Independent Development Trust PHG BUILDING 196 NELSON MANDELA DRIVE BRANDWAG BLOEMFONTEIN, 9301 PO Box 12380, BRANDHOF, 9324 Tel: (051) 411 6240 Website: www.idt.org.za TENDER NO.: DSUFS/02/16 BIDDING DOCUMENT Framework Agreement for the Provision of Architectural, Quantity Surveying, Engineering, Project Management and Construction Health & Safety Professional Services for the Repairs, Renovations, Additions and New Infrastructure Projects for a period of three year-term without guarantee of quantum of work CLOSING DATE & TIME: 5 SEPTEMBER 2016, 11H00 Name of Tenderer: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Professional Discipline (Tick the appropriate box) □ Structural Engineering □ Project Management □ Architectural Services □ Electrical Engineering □ Construction Health & Safety □ Quantity Surveying □ Mechanical Engineering □ Civil Engineering Contents Number Heading THE TENDER Part T1: Tendering procedures T1.1 Tender notice and invitation to tender T1.2 Tender data Part T2: Returnable documents T2.1 List of returnable documents T2.2 Returnable schedules THE CONTRACT Part C1: Agreements and Contract data C1.1 Form of offer and acceptance C1.2 Contract data C1.3 Forms of securities Part C2: Pricing data C2.1 Pricing instructions C2.2 Bills of quantities Part C3: Scope of work C3 Scope of work 1 TENDER NO.: DSUFS/02/16 Independent Development Trust PHG BUILDING 196 NELSON MANDELA DRIVE BRANDWAG BLOEMFONTEIN, 9301 PO Box 12380, BRANDHOF, 9324 Tel: (051) 411 6240 Website: www.idt.org.za TENDER NO.: DSUFS/02/16 T1.1 Tender Notice and Invitation to Tender The IDT invites Proposals from suitably qualified and experienced Service Providers to tender for the Framework Agreement for the Provision of Architectural, Quantity Surveying, Engineering, Project Management and Construction Health & Safety Professional Services for the Repairs, Renovations, Additions and New Infrastructure Projects for a period of three-year term without a guarantee of a quantum of work. A limited number of framework contracts may be entered into with Service Providers. A Compulsory Briefing Session will be held on the 12 August 2016 at President Hotel, No.1 Union Avenue Bloemfontein, at 09H00 The bid closes on 5 SEPTEMBER 2016 at 11:00. Bids must be submitted and deposited in the Tender Box at the IDT Free State Regional Office; PHG Building, 196 Nelson Mandela Drive, Brandwag, Bloemfontein. No late Tenders will be considered. th Bid documents will be available from IDT Free State Regional Office from Friday 29 July 2016. A non- refundable bid deposit of R 500 is payable into the following IDT Banking Account Details: BANK: ABSA ACCOUNT NAME: FST04: IDT TENDER DEPOSITS ACCOUNT NUMBER: 4084940254 BID REFERENCE: DSUFS/02/16 Please take note that IDT will only accept Valid Proof of Payment in the Form of a Deposit Slip for the purchase of bid documents. NO CASH PAYMENTS WILL BE ACCEPTED AT IDT OFFICES. The Bids will be evaluated on Functionality and in terms of IDT SCM Policies and Procedures. Entities must score a minimum of 70% on functionality to qualify for further evaluation. 90/10 Preference Point System in line with Preferential Procurement Policy Framework Act, 2000 (Act No. 5 of 2000) will be applicable. To qualify for award of preference points, services providers must comply with the following: a. Valid and Original or Originally-certified B-BBEE certificates issued by a SANAS-Accredited verification Agency must be submitted with bid Or b. Valid and Original or Originally certified B-BBEE certificate issue by Registered Auditor, approved by the Independent Regulatory Board of Auditors (IRBA) Or c. For Exempted Micro Enterprise (EME), A Valid Original or Originally-certified certificate by Accounting Officer, as contemplated in the CCA or certified by a Registered Auditor or an Original Affidavit in a format prescribed by the Department of Trade & Industry. d. Joint Venture entities must submit an Original or Originally certified Consolidated B-BBEE certificate from SANAS-Accredited verification agency in order to qualify for points for their B-BBEE status level as an unincorporated entity. 2 TENDER NO.: DSUFS/02/16 Functionality Criteria: Criteria Maximum Possible Score Company Profile & Experience 25 Experience & Qualifications of Key personnel 25 Approach / Methodology 25 References 10 Value Add 15 TOTAL 100 Queries relating to the issue of these documents may be addressed to Ms. Lisemelo Tau, Tel No 051 411 6240 or e-mail fsidtbid@idt.org.za. 3 TENDER NO.: DSUFS/02/16 Independent Development Trust PHG BUILDING 196 NELSON MANDELA DRIVE BRANDWAG BLOEMFONTEIN, 9301 PO Box 12380, BRANDHOF, 9324 Tel: (051) 411 6240 Website: www.idt.org.za TENDER NO.: DSUFS/02/16 T1.2 Tender Data The conditions of tender are the Standard Conditions of Tender as contained in Annex F of the CIDB Standard for Uniformity in Construction Procurement (July 2015) as published in Government Gazette No 38960, Board Notice 136 of 2015 of 10 July 2015. (See www.cidb.org.za). The Standard Conditions of Tender make several references to the Tender Data for details that apply specifically to this tender. The Tender Data shall have precedence in the interpretation of any ambiguity or inconsistency between it and the Standard Conditions of Tender. Each item of data given below is cross-referenced to the clause in the Standard Conditions of Tender to which it mainly applies. Clause number Tender Data F.1.1 The employer is Independent Development Trust F.1.2 The Tender Documents issued by the Employer comprise the following documents: THE TENDER Part T1: Tendering procedures T1.1 - Tender notice and invitation to tender T1.2 - Tender data Part T2: Returnable documents T2.1 - List of returnable documents T2.2 - Returnable schedules THE CONTRACT Part C1: Agreements and Contract data C1.1 - Form of offer and acceptance C1.2 - Contract data C1.3 - Performance Bond C1.4 - Adjudicator‟s contract Part C2: Pricing data C2.1 - Pricing instructions C2.2 - Bill of Quantities Part C3: Scope of work C3 - Scope of work F.1.4 The employer‟s agent is : Name: L. Tau Address: PHG Building, 196 Nelson Mandela Drive, Brandwag, Bloemfontein, 9301 Tel: 051 411 6240 E-mail: fsidtbid@idt.org.za 4 TENDER NO.: DSUFS/02/16 F.2.1 Only those tenderers who satisfy the following eligibility („Gate Keeper‟) criteria are eligible to submit tenders: 1. Company registration documents; 2. Original & Valid Tax Clearance Certificate; Or Tax compliance letter with Unique Security Personal Identification Number (PIN) in terms of the Electronic Tax Compliance Status (TCS) System from SARS. 3. Originally certified copies of Identity Documents of Directors/Partners; 4. Attend compulsory clarification / briefing session and sign attendance register 5. Proof of Professional Registration with the relevant (Applicable to your bid) Engineering or Built Environment Council; e.g. i. Engineering Council of South Africa (ECSA) ii. South African Council for the Architectural Profession (SACAP) iii. South African Council for the Quantity Surveying Profession (SACQS) iv. South African Council for Project and Construction Management Professions (SACPCMP) 6. In case of a joint venture arrangement, a signed joint venture agreement must be attached. 7. Proof that the tendering entity has and maintain a professional indemnity insurance (NB: the adequacy of such insurance will only be determined prior to the award of a project depending on size and risk of such project; normally the insurance equal to twice the professional fee will be required with a minimum threshold of R 3 m.) 8. Letter of good standing in terms of Compensation for Occupational Injuries and Diseases Act, of 1993(COIDA). 9. Fully completed & signed Standard Bidding Documents i. SBD 4; Declaration of Interest ii. SBD 6.1; Preference points claim form in terms of the Preferential Procurement Regulations, 2011 iii. SBD 8; Declaration of Bidder‟s past supply chain management practices iv. SBD 9; Certificate of Independent Bid Determination Any bidder that fails to comply with any of the requirements listed above will be disqualified and will not be considered for next phase of the evaluation as stated below. F.2.7 If a compulsory clarification meeting is required for this Tender, the arrangements for the compulsory clarification meeting will be as stated in the Tender Notice and Invitation to Tender. If a compulsory clarification meeting is to be held, Tenderers must sign the attendance list in the name of the tendering entity. Addenda will be issued to and tenders will be received only from those tendering entities appearing on the attendance list. A full time employee of the tenderer who is involved in the preparation of tenders must sign the attendance list in the name of the tendering entity. F.2.12 F.2.13.3 No alternative tender offers will be considered Parts of each tender offer communicated on paper shall be submitted as an original. 5 TENDER NO.: DSUFS/02/16 F.2.13.5 F.2.15.1 The employer‟s details and address for delivery of tender offers and identification details that are to be shown on each tender offer package are: Location of tender box: Ground Floor Physical address: PHG Building, 196 Nelson Mandela Drive, Brandwag, Bloemfontein, 9301 Identification details: TENDER NO.: DSUFS/02/16: Framework Agreement for the Provision of Architectural, Quantity Surveying, Engineering, Project Management and Construction & Safety Professional Services for the Repairs, Renovations, Additions and New Infrastructure Projects for a period of three year-term without a guarantee of a quantum of work F.2.13.9 Telephonic, telegraphic, telex, facsimile or e-mailed tender offers will not be accepted. F.2.15 The closing time for submission of tender offers is as stated in the Tender Notice and Invitation to Tender. F.2.16 The tender offer validity period is 90 calendar days. F.2.23 The tenderer is required to submit with his tender: 1) an original valid Tax Clearance Certificate issued by the South African Revenue Services Or Tax compliance letter with a Unique Security Personal Identification Number (PIN) in terms of the Electronic Tax Compliance Status (TCS) System from SARS. 2) Proof of Professional Registration with the relevant Engineering or Built Environment Council 3) a copy of the tenderer‟s professional indemnity insurance F.3.1.1 The Employer will respond to requests for clarification received up to 5 working days before the tender closing time. F.3.4 Tenders will be opened immediately after the closing time for tenders at 11H00 and only names of tenders will be read out. F.3.11.1 The financial offer will be reduced to a comparative basis in terms of % discount offered from gazetted fees of a typical value of scope of work plus total Rand value staff rates tendered. 6 TENDER NO.: DSUFS/02/16 F.3.11.5 The procedure for the evaluation of responsive tenders: Phase 1: Compliance with Mandatory Requirements („Gate Keepers‟) Phase 2: Functionality Criteria The Bids will be evaluated on Functionality and in terms of IDT SCM Policies and Procedures. Entities must score a minimum of 70% on functionality to qualify for further evaluation. 90/10 Preference Point System in line with Preferential Procurement Policy Framework Act, 2000 (Act No. 5 of 2000) will be applicable. Criteria Maximum Possible Score Company Profile & Experience 25 Experience & Qualifications of Key personnel 25 Approach / Methodology 25 References 10 Value Add 15 TOTAL 100 Phase 3: Price & Preference a) Price/Financial (Max 90 points) The score for financial offer is calculated using the following Formula: Ps = 90 {1 + (Pt - Pmin)} Pmin Where Ps = the points scored for price of bid under consideration, Pmin = the Rand value of the lowest and acceptable responsive bid, Pt = Rand value the responsive tender under consideration. b) Preference (NP) (Max 10 points) NP equals the preference point to be awarded to a Tenderer for attaining B-BBEE Status Level of contributor in accordance with the table below. B_BBEE Level Level One (1) Level Two (2) Level Three (3) Level Four (4) Level Five (5) Level Six (6) Level Seven (7) Level Eight (8) Non Contributor Evaluation Points 10 9 8 5 4 3 2 1 0 To qualify for award of preference points, services providers must comply with the following: a. Valid and Original or Originally-certified B-BBEE certificates issued by a SANAS-Accredited verification Agency must be submitted with bid Or b. Valid and Original or Originally certified B-BBEE certificate issue by Registered Auditor, approved by the Independent Regulatory Board of Auditors (IRBA) Or c. For Exempted Micro Enterprise (EME), A Valid Original or Originally-certified certificate by Accounting Officer, as contemplated in the CCA or certified by a Registered Auditor or an Original Affidavit in a format prescribed by the Department of Trade & Industry. d. Joint Venture entities must submit an Original or Originally certified Consolidated B-BBEE certificate from SANAS-Accredited verification agency in order to qualify for points for their B-BBEE status level as an unincorporated entity. 7 TENDER NO.: DSUFS/02/16 F.3.11.3 The quality criteria and maximum score in respect of each of the criteria are as follows: Each evaluation criteria will be assessed in terms of five indicators – no response, poor, satisfactory, good and very good. Scores of 0, 40, 70, 90 or 100 will be allocated to no response, poor, satisfactory, good and very good, respectively. The scores of each of the evaluators will be averaged, weighted and then totalled to obtain the final score for quality. F.3.13 Tender offers will only be accepted if: a) b) c) d) e) f) F.3.17 is not under restrictions, or has principals who are under restrictions, preventing participating in the employer‟s procurement, can, as necessary and in relation to the proposed contract, demonstrate that he or she possesses the professional and technical qualifications, professional and technical competence, financial resources, equipment and other physical facilities, managerial capability, reliability, experience and reputation, expertise and the personnel, to perform the contract, has the legal capacity to enter into the contract, is not insolvent, in receivership, under Business Rescue as provided for in chapter 6 of the Companies Act, 2008, bankrupt or being wound up, has his affairs administered by a court or a judicial officer, has suspended his business activities, or is subject to legal proceedings in respect of any of the foregoing, complies with the legal requirements, if any, stated in the tender data, and is able, in the opinion of the employer, to perform the contract free of conflicts of interest. The number of paper copies of the signed contract to be provided by the employer is one (1). Add the following additional conditions of tender: Limited number of contracts Notwithstanding the requirements of F.3.11, a limited number of contracts may be entered into with the compliant bids 8 TENDER NO.: DSUFS/02/16 T.2.1 List of returnable documents The tenderer‟s attention is drawn to the eligibility criteria which require the tenderer to provide the required evidence in their tender submission in order to be eligible to have their tenders evaluated. Tenderers who fail to provide the required documentation as part of their tender submission will not have their tenders evaluated. Mandatory („Gate Keeper‟) Returnable Documents / Schedules Company registration documents; Original & Valid Tax Clearance Certificate; Or Tax compliance letter with Unique Security Personal Identification Number (PIN) in terms of the Electronic Tax Compliance Status (TCS) System from SARS. Originally certified copies of Identity Documents of Directors/Partners; Attend compulsory clarification / briefing session and sign attendance register Proof of Professional Registration with the relevant Engineering or Built Environment Council; e.g. o Engineering Council of South Africa (ECSA) o South African Council for the Architectural Profession (SACAP) o South African Council for the Quantity Surveying Profession (SACQS) o South African Council for Project and Construction Management Professions (SACPCMP) In case of a joint venture arrangement, a signed joint venture agreement must be attached. Proof that the tendering entity has a professional indemnity insurance (NB: the adequacy of such insurance will only be determined prior to the award of a project depending on size and risk of such project; normally the insurance equal to twice the professional fee will be required with a minimum threshold of R 3 m.) Letter of good standing in terms of Compensation for Occupational Injuries and Diseases Act, of 1993(COIDA). Fully completed & signed Standard Bidding Documents SBD 4; Declaration of Interest SBD 6.1; Preference points claim form in terms of the Preferential Procurement Regulations, 2011 SBD 8; Declaration of Bidder‟s past supply chain management practices SBD 9; Certificate of Independent Bid Determination Any bidder that fails to comply with any of the requirements listed above will be disqualified and will not be considered for next Phase of the evaluation as stated below. Other Returnable Documents required for evaluation purpose only Company profile & Experience Approach paper Experience and qualifications of Key personnel: provide CVs and category (i.e. Level A, B, C or D) Contactable references (3) Value add Valid and Original or Originally-certified B-BBEE certificates issued by a SANAS-Accredited verification Agency must be submitted with bid Or o Valid and Original or Originally certified B-BBEE certificate issue by Registered Auditor, approved by the Independent Regulatory Board of Auditors (IRBA) Or o For Exempted Micro Enterprise (EME), A Valid Original or Originally-certified certificate by Accounting Officer, as contemplated in the CCA or certified by a Registered Auditor or an Original Affidavit in a format prescribed by the Department of Trade & Industry. o Joint Venture entities must submit an Original or Originally certified Consolidated B-BBEE certificate from SANAS-Accredited verification agency in order to qualify for points for their B-BBEE status level as an unincorporated entity. Proof of CSD (Central Supplier Database for Government) registration T.2.2 Returnable schedules The tenderer must complete the following returnable schedules as relevant: Record of Addenda to Tender Documents Preferencing Schedule Enterprise Questionnaire Practice declaration SBD 4; Declaration of Interest SBD 6.1; Preference points claim form in terms of the Preferential Procurement Regulations, 2011 SBD 8; Declaration of Bidder‟s past supply chain management practices SBD 9; Certificate of Independent Bid Determination 9 TENDER NO.: DSUFS/02/16 Other documents that will be incorporated into the contract C1.1 Offer portion of Form of Offer and Acceptance C1.2 Contract Data (Part 2) The Tenderer‟s attention is drawn to Part 2 of the Contract Data which requires the Tenderer to: Tender competitive percentage (%) discounts if any, on project-cost basis, as per ECSA, SACAP, SACQS & SACPCMP guideline scope of services and tariff of fees. Tender in Rand value Staff Rates for category A, B, C & D of key personnel The overall competitive price offer will be the combination of percentage (%) discounts and Rand value staff tendered. No need to tender Reimbursable expenses; Government rates for expenses including travel and Subsistence will be applicable as published by the National Department of Public Works, from time to time. The following Government Gazettes will form basis from which professional fees must be determined: Engineering: Board Notice (4 December 2015) 138 of 2015 Architectural: Board Notice (12 June 2015) 122 of 2015 (As corrected in Board Notice (26 June 2015) 129 of 2015) Quantity Surveying: Board Notice (28 August 2015) 170 of 2015 Construction Project Managers: Board Notice (23 December 2011) 10 TENDER NO.: DSUFS/02/16 Record of Addenda to tender documents We confirm that the following communications received from the Employer before the submission of this tender offer, amending the tender documents, have been taken into account in this tender offer: Date Title or Details 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Attach additional pages if more space is required. Signed Date Name Position Tenderer 11 TENDER NO.: DSUFS/02/16 Enterprise Questionnaire The following particulars must be furnished. In the case of a joint venture, separate enterprise questionnaires in respect of each partner must be completed and submitted. Section 1: Name of enterprise: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name of contact person for the purpose of this tender: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Email: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Postal address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . Telephone: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .......................................... Fax: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Physical address: . . . . . . . . . . . . . . . . . . . . . . . . . . .......................................... Section 2: VAT registration number, if any: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 3: CIDB registration number, if any: Not applicable Section 4: Particulars of companies and close corporations Company registration number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Close corporation number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tax reference number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 4: Particulars of principals Principal: means a natural person who is a partner in a partnership, a sole proprietor, a director or voting members of a company established in terms of the Companies Act, 2008 (Act 71 of 2008) or a member of a close corporation registered in terms of the Close Corporation Act, 1984, (Act No. 69 of 1984), who jointly and severally with his other partners, co-directors or co-members, as the case may be, bears the risk of business and takes responsibility for the management and liabilities of the partnership, company, or close corporation Full name of principal Identity number Personal income reference number tax State employee number / Persal number Attach separate page if necessary 12 TENDER NO.: DSUFS/02/16 Section 6: Record in the service of the state Indicate by marking the relevant boxes with a cross, if any sole proprietor, partner in a partnership or director, manager, principal shareholder or stakeholder in a company or close corporation is currently or has been within the last 12 months in the service of any of the following: a member of any municipal council a member of any provincial legislature a member of the National Assembly or the National Council of Province a member of the board of directors of any municipal entity an official of any municipality or municipal entity an employee of any provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance Management Act, 1999 (Act 1 of 1999) a member of an accounting authority of any national or provincial public entity an employee of Parliament or a provincial legislature If any of the above boxes are marked, disclose the following: Name of principal Name of institution, public office, board or organ of state and position held Status of service (tick appropriate column) Current Within last 12 months *insert separate page if necessary Section 7: Record of spouses, children and parents in the service of the state Indicate by marking the relevant boxes with a cross, if any spouse, child or parent of a sole proprietor, partner in a partnership or director, manager, principal shareholder or stakeholder in a company or close corporation is currently or has been within the last 12 months been in the service of any of the following: a member of any municipal council a member of any provincial legislature a member of the National Assembly or the National Council of Province a member of the board of directors of any municipal entity an official of any municipality or municipal entity Name of spouse, child or parent an employee of any provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance Management Act, 1999 (Act 1 of 1999) a member of an accounting authority of any national or provincial public entity an employee of Parliament or a provincial legislature Name of institution, public office, board or organ of state and position held Status of service (tick appropriate column) Current Within last 12 months *insert separate page if necessary Section 8: Record of termination of previous contracts with an organ of state Was any contract between the tendering entity including any of its joint venture partners terminated during the past 5 years for reasons other than the employer no longer requiring such works or the employer failing to make payment in 13 TENDER NO.: DSUFS/02/16 terms of the contract. If yes, provide particulars (interest separate page if necessary) Section 9: Declaration The undersigned, who warrants that he / she is duly authorised to do so on behalf of the tendering entity: i) authorizes the Employer to obtain a tax clearance certificate from the South African Revenue Services that my / our tax matters are in order; ii) neither the name of the tendering entity or any of its principals appears on: a) the Register of Tender Defaulters established in terms of the Prevention and Combating of Corrupt Activities Act of 2004 b) National Treasury‟s Database of Restricted Suppliers (see www.treasury.gov.za) iii) neither the tendering entity of any of its principals has within the last five years been convicted of fraud or corruption by a court of law (including a court outside of the Republic of South Africa); iv) any principal who is presently employed by the state has the necessary permission to undertake remunerative work outside such employment; v) the tendering entity is not associated, linked or involved with any other tendering entities submitting tender offers vi) has not engaged in any prohibited restrictive horizontal practices including consultation, communication, agreement, or arrangement with any competing or potential tendering entity regarding prices, geographical areas in which goods and services will be rendered, approaches to determining prices or pricing parameters, intentions to submit a tender or not, the content of the submission (specification, timing, conditions of contract etc) or intention to not win a tender; vii) has no other relationship with any of the tenderers or those responsible for compiling the scope of work that could cause or be interpreted as a conflict of interest; and viii) the contents of this questionnaire are within my personal knowledge and are to the best of my belief both true and correct. Signed Date Name Position Enterprise name NOTE: 1 The CIDB Standard Conditions of Tender prohibits anticompetitive practices (clause F1.1.1) and requires that tenderers avoid conflicts of interest (clause F.1.1.2), only submit a tender offer if the tenderer or any of his principals is not under any restriction to do business with employer (F2.1.1) and submit only one tender either as a single tendering entity or as a member in a joint venture (clause F.13.1). Clause F.3.7 also empowers the Employer to disqualify any tenderer who engage in fraudulent and corrupt practice. Clause F1.1.1 also requires tenderers to comply with all legal obligations. NOTE: 2 Corrupt activities which give rise to an offence in terms of the Prevention and Combating of Corrupt Activities Act (Act No. 12 of 2004) include improperly influencing in any way the procurement of any contract, the fixing of the price, consideration or other moneys stipulated or otherwise provided for in any contract and the manipulating by any means of the award of a tender. NOTE: 3 The Competitions Act (Act 89 of 1998) prohibits restrictive horizontal practice including agreements between parties in a horizontal relationship which have the effect of substantially preventing or lessening competition, directly or indirectly fixing prices or dividing markets or constitute collusive tendering. It also prohibits restrictive vertical practices 14 TENDER NO.: DSUFS/02/16 Practice Declaration The undersigned, who warrants that he / she is duly authorised to do so on behalf of the tenderer confirms that: The tenderer is not an unincorporated joint venture and is (tick appropriate box): □ a close corporation – CK no . . . . . . . . . . . . . . . . . □ a company – company no . . . . . . . . . . . . . . . . . □ a partnership (Attach Proof of company registration in terms of the Companies Act, 2008 (Act 71 of 2008) or Close Corporation Act, 1984, (Act No. 69 of 1984) or partnership agreement as applicable) 2) The primary business of the tendering entity is to provide professional services to clients for a fee. 3) The tenderer has in their full time employ the following Principal Consultants (or Key Consultant whose name is stated as such in Part 2 of the Contract Data) i.e. the person who will lead and direct the provision of the required services in Bloemfontein (see scope of work): Name: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Identity number or passport number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Professional registration number: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Attach copy of the Professional registration certificate) 4) The two contactable references for completed projects for the provision of similar services as is to be provided under this contract by the key person and other personnel. Project description Completion Date Contactable client references Organisation: Contact Person1: Tel No: Contact Person 2: Tel No: Organisation: Contact Person1: Tel No: Contact Person 2: Tel No: Organisation: Contact Person1: Tel No: Contact Person 2: Tel No: 15 TENDER NO.: DSUFS/02/16 Organisation: Contact Person1: Tel No: Contact Person 2: Tel No: 5) The tenderer confirms that professional indemnity cover is in place in an amount of not less than R10,0 million without a limit to the number of claims (Attach a copy of the professional indemnity professional cover) 6) The tenderer confirms that the tenderer‟s turnover over the preceding financial year is not less than R7,0 million. (Attach suitable financial statements for the preceding financial year within 12 months of the year end ) I hereby declare that the contents of this Declaration are within my personal knowledge, and save where stated otherwise are to the best of my belief both true and correct. Signed: Date: Name: Position: Tenderer: 16 TENDER NO.: DSUFS/02/16 Proposed amendements and qualifications The Tenderer should record any deviations or qualifications he may wish to make to the tender documents in this Returnable Schedule. Alternatively, a tenderer may state such deviations and qualifications in a covering letter to his tender and reference such letter in this schedule. The Tenderer‟s attention is drawn to clause F.3.8 of the Standard Conditions of Tender referenced in the Tender Data regarding the employer‟s handling of material deviations and qualifications. Tenderers must not include deviations or qualifications relating to the scope of work in this schedule where they are required to submit an Approach Paper. Page Clause or item Proposal Signed Date Name Position Tenderer 17 TENDER NO.: DSUFS/02/16 SBD 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 value of this bid is estimated to exceed R1 000 000 (all applicable taxes included) and therefore the 90/10 system shall be applicable. 1.2 Preference points for this bid shall be awarded for: (a) (b) 1.3.1 Price; (comparative in terms of % fee discount offered from gazetted fees plus rand value of each category of key staff) B-BBEE Status Level of Contribution. The maximum points for this bid are allocated as follows: POINTS 1.3.1.1 PRICE 90 1.3.1.2 B-BBEE STATUS LEVEL OF CONTRIBUTION 10 Total points for Price and B-BBEE must not exceed 100 1.4. To qualify for award of B-BBEE points: Valid and Original or Originally-certified B-BBEE certificates issued by a SANAS-Accredited verification Agency must be submitted with bid Or Valid and Original or originally certified B-BBEE certificate issue by Registered Auditor, approved by the Independent Regulatory Board of Auditors (IRBA) Or For Exempted Micro Enterprise (EME), A Valid Original or Originally-certified certificate by Accounting Officer, as contemplated in the CCA or certified by a Registered Auditor or an Original Affidavit in a format prescribed by the Department of Trade & Industry. Joint Venture entities must submit an Original or Originally certified Consolidated B-BBEE certificate from SANASAccredited verification agency in order to qualify for points for their B-BBEE status level as an unincorporated entity. 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 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; 18 TENDER NO.: DSUFS/02/16 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 R 10 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; 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 considered for the 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. 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 90/10 PREFERENCE POINT SYSTEMS 19 TENDER NO.: DSUFS/02/16 A maximum of 90 points is allocated for price on the following basis: Pt P min Ps 901 P min 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: 5.2 B-BBEE Status Level of Contributor Number of points 1 10 2 9 3 8 4 5 5 4 6 3 7 2 8 1 Non-compliant contributor 0 (90/10 system) 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 20 TENDER NO.: DSUFS/02/16 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 subcontracted 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: 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 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 8.1.1 Will any portion of the contract be sub-contracted? If yes, indicate: (i) (ii) (iii) (iv) YES / NO (delete which is not applicable) what percentage of the contract will be subcontracted? the name of the sub-contractor? the B-BBEE status level of the sub-contractor? 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 company/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 ......................................................................................................................................................................................... ......................................................................................................................................................................................... ......................................................................................................................................................................................... 9.6 COMPANY CLASSIFICATION 9.7 Manufacturer Supplier Professional service provider Other service providers, e.g. transporter, etc. [Tick applicable box] Total number of years the company/firm has been in business? .................................................................................... 21 TENDER NO.: DSUFS/02/16 9.8 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 WITNESSES: 1. ……………………………………… …………………………………… SIGNATURE(S) OF BIDDER(S) 2. ……………………………………… DATE: ................................................................................. ADDRESS: ................................................................. .................................................................................... .................................................................................... 22 TENDER NO.: DSUFS/02/16 Schedule 1a: Company Experience – At least three (3) Contactable References Ref. no Name of person Departmental contact person and telephone number Department Name General Description of Assignment Project Construction Rand Value Period (Start date – End date) 1 2 3 4 5 The undersigned, who warrants that he / she is duly authorised to do so on behalf of the enterprise, confirms that the contents of this schedule are within my personal knowledge and are to the best of my belief both true and correct. Signed Date Name Position Tenderer 23 TENDER NO.: DSUFS/02/16 Schedule 1b: Experience of personnel The experience of the personnel who will be responsible for the execution of the assignment will be evaluated in relation to the scope of work from three different points of view: 1) 2) 3) General experience (total duration of work activity), level of education and training and positions held. The education, training, skills and experience and knowledge of issues which are pertinent to the scope of work. The staff members' / experts' knowledge of issues which the tenderer considers pertinent to the project e.g. local conditions, affected communities, legislation, techniques. A CV of the person should be attached to this schedule. Each CV should as a minimum contain the following: 1 2 3 4 5 Personal particulars - name - date and place of birth - place (s) of tertiary education and dates associated therewith - professional awards Qualifications (degrees, diplomas, grades of membership of professional societies and professional registrations)(Attach copies of each) Name of current employer and position in enterprise Overview of work experience (year, organization and position) Outline of recent assignments / experience that has a bearing on the scope of work The scoring of the experience of staff will be as follows and based on the information contained in the in accordance with the criteria as stated in the following table: General experience and qualifications in relation to the service Adequacy for the contract Score 0 Tenderer has submitted insufficient information to score the schedule Poor (score 40) Person has limited levels of general experience Person has limited levels of project specific education, training and experience that are pertinent to the scope of work Satisfactory (score 70) Person has reasonable levels of general experience Person has reasonable levels of project specific education, training and experience that are pertinent to the scope of work Good (score 90) Person has extensive levels of general experience Persons has extensive levels of project specific education, training and experience that are pertinent to the scope of work Very good (score 100) Person has outstanding levels of general experience Person has outstanding levels of project specific education, training and experience that are pertinent to the scope of work The undersigned, who warrants that he / she is duly authorised to do so on behalf of the enterprise, confirms that the contents of this schedule are within my personal knowledge and are to the best of my belief both true and correct. Signed Date Name Position Tenderer 24 TENDER NO.: DSUFS/02/16 Schedule 2: Value Add by Tenderer The value added by the tenderer in delivering the service will be evaluated i.e. the answer to the question as to why the Employer will derive better value for money by contracting with the tenderer rather than with any other tenderer. Examples of value add include: - internal quality control systems - local provincial knowledge - previous experience in working within a Free State Provincial Government Department - previous experience in working within the National or Provincial [sphere or sector] environment - local office and supporting resources in the vicinity where the works are required - previous experience in the compilation of procurement documents, e.g. NEC, GCC, JBCC etc. contracts and the management of procurement processes - value add as indicated in the approach paper to the provision of the required service The tenderer must briefly outline the value add offered in not more than four pages and attach this to this page. The tenderer should also state what value add other staff members will provide to the service. The scoring of the tenderer‟s value added will be as follows: Value Add by Tenderer Score 0 Tenderer has submitted no information or inadequate information to determine scoring level. Poor (score 40) Tenderer offers limited value add to the required service Satisfactory (score 70) Tenderer offers attractive value add to the required service Good (score 90) Tenderer offers very desirable value add to the required service Very good (score 100) Tenderer offers exceptional value add to the service required. The undersigned, who warrants that he / she is duly authorised to do so on behalf of the enterprise, confirms that the contents of this schedule are within my personal knowledge and are to the best of my belief both true and correct. Signed Date Name Position Tenderer 25 TENDER NO.: DSUFS/02/16 Schedule 3: Approach paper The approach paper must respond to the scope of work and outline the proposed approach / methodology. The approach paper should in addition: explain the methodologies which are to be adopted; demonstrate the compatibility of those methodologies with the proposed approach; articulate how the tenderer will provide the services to achieve the stated and implied objectives for the project; The tenderer should as such explain his / her understanding of the objectives of the assignment and the Employer‟s stated and implied requirements, highlight the issues of importance, and explain the technical approach they would adopt to address them. The approach paper should explain the methodologies which are to be adopted, demonstrate the compatibility of those methodologies with the proposed approach. The approach should also include a high level quality plan which outlines processes, procedures and associated resources, applied by whom and when, to meet the requirements and indicate how risks will be managed and what contribution can be made regarding value management. The tenderer must attach his / her approach paper to this page. The approach paper should not be longer than 8 pages. The scoring of the approach paper will be as follows: Technical approach and methodology Score 0 Tenderer has submitted insufficient information to score the schedule Poor (score 40) The technical approach and / or methodology is poor / is unlikely to satisfy project objectives or requirements. The tenderer has misunderstood certain aspects of the scope of work and does not deal with the critical aspects of the project. Satisfactory (score 70) The approach is generic and not tailored to address the specific project objectives and methodology. The approach does not adequately deal with the critical characteristics of the project. The quality plan, manner in which risk is to be managed etc. is too generic. Good (score 90) The approach is specifically tailored to address the specific project objectives and methodology and is sufficiently flexible to accommodate changes that may occur during execution. The quality plan and approach to managing risk etc. is specifically tailored to the critical characteristics of the project. Very good (score 100) Besides meeting the “good” rating, the important issues are approached in an innovative and efficient way, indicating that the tenderer has outstanding knowledge of state-of-the- art approaches. The approach paper details ways to improve the project outcomes and the quality of the outputs The undersigned, who warrants that he / she is duly authorised to do so on behalf of the enterprise, confirms that the contents of this schedule are within my personal knowledge and are to the best of my belief both true and correct. Signed Date Name Position Tenderer 26 TENDER NO.: DSUFS/02/16 Independent Development Trust PHG BUILDING 196 NELSON MANDELA DRIVE BRANDWAG BLOEMFONTEIN, 9301 PO Box 12380, BRANDHOF, 9324 Tel: (051) 411 6240 Website: www.idt.org.za TENDER NO.: DSUFS/02/16 Error! Reference source not found. Tender No: DSUFS/02/16 C1.1 Form of Offer and Acceptance Offer The Employer, identified in the Acceptance signature block, has solicited offers for the provision of services as described in the Part 1 of the Contract Data. 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 authorised, signing this part of this Form of Offer and Acceptance the tenderer offers to perform all of the obligations and liabilities of the Consultant 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 COMPETITIVE PERCENTAGE (%) DISCOUNTS ON PROJECT-COST BASIS, AS PER ECSA, SACAP, SACQS, SACPCMP GUIDELINE SCOPE OF SERVICES AND TARIFF OF FEES, AS WELL AS RAND VALUE STAFF RATES FOR EACH CATEGORY OF KEY PERSONNEL (EXCLUSIVE OF VAT) ARE IN ACCORDANCE WITH THE CONDITIONS OF CONTRACT. NB: IN CASE OF CONSTRUCTION HEALTH & SAFETY PROFESSION, ONLY STAFF RATES TO BE TENDERED) 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 including the Schedule of Deviations (if any) to the tenderer before the end of the period of validity stated in the Tender Data, or other period as agreed, whereupon the tenderer becomes the party named as the Contractor in the conditions of contract identified in the Contract Data. Signature(s) Name(s) Capacity For the tenderer: (Insert name and address of organisation) Name & signature of witness Date 27 TENDER NO.: DSUFS/02/16 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 Consultant 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 Form of Offer and Acceptance) Part C2 Pricing Data Part C3 Scope of Work and drawings and documents (or parts thereof), which may be incorporated by reference into the above listed Parts. Deviations from and amendments to the documents listed in the Tender Data and any addenda thereto listed in the Returnable 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 Form of Offer and Acceptance. No amendments to or deviations from said documents are valid unless contained in this Schedule. The tenderer shall within two weeks of 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 securities, bonds, guarantees, proof of insurance and any other documentation to be provided in terms of the conditions of contract identified in the Contract Data. Failure to fulfil any of these obligations in accordance with those terms shall constitute a repudiation of this agreement. Notwithstanding anything contained herein, this agreement comes into effect on the date when the tenderer receives one fully completed original copy of this document, including the Schedule of Deviations (if any). Unless the tenderer (now Consultant) within five working days of the date of such receipt notifies the Employer in writing of any reason why he cannot accept the contents of this agreement, this agreement shall constitute a binding contract between the Parties. Signature(s) Name(s) Capacity For the Employer: INDEPENDENT DEVELOPMENT TRUST (IDT) PHG BUILDING 196 NELSON MANDELA DRIVE BRANDWAG BLOEMFONTEIN, 9301 PO Box 12380, BRANDHOF, 9324 Tel: (051) 411 6240 Website: www.idt.org.za Name & signature of witness Date 28 TENDER NO.: DSUFS/02/16 Schedule of Deviations No Subject Details 1 2 3 4 5 6 7 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 returnable 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. 29 TENDER NO.: DSUFS/02/16 Independent Development Trust PHG BUILDING 196 NELSON MANDELA DRIVE BRANDWAG BLOEMFONTEIN, 9301 PO Box 12380, BRANDHOF, 9324 Tel: (051) 411 6240 Website: www.idt.org.za TENDER NO.: DSUFS/02/16 Tender No: DSUFS/02/16 Part C1.2 Contract Data The Conditions of Contract are the NEC3 Professional Services Contract (PSC) (Third edition of April 2013) published by the Institution of Civil Engineers, copies of which may be obtained from Engineering Contract Strategies (telephone 011-803 3008). Each item of data given below is cross-referenced to the clause in the NEC3 Professional Services Contract which requires it. Part one - Data provided by the Employer 1 General The conditions of contract are the core clauses and the clauses for main Option G: Term contract dispute resolution Option W1: Dispute resolution procedure and secondary Options X1: Price adjustment for inflation X2: Changes in the law X7: Delay damages X9: Transfer of rights X10: The Employer‟s Agent Z: Additional conditions of contract of the NEC3 Professional Services Contract (Third Edition of April 2013) 10.1 The Employer is (Name): Independent Development Trust (IDT) Address PHG Building, 196 Nelson Mandela Drive, Brandwag, Bloemfontein Tel No. 0514116240 Fax No. N/A Email: fsidtbid@idt.org.za 11.2.6 The Key Dates and the conditions to be met are as stated in the Task Order: 30 TENDER NO.: DSUFS/02/16 11.2(9) The services relate to the provision of a range of services relating to [scope of work] 11.2(10) The following matters will be included in the Risk Register: 1. The total of Prices in each Task Order exceeds the control budget stated in the Task Order. 11.2(11) The Scope is in the document called Part 3: Scope of Work 12.2 The law of the contract is the law of the Republic of South Africa subject to the jurisdiction of the Courts of South Africa. 13.1 The language of this contract is English 13.3 The period for reply is two weeks 2 The Parties‟ main responsibilities No data is required for this section of the conditions of contract. 25.2 The Employer provides access to persons, places and things as stated in the Task Order 3 Time 11.2(3) The completion date for the whole of the services is 36 months after the starting date. No task orders will be issued after this date, but task orders not yet completed by this date should still be completed after this date. The completion date for the whole of the services included in a Work Package is as stated in the Task Order. 11.2(6) The key dates and the conditions to be met are as stated in the Task Order. 31.1 The Consultant is to submit a first programme for acceptance within the time stated in the Task Order. 32.2 The Consultant submits revised programmes at intervals no longer than the period stated in the Task Order. 4 Quality 40.2 The quality policy statement and quality plan are provided within the time stated in the Task Order. 41.1 The defects date is 52 weeks after Completion of a Task for the services associated with such a Task 5 Payment 50.1 The assessment interval is monthly on or before the 25th day of each successive month. 50.3 The expenses stated by the Employer are: Item Amount printing or reproduction of documents issued to the Employer or, where instructed by the Employer, to Others, other than general correspondence and minor reports; covers and binding of documents issued to the Employer or, where instructed by the Employer, to Others other than general correspondence; and minor reports maps, models and presentation materials required by the Employer market related cost or in accordance with the latest Rates for Reimbursable expenses published on www.publicworks.gov.za/ consultants airfares, taxi, hired car, parking charges and toll fees for travel outside of Bloemfontein Municipal area to perform the services where authorised by the Employer; accommodation where the services necessitates that staff need to travel outside of the Bloemfontein Municipal area to perform the services where authorised by the Employer. Cost vehicle travel outside of the Bloemfontein Municipal area to perform the services where authorised by the Employer; subsistence allowance where the services necessitates that staff need to travel outside of the Bloemfontein Municipal area to perform the services where authorised by the Employer in accordance with the latest Rates for Reimbursable expenses published on www.publicworks.gov.za/ consultants 31 TENDER NO.: DSUFS/02/16 specialist studies, tests and facilities for Others where instructed by the Employer 51.2 The currency of this contract is the South African Rand. 51.5 The interest rate is the prime lending rate of the Employer‟s Bank. 6 Compensation events cost plus 10% No data required for this section of the conditions of contract. 7 Rights to material No data is required for this section of the conditions of contract. 8 Indemnity, insurance and liability 81.1 The amounts of insurance and the periods for which the Consultant maintains insurance are Event Cover Period following Completion of the whole of the services or earlier termination failure by the Consultant to use the skill and care normally used by professionals providing services similar to the services R 3 million in respect of each claim, without limit to the number of claims For as long as the Consultant remains in Business death of or bodily injury to a person (not an employee of the Consultant) or loss of or damage to property resulting from an action or failure to take action by the Consultant R 3 million in respect of each claim, without limit to the number of claims 0 death of or bodily injury to employees of the Consultant arising out of and in the course of their employment in connection with this contract That which is prescribed by the Compensation injuries and Diseases Act No. 130 of 1993 as amended and whatever the Consultant deems desirable in addition 0 82.1 The Consultant‟s total liability to the Employer for all matters arising under or in connection with this contract, other than the excluded matters, is limited to the amount of the insurance cover which this contract requires 9 Termination There is no Contract Data required for this section of the conditions of contract. 10 Data for main Option clause G Term contract 21.4 The Consultant prepares forecasts of the total Time Charge and expenses at intervals no longer than 5 weeks. 11 Data for Option W1 W1.1 The Adjudicator is the person selected by the Parties in terms of the relevant Z Clause from the Panel of NEC Adjudicators set up by ICE-SA, a Joint Division of the Institution of Civil Engineers and the South African Institution of Civil Engineering (see www.ice-sa.org.za). W1.2(3) The adjudicator nominating body is the Chairman of ICE-SA, a Joint Division of the Institution of Civil Engineers and the South African Institution of Civil Engineering (see www.ice-sa.org.za). W1.4(2) The tribunal is arbitration 32 TENDER NO.: DSUFS/02/16 W1.4(5) The arbitration procedure is as set out in the Rules for the Conduct of Arbitrations Fifth Edition 2005 published by the Association of Arbitrators (Southern Africa The place where arbitration is to be held is Bloemfontein The person or organisation who will choose an arbitrator if the Parties cannot agree a choice or if the arbitration procedure does not state who selects an arbitrator, is the Chairman of the Association of Arbitrators (Southern Africa) 12 Data for secondary Option clauses X1 Price adjustment for inflation X1.1 The index is the index published in “Consumer Price Index: index numbers and year on year rates ” as published in the Statistical News Release, P0141 Table B of Statistics South Africa.. The staff rates are: fixed at the Contract Date and are not variable with changes in salary are those that are based on a rate per hour. variable with changes in salary paid to individuals are those derived from the total annual cost of employment. X2 Changes in the law X2.1 The law of the project is the law of the Republic of South Africa subject to the jurisdiction of the Courts of South Africa. X7 Delay damages X7.1 Delay damages for Completion of the whole of the services are as stated in the Task Order. X10 The Employer‟s Agent X10.1 The Employer‟s Agent is as stated in the Task Order The authority of the Employer‟s Agent is fully empowered to act on behalf of the Employer for the services covered by the Task Order. Z Additional conditions of contract The additional conditions of contract are: Z1 Tax invoices The Consultant‟s invoice. Delete the first sentence of core clause 50.2 and replace with: Invoices submitted by the Consultant to the Employer include the details stated in the Scope to show how the amount due has been assessed, and the details required by the Employer for a valid tax invoice. Delete the first sentence of core clause 51.1 and replace by: Each payment is made by the Employer within three weeks of receiving the Consultant‟s invoice showing the details which this contract requires or, if a different period is stated in the Contract Data, within the period stated. Z2 Selection and appointment of the Adjudicator A Party may at any time notify the other Party of the names of two persons he has chosen from the Panel of NEC Adjudicators set up by ICE-SA, a Joint Division of the Institution of Civil Engineers and the South African Institution of Civil Engineering (see www.ice-sa.org.za) whose availability to act as the Adjudicator the notifying Party has confirmed. The other Party selects one of the two persons chosen to be the Adjudicator within four days of receiving the notice, failing which the person chosen by the notifying Party will be the Adjudicator. The Parties appoint the selected Adjudicator under the NEC3 Adjudicator‟s Contract, April 2013. Z3 Vendor registration The Consultant registers on the National Treasury Database by completing the relevant Vendor Registration Form and providing all the required information. 33 TENDER NO.: DSUFS/02/16 Z4 Acts or omissions by mandatories In terms of Section 37(2) of the Occupational health and Safety Act of 1993 (Act 85 of 1993), the Consultant hereby agrees that the Employer is relieved of any and all of its liabilities in terms of Section 37(1) of this Act in respect of any acts or omissions of the Consultant and his employees to the extent permitted by this Act, and that this contract comprises the written agreement between the Employer and the Consultant contemplated in section 37(2). Z5 Control budgets for Task Orders The Consultant does not provide services associated with a Task Order which causes the control budget associated with such order to be exceeded except where the Employer has accepted the Consultant‟s proposals to do so. 34 TENDER NO.: DSUFS/02/16 Independent Development Trust PHG BUILDING 196 NELSON MANDELA DRIVE BRANDWAG BLOEMFONTEIN, 9301 PO Box 12380, BRANDHOF, 9324 Tel: (051) 411 6240 Website: www.idt.org.za TENDER NO.: DSUFS/02/16 Tender No: DSUFS/02/16 Part C1.2 Contract Data The Consultant is advised to read the NEC3 Professional Services Contract (April 2013) and the relevant Guidance Notes and Flow Charts, published by the Institution of Civil Engineers, in order to understand the implications of this Data which is required. Copies of these documents may be obtained from Engineering Contract Strategies (telephone (27) 011 803 3008). Each item of data given below is cross-referenced to the clause in the NEC3 Professional Services Contract to which it mainly applies. Part two - Data provided by the Consultant 10.1 The Consultant is (Name): Address Tel No. Fax No. Email 11.2(8) Professional fees and staff rates as per Part C2 (Pricing Data) 24.1 The Consultant's key persons are: 1 Name: Job: Responsibilities: Qualifications: see CV (Attached) Experience: see CV (Attached) 35 TENDER NO.: DSUFS/02/16 Independent Development Trust PHG BUILDING 196 NELSON MANDELA DRIVE BRANDWAG BLOEMFONTEIN, 9301 PO Box 12380, BRANDHOF, 9324 Tel: (051) 411 6240 Website: www.idt.org.za TENDER NO.: DSUFS/02/16 Error! Reference source not found. Tender No: DSUFS/02/16 Part C1.3 Pro forma Performance Bond – Demand Guarantee (to be reproduced exactly as shown below on the letterhead of the Bank providing the Bond / Guarantee) [Insert Contractor’s name and registered address] Bank reference No. Date: Dear Sirs, Performance Bond – Demand Guarantee for [insert name of Contractor] required in terms of contract [insert Contractor’s contract reference number or title] 1. In this Guarantee the following words and expressions shall have the following meanings:- 1.1 “Bank” means [Insert name of Bank], Branch, and Registration No. 1.2 “Bank‟s Address” means [Insert physical address of Bank] 1.3 “Contract” means the written agreement relating to providing the works, entered into between the Employer and the Contractor, on or about the , , , day of . . . . . . . . . . . (Contract Reference No. . . . . . . . . .) as amended, varied, restated, novated or substituted from time to time; (insert day, month year and Contract Reference No) 1.4 “Contractor” means . . . . . . . . . . . . a company registered in accordance with the laws of . . . . . . . . . under Registration No . . . . . . . . . . (insert name of contractor, name of the country and the company registration number) 1.5 “Employer” means [insert name of Employer] 36 TENDER NO.: DSUFS/02/16 1.6 “Expiry Date” means the earlier of the date that the Bank receives a notice from the Employer stating that all amounts due from the Contractor as certified in terms of the contract have been received by the Employer and that the Contractor has fulfilled all his obligations under the Contract, or the date that the Bank issues a replacement Bond for such lesser or higher amount as may be required by the Employer. 1.7 “Guaranteed Sum” means the sum of R. . . . . . . . . . . . ., (. . . . . . . . . . . . Rand) (state amount in Rand in figures and in words) 1.8 “works” means [insert details from Contract Data part 1] 2. At the instance of the Contractor, we the undersigned ______________ and ______________, in our respective capacities as _____________ and ___________ of the Bank, and duly authorized thereto, confirm that we hold the Guaranteed Sum at the disposal of the Employer as security for the proper performance by the Contractor of all of its obligations in terms of and arising from the Contract and hereby undertake to pay to the Employer, on written demand from the Employer received prior to the Expiry Date, any sum or sums not exceeding in total the Guaranteed Sum. 3. A demand for payment under this guarantee shall be made in writing at the Bank‟s address and shall: be signed on behalf of the Employer by a director of the Employer; state the amount claimed (“the Demand Amount‟); state that the Demand Amount is payable to the Employer in the circumstances contemplated in the Contract. 4. Notwithstanding the reference herein to the Contract the liability of the Bank in terms hereof is as principal and not as surety and the Bank‟s obligation/s to make payment: is and shall be absolute provided demand is made in terms of this bond in all circumstances; and is not, and shall not be construed to be, accessory or collateral on any basis whatsoever. 5. The Bank‟s obligations in terms of this Guarantee: shall be restricted to the payment of money only and shall be limited to the maximum of the Guaranteed Sum; and shall not be discharged and compliance with any demand for payment received by the Bank in terms hereof shall not be delayed, by the fact that a dispute may exist between the Employer and the Contractor. 6. The Employer shall be entitled to arrange its affairs with the Contractor in any manner which it sees fit, without advising us and without affecting our liability under this Guarantee. This includes, without limitation, any extensions, indulgences, release or compromise granted to the Contractor or any variation under or to the Contract. 7. Should the Employer cede its rights against the Contractor to a third party where such cession is permitted under the Contract, then the Employer shall be entitled to cede to such third party the rights of the Employer under this Guarantee on written notification to the Bank of such cession. 8. This Guarantee: shall expire on the Expiry Date until which time it is irrevocable; is, save as provided for in 7 above, personal to the Employer and is neither negotiable nor transferable; shall be returned to the Bank upon the earlier of payment of the full Guaranteed Sum or expiry hereof; shall be regarded as a liquid document for the purpose of obtaining a court order; and shall be governed by and construed in accordance with the law of the Republic of South Africa and shall be subject to the jurisdiction of the Courts of the Republic of South Africa. will be invalid and unenforceable if any claim which arises or demand for payment is received after the Expiry Date. 9. The Bank chooses domicilium citandi et executandi for all purposes in connection with this Guarantee at the Bank‟s Address. Signed at on this day of For and on behalf of the Bank Bank Signatory (s) Name (s) (printed) 37 TENDER NO.: DSUFS/02/16 20……. Witness (es) Bank‟s seal or stamp 38 TENDER NO.: DSUFS/02/16 Independent Development Trust PHG BUILDING 196 NELSON MANDELA DRIVE BRANDWAG BLOEMFONTEIN, 9301 PO Box 12380, BRANDHOF, 9324 Tel: (051) 411 6240 Website: www.idt.org.za TENDER NO.: DSUFS/02/16 Tender No: DSUFS/02/16 Part C2 Pricing Data C2.1 Pricing assumptions (Option G) C.2.1.1 General C.2.1.1.1 The Consultant is paid under Option G (Term Contract) i.e. on a combination of project-based tariff of fees and Time Charges (sum of the products for each of the staff rate multiplied by the time appropriate to that rate properly spent on work in the contract) C2.1.1.2 Expenses as provided for in the contract are paid in addition to the total of the project cost-based tariff and Time Charges, but in line with Government rates as published by Department Works from time to time. C2.1.1.3 There is no adjustment to the lump sums for items in the Task Schedule if the amount, or quantity, of work within that activity later turns out to be different to that which the Consultant estimated at the time that the Task Schedule was accepted by the Employer. The only basis for a change to the lump sum prices is as a result of a compensation event (See Clause 60.1). C.2.1.2 Professional Fees The Professional fees are project-cost based, in line with ECSA, SACAP, SACQS & SACPCMP guideline scope of services and tariff of fees taking into account competitive percentage (%) discount offered by the Bidders. NB: In case of Construction Health & Safety Professionals, only staff rates must be tendered. C.2.1.2 Staff rates C.2.1.2.1 The staff rates are the prices charged for staff including: a) all the costs to the Consultant including total annual cost of employment, overhead charges incurred as part of normal business operations including the cost of management, as well as payments to administrative, clerical, IT support and secretarial staff used to support professional and technical staff in general and not on a specific project only; b) the time and costs expended in travelling to and from a site, meetings or any other activity associated with the provision of the service, except for travel outside the Bloemfontein Urban Area required by the Employer; c) non-recoverable expenses; d) Subsistence expenses such as meals, parking and similar incidental expenses; e) all protective clothing and all standard equipment such as office furniture, copiers, plotters, computers, software. f) profit. 39 C.2.1.2.2 The total annual cost of employment is the total amount borne by the consultant in respect of the employment of a staff member per year comprising basic salary and fringe benefits not reflected in the basic salary, including: a) normal annual bonus; b) consultant‟s contribution to medical aid, unemployment insurance fund, pension or provident fund; c) all other benefits or allowances payable in terms of a letter of appointment excluding any share of profit and payment for overtime; d) all other benefits or allowances payable in terms of a letter of appointment excluding any share of profit and payment for overtime. C.2.1.2.3 The staff rates for staff whose hourly or monthly rate is based on the total annual cost of employment shall not exceed the staff rate for category A or Category C, respectively. C.2.1.2.4 All staff that are deployed on a full time basis shall be remunerated in terms of staff rate C or D as relevant. C.2.1.2.5 The rate per month shall include all leave taken in accordance with the letter of appointment and non-working days. C.2.1.2.6 The staff rates exclude VAT. C.2.1.3 Expenses C.2.1.3.1 The expenses that may be paid to the Consultant are as stated in the Contract Data. All other cost to the Consultant associated with Providing the Services is included within the staff rates. C.2.1.3.2 All air travel where specifically authorised by the Employer‟s Agent shall be in economy class on a scheduled airline. C.2.1.3.3 Accommodation where specifically authorised by the Employer‟s Agent means: a) bed and breakfast; b) a guest house; c) self catering; or d) hotel. Note: The cost of accommodation shall not exceed an amount per night as published by National Treasury from time to time and approved by the Employer‟s Agent. C.2.1.3.4 A hired car where specifically authorised by the Employer‟s Agent means a motor vehicle having an engine capacity of not more than 1800cc. Note: If A hired car having an engine capacity greater than 1800cc is used, only the lowest applicable rate of the rental agency from which the car was rented, for a car having an engine capacity of 1800cc, can be claimed. C.2.1.3.5 The costs associated with the provision of facilities by the consultant where required by the Employer shall be at open market or competitively tendered prices with deductions for all discounts, rebates and taxes which can be recovered. 40 Independent Development Trust PHG BUILDING 196 NELSON MANDELA DRIVE BRANDWAG BLOEMFONTEIN, 9301 PO Box 12380, BRANDHOF, 9324 Tel: (051) 411 6240 Website: www.idt.org.za TENDER NO.: DSUFS/02/16 C2.2 Staff Rates C2.2.1 Staff Rates for Engineering Services Category A B Description Basis of staff rate, excluding VAT Shall mean a top practitioner with over 20 years of experience whose expertise and relevant experience is nationally or internationally Rate per hour in Rand recognised and who provides advice at a level of specialisation where such advice is recognised as that of an expert. R........... Shall mean a person with over 10 years of experience who acts as a partner, a sole proprietor, a director, or a member who jointly or severally with other partners, co-directors or comembers, bears the risks of the business, or a person that takes responsibility for the projects and related liabilities of such practice and where his/her Rate per hour in Rand level of expertise and relevant experience is commensurate with the position, performs work of a conceptual nature in engineering design and development, provides strategic guidance in planning and executing a project and/or carries responsibility for a quality management pertaining to a project C Tendered parameter Shall mean all salaried professional staff who are registered as such in terms of applicable Acts and with adequate expertise (in the range of 3 to 15 years) and relevant experience performing work of an engineering nature and who carry the direct technical responsibility for Rate per hour in Rand one or more specific activities related to a project. A person referred to in Category B may also fall in this category if such person performs work of an engineering nature at this level. R........... R........... Shall mean all other salaries technical staff with D adequate expertise and relevant experience performing work of an engineering nature with Rate per hour in Rand direction and control provided by any person contemplated in categories A,B or C 41 R........... Independent Development Trust PHG BUILDING 196 NELSON MANDELA DRIVE BRANDWAG BLOEMFONTEIN, 9301 PO Box 12380, BRANDHOF, 9324 Tel: (051) 411 6240 Website: www.idt.org.za TENDER NO.: DSUFS/02/16 C2.2.2 Staff Rates for Architectural Services Category Description Basis of staff rate, excluding VAT Tendered parameter 1. Principal; Partner & Equity Holders Specialist Rate per hour in Rand R........... ≥ 10 years‟ experience Rate per hour in Rand R........... ≤ 10 years‟ experience Rate per hour in Rand R........... 2a. Salaried Staff Associates and Managers Rate per hour in Rand R........... 2b. Salaried Staff Registered architectural professionals performing work of an architectural nature Rate per hour in Rand and carrying direct responsibility for activities related to a project R........... 2c. Salaried Staff Registered architectural professionals performing work of an architectural nature Rate per hour in Rand under direction and control R........... 2d. Salaried Staff Staff performing work under direction and Rate per hour in Rand control to support architectural work outputs R........... 42 Independent Development Trust PHG BUILDING 196 NELSON MANDELA DRIVE BRANDWAG BLOEMFONTEIN, 9301 PO Box 12380, BRANDHOF, 9324 Tel: (051) 411 6240 Website: www.idt.org.za TENDER NO.: DSUFS/02/16 C2.2.3 Staff Rates for Quantity Surveying Services Categor y A Description Registered Professional Principal: Specialist Work Registered Professional Exceeding 10 years‟ experience Basis of staff rate, excluding VAT Tendered parameter Rate per hour in Rand R........... Rate per hour in Rand R........... Rate per hour in Rand R........... Rate per hour in Rand R........... Rate per hour in Rand R........... Rate per hour in Rand R........... Principal: Registered Professional Principal: Exceeding 5 years‟ experience, less than 10 years B C Registered Professional Principal: Less than 5 years‟ experience Registered Professional Salaried professional & Technical personnel “Principal”, for this purpose, is a person who acts as a partner, a sole proprietor, a director or a member who, jointly or severally with other partners, co-directors or co-members, bears the risks of the business, or a person who takes responsibility for projects and related liabilities of such practice and where such person‟s level of expertise and relevant experience is commensurate with such position “Experience”, for this purpose, commences from the date of being awarded professional quantity surveyor (PrQS) registration status by the South African Council for the Quantity Surveying Profession “Specialist work”, other than expert witness, mediator, arbitrator or umpire, for this purpose, is work of a specialist nature performed by a quantity surveyor who has more than 10 years‟ experience as a PrQS as well as specialist knowledge and expertise in the construction industry 43 Independent Development Trust PHG BUILDING 196 NELSON MANDELA DRIVE BRANDWAG BLOEMFONTEIN, 9301 PO Box 12380, BRANDHOF, 9324 Tel: (051) 411 6240 Website: www.idt.org.za TENDER NO.: DSUFS/02/16 C2.2.4 Staff Rates for Project Management Services Category Description Basis of staff rate, excluding VAT Tendered parameter A Registered Professional Principal: Rate per hour in Rand Exceeding 10 years‟ experience Registered Professional Principal: Exceeding 5 years‟ experience, less than Rate per hour in Rand 10 years R........... R........... B C Registered Professional Principal: Less Rate per hour in Rand than 5 years‟ experience R........... Registered Professional Salaried professional personnel & Rate per hour in Rand R........... Rate per hour in Rand R........... Technical 44 Independent Development Trust PHG BUILDING 196 NELSON MANDELA DRIVE BRANDWAG BLOEMFONTEIN, 9301 PO Box 12380, BRANDHOF, 9324 Tel: (051) 411 6240 Website: www.idt.org.za TENDER NO.: DSUFS/02/16 C2.2.5 Staff Rates for Construction Health & Safety Services Categ ory Description Basis of staff rate, excluding VAT Tendered Parameter A Registered Professional Principal: Exceeding 10 Rate per hour in Rand years‟ experience Registered Professional Principal: Exceeding 5 years‟ experience, less than 10 years Rate per hour in Rand R........... Registered Professional Principal: Less than 5 Rate per hour in Rand years‟ experience R........... B C R........... Registered Professional Salaried professional & Technical personnel 45 Rate per hour in Rand R........... Rate per hour in Rand R........... Independent Development Trust PHG BUILDING 196 NELSON MANDELA DRIVE BRANDWAG BLOEMFONTEIN, 9301 PO Box 12380, BRANDHOF, 9324 Tel: (051) 411 6240 Website: www.idt.org.za TENDER NO.: DSUFS/02/16 Complete only the applicable Service / Discipline Tendering for: C2.3 Project Cost-Based Fees Architectural Professional Services C 2.3 (i) Additional function: Principal Agent Competitive discount basis: Partial services - Generic designs provided Project Framework Agreement for the Provision of Architectural, Quantity Surveying, Engineering , Project Management and Construction Health & Safety Professional Services for the Repairs, Renovations, Additions and New Infrastructure Projects for a period of three year-term without guarantee of quantum of work Project Cost Estimate Estimate Amount To be determined at award Estimate cost of work 3. BASIC FEE (Gazette No. 38863, Board Notice 122 of 2015) Basic Fee Lower range To be determined at award Standard service Primary Fee To be determined at award Percentage To be determined at award Proportion of fee % Discount offer Stage 1 Inception 5% Stage 2 Concept and Viability 15% Stage 3 20% Stage 5 Design development Local authority submissions Construction documentation Construction Stage 6 Close out 10% Stage 4.1 Stage 4.2 20% 10% 20% Fee Offer 100% 46 Total To be determined at award Independent Development Trust PHG BUILDING 196 NELSON MANDELA DRIVE BRANDWAG BLOEMFONTEIN, 9301 PO Box 12380, BRANDHOF, 9324 Tel: (051) 411 6240 Website: www.idt.org.za TENDER NO.: DSUFS/02/16 Quantity Surveying Professional Services C 2.3 (ii) Additional function: N/A Competitive discount basis: Partial services - Generic designs and BOQ provided Project Framework Agreement for the Provision of Architectural, Quantity Surveying, Engineering, Project Management and Construction Health & Safety Professional Services for the Repairs, Renovations, Additions and New Infrastructure Projects for a period of three year-term without guarantee of quantum of work Project Cost Estimate Estimate Amount To be determined at award Estimate cost of work 3. BASIC FEE (Gazette No. 39134, Board Notice 170 of 2015) Basic Fee Lower range To be determined at award Primary Fee To be determined at award Percentage To be determined at award Proportion of fee % Discount offer Standard service Stage 1 Inception Stage 2 Concept and Viability 2.5% 5% Stage 3 Design development 7.5% Stage 4 Documentation and procurement 35% Stage 5 Construction 40% Stage 6 Close out 10% Fee Offer 100% 47 Total To be determined at award Independent Development Trust PHG BUILDING 196 NELSON MANDELA DRIVE BRANDWAG BLOEMFONTEIN, 9301 PO Box 12380, BRANDHOF, 9324 Tel: (051) 411 6240 Website: www.idt.org.za TENDER NO.: DSUFS/02/16 Civil / Structural Engineering Professional Services Pertaining to Building Projects C 2.3 (iii) Additional function: N/A Competitive discount basis: Partial services - Generic designs Project Framework Agreement for the Provision of Architectural, Quantity Surveying, Engineering, Project Management and Construction Health & Safety Professional Services for the Repairs, Renovations, Additions and New Infrastructure Projects for a period of three year-term without guarantee of quantum of work Project Cost Estimate Estimate work cost Estimate Amount To be determined at award of 3. BASIC FEE (Gazette No. 39480, Board Notice 138 of 2015) Lower range To be determined at award Basic Fee Standard service Primary Fee To be determined at award Percentage To be determined at award Proportion of fee % Discount Offer Stage 1 Inception 5% Stage 2 Concept and Viability 25% Stage 3 Design development 25% Stage 4 Documentation and procurement Contract administration and inspection 15% Close out 10% Stage 5 Stage 6 20% Fee Offer 100% 48 Total To be determined at award Independent Development Trust PHG BUILDING 196 NELSON MANDELA DRIVE BRANDWAG BLOEMFONTEIN, 9301 PO Box 12380, BRANDHOF, 9324 Tel: (051) 411 6240 Website: www.idt.org.za TENDER NO.: DSUFS/02/16 Civil / Structural Engineering Professional Services Pertaining to Engineering Projects C 2.3 (iv) Additional function: N/A Competitive discount basis: Partial services - Generic designs Project Framework Agreement for the Provision of Architectural, Quantity Surveying, Engineering, Project Management and Construction Health & Safety Professional Services for the Repairs, Renovations, Additions and New Infrastructure Projects for a period of three year-term without guarantee of quantum of work Project Cost Estimate Estimate Amount Estimate work cost To determined award of be at 3. BASIC FEE (Gazette No. 39480, Board Notice 138 of 2015) Lower range To be determined at award Primary Fee To be determined at award Basic Fee Standard service Proportion of fee Stage 1 Inception 5% Stage 2 Concept and Viability 25% Stage 3 Design development 30% Stage 4 Documentation and procurement 10% Stage 5 Contract administration and inspection 20% Stage 6 Close out 10% Fee Offer 100% 49 Percentage To be determined at award % Discount Offer Total To determined award be at Independent Development Trust PHG BUILDING 196 NELSON MANDELA DRIVE BRANDWAG BLOEMFONTEIN, 9301 PO Box 12380, BRANDHOF, 9324 Tel: (051) 411 6240 Website: www.idt.org.za TENDER NO.: DSUFS/02/16 Electrical / Mechanical Engineering Professional Services Pertaining to Building Projects C 2.3 (v) Additional function: N/A Competitive discount basis: Partial services - Generic designs Project Framework Agreement for the Provision of Architectural, Quantity Surveying, Engineering, Project Management and Construction Health & Safety Professional Services for the Repairs, Renovations, Additions and New Infrastructure Projects for a period of three year-term without guarantee of quantum of work Project Cost Estimate Estimate Amount Estimate work cost of To be determined at award 3. BASIC FEE (Gazette No. 39480, Board Notice 138 of 2015) Lower range To be determined at award Basic Fee Standard service Primary Fee To be determined at award Proportion of fee Stage 1 Inception 5% Stage 2 Concept and Viability Design development, Documentation and Procurement Contract administration and inspection 15% Close out 10% Stage 3 Stage 4 Stage 5 30% 40% Fee Offer 100% 50 Percentage To be determined at award % Discount Offer Total To be determined at award Independent Development Trust PHG BUILDING 196 NELSON MANDELA DRIVE BRANDWAG BLOEMFONTEIN, 9301 PO Box 12380, BRANDHOF, 9324 Tel: (051) 411 6240 Website: www.idt.org.za TENDER NO.: DSUFS/02/16 Electrical / Mechanical Engineering Professional Services C 2.3 (vi) Pertaining to Engineering Projects Additional function: N/A Competitive discount basis: Partial services - Generic designs Project Framework Agreement for the Provision of Architectural, Quantity Surveying, Engineering, Project Management and Construction Health & Safety Professional Services for the Repairs, Renovations, Additions and New Infrastructure Projects for a period of three year-term without guarantee of quantum of work Project Cost Estimate Estimate Amount Estimate work cost of To be determined at award 3. BASIC FEE (Gazette No. 39480, Board Notice 138 of 2015) Lower range To be determined at award Basic Fee Primary Fee To be determined at award Standard service Proportion of fee Stage 1 Inception 5% Stage 2 Concept and Viability Design development, Documentation and Procurement Contract administration and inspection 15% Close out 10% Stage 3 Stage 4 Stage 5 Fee Offer 30% 40% 100% 51 Percentage To be determined at award % Discount Offer Total To be determined at award Independent Development Trust PHG BUILDING 196 NELSON MANDELA DRIVE BRANDWAG BLOEMFONTEIN, 9301 PO Box 12380, BRANDHOF, 9324 Tel: (051) 411 6240 Website: www.idt.org.za TENDER NO.: DSUFS/02/16 Project Management Professional Services C 2.3 (vii) Additional function: N/A Competitive discount basis: Partial services - Generic designs and BOQ provided Project Framework Agreement for the Provision of Architectural, Quantity Surveying, Engineering, Project Management and Construction Health & Safety Professional Services for the Repairs, Renovations, Additions and New Infrastructure Projects for a period of three year-term without guarantee of quantum of work Project Cost Estimate Estimate Amount To be determined at award Estimate cost of work 3. BASIC FEE (Gazette No. 34858, Board Notice 202 of 2011) Basic Fee Lower range To be determined at award Primary Fee To be determined at award Percentage To be determined at award Proportion of fee % Discount offer Standard service Stage 1 Inception 10% Stage 2 Concept and Viability 10% Stage 3 Design development 25% Stage 4 Documentation and procurement 10% Stage 5 Construction 35% Stage 6 Close out 10% Fee Offer 100% 52 Total To be determined at award Independent Development Trust PHG BUILDING 196 NELSON MANDELA DRIVE BRANDWAG BLOEMFONTEIN, 9301 PO Box 12380, BRANDHOF, 9324 Tel: (051) 411 6240 Website: www.idt.org.za TENDER NO.: DSUFS/02/16 Tender No: DSUFS/02/16 Part C3 Scope of work 1. Description of the Works 1.1 Employer‟s objectives and required outputs Provision of Professional; Architectural, Quantity Surveying, Engineering , Project Management and Construction Health & Safety Professional Services for the Repairs, Renovations, Additions and New Infrastructure Projects for a period of three year-term without guarantee of quantum of work. The professional services required will be in line with guideline scope of services and tariff of fees for each of the above-mentioned professions, from inception to close-out as contained in the following board notices: Engineering: Board Notice (4 December 2015) 138 of 2015 Architectural: Board Notice (12 June 2015) 122 of 2015 (As corrected in Board Notice (26 June 2015) 129 of 2015) Quantity Surveying: Board Notice (28 August 2015) 170 of 2015 Construction Project Managers: Board Notice (23 December 2011) Health & Safety: Registration Rules for Construction Health & Safety Agents (commencement date: 1 June 2013) 53 1.2 Location of services The services are confined in terms of geographic space in the Free State Province and include facilities for the Departments of Defense, Police, Justice and Correctional Services, Public Works, & Education amongst others. 2. Task Orders 2.1 The Employer intends to enter into a number of framework agreements with Consultants (framework contractors) covering the same scope of work, following a competitive selection process, for a term. 2.2 Framework agreements that are entered into do not commit the Employer to any quantum of work or bind the Employer to make use of such agreements to meet its needs. The Employer shall approach the market for works whenever it is considered that better value in terms of time, cost and quality may be obtained. 2.3 Competition between framework contractors for task orders shall take place where: a) there is no justifiable reason for issuing a package order to a particular framework contractor; b) the terms in the framework agreement are insufficiently precise or complete to cover the particular requirement e.g. delivery time scales or time estimates to complete the package order (productivity); c) a better quality of service can be obtained through a competitive process NOTE: Justifiable reasons for issuing package order to a particular framework contractor include: • the framework contractor provided the most economical transaction when the financial parameters included in the contract are applied and has the capacity to deliver; • the required works cannot technically or economically be separated from another contract package order previously performed by a specific contractor; • the works being instructed are largely identical to work previously executed by that contractor; • the value of the package order is less than the threshold for the Employer‟s quotation procedure; • the schedule for delivery necessitates that each of the framework contractors be issued with package orders on a continuous basis; and • capacity to execute package order. 3. Management 3.1 General 2. Requirements The Consultant shall in the provision of the services observe all relevant statutes, by-laws and associated regulations, standards of professional conduct and industry norms established in relevant South African national standards published in terms of the Standards Act of 2008 or standards recommended by professional associations. All infrastructure norms and standards published by national sector departments should be complied with. The Consultant shall manage all programmes and projects in a manner that: 1) 2) 3) 4) enables the Employer and other Provincial role players to achieve their objectives; all projects are developed and managed in terms of a common procedural approach aligned to the FSIDMS; the various elements of the infrastructure portfolio, programmes and projects are properly co-ordinated; the programmes and projects include all the work required, and only the work required, to complete the programmes and projects successfully; 5) the timely completion of the programmes and projects is facilitated; 6) programmes and projects are completed as far as is reasonably possible, within the budget that is agreed from time to time with the Employer; 7) the programmes and projects satisfy the needs for which it was undertaken; 8) effective use of the people involved with programmes and projects is made; 9) timely and appropriate generation, collection, dissemination and storage of programme and project information occurs; and 10) the systematic identification, analysis, and response to programme and project risk occurs. 3. Skills Development The service provider will be required to develop a skills development strategy for implementation by contractors and 54 consultants as part of the portfolio of projects. The skills development strategy should adhere to all relevant requirements and standards and be instrumental in the realisation of the secondary procurement objectives defined in the department‟s CPS. The service provider will also be required to monitor and report on the implementation of the approved skills development strategy. 4. Facilities and equipment to be provided by the Employer No facilities or equipment are provided by the Employer. 5. Facilities and equipment to be provided by the Service Provider The service provider shall provide all equipment and facilities required for his or her staff to provide the services in Bloemfontein and at the department‟s facilities in the Free State as required. The service provider shall provide suitable meeting facilities for, inter alia, programme manager meetings. 6. Communication The following minimum criteria will be applicable: The lines of communication shall be as demonstrated in Figure 1 and as per agreed formats. All communication shall be in writing or confirmed in writing. It shall be the responsibility of the service provider to keep copies of all communication generated as part of the implementation of the assignment. The service provider should ensure that all official communication between all programme role players is copied to his office (e.g. programme managers and management contractors or consultants reporting to them) 7. Tax invoices Invoices submitted shall be a Tax invoice if the service provider is registered as a VAT Vendor and comply with the following: a) Employer details: Addressed to: INDEPENDENT DEVELOPMENT TRUST (IDT) PHG BUILDING 196 NELSON MANDELA DRIVE BRANDWAG BLOEMFONTEIN, 9301 PO Box 12380, BRANDHOF, 9324 Tel: (051) 411 6240 Website: www.idt.org.za Attention: L Tau b) Service provider details: Company registration No if applicable: Service provider‟s VAT No: if applicable (not required if service provider is not a VAT vendor) Tax Invoice Number, if applicable or Invoice number, Service provider‟s banking details for payment c) Contract details: Purchase Order Number (obtained from the Project Administrator) Contract Number and name (title of services) as per Contract (if in doubt obtain from Project Administrator) The Task Order number and title of each Task Order issued in terms of the Contract d) Financial information - amounts in a tabulation form which identify for each Task Order the following: the sum of the Prices for Services Done to Date in respect of a Task Order The total of the Prices for the Task Order including VAT at the time that the task Order was issued and any increase authorised by the Employer relating thereto; the difference between the authorised total of Prices including VAT and the sum of the Prices for Services Done to Date in respect of a Task Orders e) Services rendered during the claim period with: a daily activity sheet covering the Time Charges together with a brief explanation as to what the time covered, full breakdown of expenses to which receipts relate in relation to the Task Order and, an indication as to how the amounts due have been assessed. f) Appropriate supporting information supporting the invoice as agreed with the Employer‟s Agent Note: To expedite payment invoices should be: emailed to in a single printable pdf document (including all attachments) to the: , or hand delivered to: 55 8. Vendor registration The service provider shall complete vendor registration forms before the first assessment date. Such forms shall, as relevant be accompanied by the following documents, where applicable: Company registration documents, share certificate and joint venture agreements Certified copies of the Identity Documents of directors / managing members Tax clearance certificate VAT registration certificate B-BBEE Certification and B-BBEE Rating Certificate Company letter head A cancelled cheque of stamped letter from the bank, verifying the banking details Vender registration forms may be obtained from: IDT at award of contract 56