

AMOUNT

ANTICIPATED / ACTUAL

COMPLETION

DATE

EMPLOYER

CONTACT NO.

CONTACT

PERSON

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

DATE SIGNATURE OF BIDDER

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PAST EXPERIENCE 2

Bidders must furnish hereunder details of similar works/service, which they have satisfactorily

completed in the past. The information shall include a description of the Works, the Contract

value and name of Employer.

CURRENT PROJECTS UNDERTAKEN FOR ADM

PROJECT NAME AWARDED AMOUNT CONTRACT START

DATE

ANTICIPATED /

ACTUAL

COMPLETION DATE

CONTACT PERSON &

NO.

TOTAL AMOUNT OF PROJECTS CURRENTLY UNDERTAKEN FOR

ADM R

…………………………….. ......................................…….......... DATE SIGNATURE OF BIDDER

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RECENT PROJECTS UNDERTAKEN FOR ADM

PROJECT NAME AWARDED AMOUNT CONTRACT START

DATE

ANTICIPATED / ACTUAL

COMPLETION DATE

CONTACT PERSON & NO.

TOTAL AMOUNT OF PROJECTS RECENTLY UNDERTAKEN FOR ADM R

…………………………….. ......................................……........ DATE SIGNATURE OF BIDDER

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SCHEDULE OF PLANT AND EQUIPMENT

The Bidder shall insert in the Schedule hereunder, a list of the major plant and equipment he

proposes to use on this Contract. Failure to complete this schedule will be taken to indicate that Bidder does not have access to adequate plant and equipment.

DESCRIPTION OF MODEL OWNER WHEN AVAILABLE

Equipment not owned by the Bidder must be qualified as hire, on loan, etc.

SIGNATURE OF BIDDER: ...........................................................................................................

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

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COMPANY PROFILE / COMPOSITION DEPICTING TOTAL SHAREHOLDING /

OWNERSHIP

NAME ID NUMBER

% OF BUSINESS

OWNERSHIP / SHAREHOLDING)

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AGREEMENT IN TERMS OF SECTION 37(2) OF THE OCCUPATIONAL HEALTH AND SAFETY ACT (ACT No. 85 OF 1993)

THIS AGREEMENT made between: ..................................................................................................

(hereinafter referred to as "the Employer") of the one part, herein represented by : ......................................................................................................................................................

in his capacity as ...........................................................................................................................

AND: ............................................................................................................................................. (hereinafter referred to as "the Mandatary") of the other part, herein represented by :

...................................................................................................................................................... in his capacity as ...........................................................................................................................

and being duly authorised to act as Mandatary on behalf of the Contractor;

WHEREAS the Employer is desirous that certain works be constructed, viz (contract No.) .................... (title) ............................................................................................................................................. and has accepted a tender by the Mandatary for the construction, completion and defects correction of such works and whereas the Employer and the Mandatary have agreed to certain

arrangements and procedures to be followed in order to ensure compliance by the Mandatary with the provisions of the Occupational Health and Safety Act 1993 (Act 85 of 1993);

NOW THEREFORE THIS AGREEMENT WITNESSETH AS FOLLOWS:

1. The Mandatary shall execute the work in accordance with the contract documents pertaining to this Contract.

2. This Agreement shall hold good from its commencement date, which shall be the date on which the site is handed over to the Mandatary by an order in writing from the Engineer, to

either:

(a) the date of the final certificate issued in terms of clause 52(1) of the General

Conditions of Contract 2010 (hereinafter referred to as “the GCC”), as applicable to this Contract, or

(b) the date of termination of the contract in terms of clause 55 or clause 56 of the GCC.

3. The Mandatary declares himself to be conversant with the following:

(a) All the requirements, regulations and standards of the Occupational Health and Safety

Act (Act 85 of 1993), hereinafter referred to as “The Act”, together with its amendments and with special reference to the following Sections of The Act:

(i) Section 8: General duties of employers to their employees;

(ii) Section 9: General duties of employers and self-employed persons to persons other than employees;

(iii) Section 37: Acts or omissions by employees or mandataries; and (iv) Sub-section 37(2) relating to the purpose and meaning of this Agreement.

(b) The procedures and safety rules of the Employer as pertaining to the Mandatary and

to all his subcontractors.

4. In addition to the requirements of Clause 36 of the General Conditions of Contract and all relevant requirements of the Contract, the Mandatary agrees to execute all the works

forming part of this Contract and to operate and utilize all machinery, plant and equipment in accordance with the Act.

5. The Mandatary is responsible for the compliance with the Act by all his subcontractors,

whether or not selected and/or approved by the Employer.

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In witness thereof the parties hereto have set their signatures hereon in the presence of the

subscribing witnesses:

At ........................................................................ for and on behalf of the EMPLOYER on

this the ..............day of..........…...................... 20….

SIGNATURE: ...................................................................................

CAPACITY: ...................................................................................

WITNESSES:

SIGNATURES: (1) ....................................................... .................................................................

(2) .....................................................................................................................

NAMES: (1) .......................................................................................................................

(2) .....................................................................................................................

At ......................................................................... for and on behalf of the MANDATARY on

this the

.............day of.………........................20..…

SIGNATURE: ...................................................................................

CAPACITY: ...................................................................................

WITNESSES:

SIGNATURES: (1) ....................................................... .................................................................

(2) .....................................................................................................................

NAMES: (1) .......................................................................................................................

(2) .....................................................................................................................

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BIDDERS CHECKLIST

NB: Bidders to ensure that ALL the following information is completed / attached in/to the bid document before the submission of their bid:

All ADM Individual bid documents will have the typical bid checklist as an attachment. This list is to assist all bidders to submit complete bids.

1 All pages of the bid document have been read by the bidder.

2 All pages requiring information have been completed in black ink.

3 The Schedule of Quantities have been checked for arithmetic correctness.

4 Totals from each sub section of the Schedule of Quantities have been

carried forward to the summary page.

5 The total from the summary page has been carried forward to the Bid

Form (Form of Offer).

6 Surety details have been included in the bid (if applicable).

7 All sections requiring information have been completed.

8 The bidder has submitted the correct documentation, e.g. original and current certificates in terms of:

- SARS - B-BBEE Status Level of Contribution Certificate

- Proof of SARB exchange rate for the Local Production and

content requirement (if applicable) - Joint Venture Agreement signed by all parties to be

attached.

9 The bid document is submitted before 11h00 on the due date at the

designated bid box of the ADM.