REQUEST FOR INTEREST (SERVICES) SUPPLY CHAIN MANAGEMENT SCM - 554 Approved: Mark Giger : Branch Manager Version: 2 Page 1 of 23 QUOTATION NUMBER: R041300183 DESCRIPTION: RECOVERY AND SORTING OF RECYLING MATERIALS AT DROP-OFF FACILITIES CLOSING DATE: 28 August 2012 CLOSING TIME: 14H00 QUOTATION BOX NUMBER: 146 QUOTATION NO.: SIGNATURE OF CITY OFFICIALS AT QUOTATION OPENING 1. 2. 3. Name of Vendor: ...................................................................................................................... Amount:...............................................................................................................(Incl VAT, in figures) PREPARED FOR: PREPARED BY: THE DIRECTOR: SOLID WASTE MANAGEMENT CITY OF CAPE TOWN MUNICIPALITY Private x 8001 Cape Town 8000 XOLISA FUMBA SOLID WASTE, Collections 25 Beach Road Woodstock JULY 2012 1 IMPORTANT NOTES TO VENDORS a) A compulsory site meeting will be held prior to the closing date. Only quotations from vendors who have attended the compulsory site meeting and signed the attendance register will be accepted. Vendors arriving more than 15 minutes after the official site meeting time given below will not be permitted to sign the attendance register, in which case their quotations will be rejected as having been made non-responsive. COMPULSORY SITE MEETING b) DATE: Tuesday, 22 August 2012 TIME: 11H00 VENUE: Solid Waste depot, Beach Road, Woodstock Submissions must be properly received and deposited in the above-mentioned quotation box on or before the closing date and before the closing time at the Tender & Quotation Office, situated on the 2nd floor, Concourse Level, Civic Centre, Hertzog Boulevard, Cape Town. c) No late submission will be accepted under any circumstances. d) Submission must be submitted in a sealed envelope clearly reflecting the quotation number and description as indicated above. e) Only original submissions on this official request for interest document will be accepted. Vendors are required to complete and return all Returnable Schedules, failing which the vendor’s submission may be rejected as nonresponsive. f) For this submission to be valid the Preferencing Schedule (Returnable Schedule 2) must be fully and properly completed and signed. g) Vendors must be registered on the City of Cape Town’s Vendor Database on the closing date for this submission in order for their submissions to be responsive. h) 80 points will be allocated for functionality and 20 points for preference. i) Preference will be given to vendors who are, or who partner with, local enterprizes, co-operatives, NGOs, NPOs, Community Organisations – refer to Returnable Schedule 9 (Functionality) and attach proof and/or agreements. For the purpose of this contract, drop off sites have been divided into groups, as per price schedule on page 5 of this document. j) The City reserves the right within the framework of the City’s supply chain management policy, to award more than one group to a single service provider up to a maximum of two (2) per service provider. 2 INDEX RETURNABLE SCHEDULES (All schedules must be completed and returned by the vendor when submitting the offer.) 1 VENDOR’S INFORMATION 2 Preferencing Schedule - BBBEE 3 Declaration of Interest – State Employees 4 Conflict of Interest Declaration 5 Declaration of Vendor’s Past Supply Chain Management Practices 6 Occupational Health and Safety Agreement 7 Proof of COIDA Registration 8 Proof of Public Liability Insurance 9 Functionality IMPORTANT QUOTATION INFORMATION (These sections need not be returned by the vendor when submitting the offer.) A Specification B Request For Interest Conditions C General and Special Conditions of Contract ANNEX 1 Targeted Labour Contract Participation Expenditure Report 3 RETURNABLE SCHEDULE 1 – VENDOR’S INFORMATION VENDOR NAME of Company/ Close Corporation or Partnership or Sole Proprietor/Individual ____________________________________________(legal name) trading as________________________________________ Company/Close Corporation Registration Number City of Cape Town Vendor Registration Number Postal Address Postal Code __________ Physical Address Postal Code __________ Contact Details of the Person Representing the Vendor Name: _______________________________________________ Telephone: ( ____ ) _____________ Fax: ( ____ ) _____________ Cell phone: ___________________________________________ E-mail address: ________________________________________ Income Tax Number VAT Reference Number SIGNED at _________________(place) on the ______ day of __________________ (month), 20_____. ___________________________________ Signature ___________________________________ Date Print name: On behalf of the Vendor (duly authorised) For official use. SIGNATURE OF CITY OFFICIALS AT QUOTATION OPENING 1. 4 2. 3. RETURNABLE SCHEDULE 2 – PREFERENCING SCHEDULE 1 Definitions The following definitions shall apply to this schedule: B-BBEE: Broad-based black economic empowerment, as defined in Section 1 of the Broad-Based Black Economic Empowerment Act. B-BBEE status level of contributor: 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. Black-owned: The percentage of an exempted micro enterprise owned by black people. Black people: A generic term meaning Africans, Coloureds and Indians, as defined in section 1 of the Broad-Based Black Economic Empowerment Act. Broad-Based Black Economic Empowerment Act: The Broad-Based Black Economic Empowerment Act, Act 53 of 2003. Exempted Micro Enterprise (EME): A tenderer/supplier with annual total revenue of R5 million or less as defined 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. Non-compliant contributor: A company/firm/entity that does not meet the minimum score for a level 8 contributor, or who is not verified in terms of the Construction Sector Charter. Prime Contractor: The organisation/vendor named on the Contract Form, whose offer has been accepted by the CCT. Sub-Contract/Contractor: means the primary supplier/successful tenderers's assigning, leasing, making out work to or employing another person to support the primary supplier/successful tenderer in the execution of part of a project in terms of the contract. Value of the contract: The contract sum (accepted contract amount) less provisional sums, contingencies and VAT. 2 Conditions associated with the granting of preferences A company/firm/entity that is granted a preference undertakes to: 1) accept that the number of preference points shall be determined as at the closing date for submission of tender offers, from the B-BBEE status level certificates submitted to Supplier Management; 2) not sub-contract more than 25% of the value of the contract to sub-contractors that do not have an equal or higher B-BBEE status level than the prime supplier, unless the intended sub-contractors are exempted micro enterprises that have the capability and ability to execute the sub-contract works, or unless otherwise declared in terms of Section 5 below; 3) accept the sanctions set out in Section 3 below should condition 2 be breached, or should the B-BBEE status level of contribution be found to have been claimed or obtained on a fraudulent basis; 4) accept that, in order to qualify for preference points, it is the responsibility of the Tenderer to submit the relevant certificate(s) (either an original valid B-BBEE status level verification certificate [insert applicable charter details (where applicable) see DTI website: http://www.dti.gov.za/economic_empowerment/bee_sector_charters.jsp] or an Exempted Micro Enterprise certificate issued by a registered auditor, accounting officer (as contemplated in Section 60(4) of the Close Corporation Act, Act 69 of 1984) or an accredited verification agency, or certified copies thereof) in terms of the Preferential Procurement Regulations, 2011, to the Supplier Management Unit, 8th Floor, Civic Centre, 12 Hertzog Boulevard, Cape Town (Tel 021 400 9242/3/4/5); 5) accept that, further to Condition (4) above, Consortiums/Joint Ventures will qualify for preference points, provided that the entity submits the relevant certificate/scorecard in terms of the Preferential Procurement Regulations, 2011. Note that in the case of an unincorporated entity, a verified scorecard in the name of the Consortium/Joint Venture must be submitted with the tender (attached to this schedule). 6) accept that the B-BBEE contributor status claimed by the tenderer in Section 4 below will be verified by the CCT against that given on the CCT’s Vendor Database. If any discrepancy exists, or if Table 1: Tender Preference Claim below is not completed, the CCT shall use the status given on the CCT Vendor Database, as at the closing date for submission of quotation offers, to determine the number of preference points to be awarded to the vendor, unless otherwise declared in terms of Section 5 below; 7) accept that, notwithstanding Condition (5) above, a prime contractor will not be awarded points for B-BBEE status level if he indicates in his quotation that he intends sub-contracting more than 25% of the value of the contract to sub-contractors that do not qualify for at least the points that the prime contractor qualifies for, unless the intended sub-contractors are exempted micro enterprises that have the capability and ability to execute the sub-contract works, or unless otherwise declared in terms of Section 5 below. 3 Sanctions relating to breaches of preferencing conditions The sanctions for breaching the conditions associated with the granting of preferences are: 1) disqualify the tenderer from the tendering process; 5 2) 3) 4) 5) 6) recover all costs, losses or damages the CCT has incurred or suffered as a result of the tenderer’s or supplier’s conduct; cancel the contract and claim any damages which the CCT has suffered as a result of having to make less favourable arrangements due to such cancellation; restrict the tenderer or supplier, its shareholders and directors, or only the shareholders and directors who acted on a fraudulent basis, from obtaining business from the CCT for a period not exceeding 10 years, after the audi alteram partem (hear the other side) rule has been applied; forward the matter for criminal prosecution; and/or a financial penalty, payable to the CCT as set out below. Financial penalty for breach of Condition 2 in Section 2 above: The penalty to be applied for sub-contracting more than 25% of the value of the contract to sub-contractors that do not qualify for at least the preference points that the prime contractor qualified for (unless proven to be beyond the control of the prime contractor, or if the sub-contractors are EMEs) shall be as provided for in the following formula: Penalty = 0.5 x E(%) x P* where: E = The value of work (excluding VAT) executed by sub-contractors that do not qualify for at least the preference points that the prime contractor qualified for, expressed as a percentage of P*, less 25% P* = Value of the contract 4 Tender preference claim in respect of enterprise status or structure of the tendering entity In the interest of transparency, tenderers are required to complete Table 1: Tender Preference Claim below. Table 1: Tender Preference Claim Status (tick box(es) below as applicable) Type of B-BBEE Contributor Exempted Micro Enterprise (EME) greater than 50% black-owned Exempted Micro Enterprise (EME) less than or equal to 50% black-owned Verified B-BBEE contributor B-BBEE Status Level of Contributor1 Non-compliant contributor 1 If it is indicated that the company/firm/entity is a verified B-BBEE contributor, then the verified status level of contributor must be inserted in the box provided (insert a number from 1 to 8, as applicable). 5 Declarations 1) With reference to condition 7 in Section 2 above, the vendor declares that (tick one box as applicable): It intends sub-contracting more than 25% of the value of the contract to sub-contractors that do not qualify for at least the points that the vendor as prime supplier qualifies for It DOES NOT intend sub-contracting more than 25% of the value of the contract to sub-contractors that do not qualify for at least the points that the vendor as prime supplier qualifies for 2) The undersigned warrants that he/she is duly authorised to do so on behalf of the Vendor, confirms that he/she understands the conditions under which preferences are granted, and confirms that the vendor/supplier will satisfy conditions pertaining to the granting of tender preferences. ___________________________________ Signature ___________________________________ Date Print name: On behalf of the Vendor (duly authorised) For official use. SIGNATURE OF CITY OFFICIALS ATQUOTATION OPENING 1. 6 2. 3. SCHEDULE 3: DECLARATION OF INTEREST – STATE EMPLOYEES The following particulars must be furnished. In the case of a partnership/consortiums/joint ventures, separate enterprise questionnaires in respect of each partner must be completed and submitted. Section 1: Name of vendor: _____________________________________________________ Physical address of vendor: ____________________________________________________ (LOCAL OFFICE) _____________________________________________________ Section 2: Particulars of sole proprietors or partners in partnership/consortium/joint venture Name* Identity number* Tax reference number* VAT reference number* * Complete only if sole proprietor or partnership, and attach separate page if more than 4 partners. Section 3: Particulars of companies and close corporations Company/Close Corporation registration number _____________________________________________ Tax reference number___________________________________________________________________ VAT reference number __________________________________________________________________ Section 4: Record of service of the state Indicate by marking the relevant boxes with a cross, if any sole proprietor, partner in a partnership/consortium/joint venture or director, manager, principal shareholder or stakeholder in a company or member of a close corporation is currently in the service of any of the following, or has been within the last 12 months: a member of any municipal council a member of any provincial legislature an employee of any provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance Management Act, Act 1 of 1999 a member of the National Assembly or the National Council of Provinces a member of an accounting authority of any national or provincial public entity a member of the board of directors of any municipal entity an employee of Parliament or a provincial legislature an official of any municipality or municipal entity If any of the above boxes are marked, disclose the following: Name of sole proprietor, partner, Name of institution, public office, board or director, manager, principal organ of state, and position held shareholder or stakeholder, or member Status of service (tick appropriate column) Current Within last 12 months *insert separate page if necessary The vendor hereby certifies that the information set out in this schedule and/or attached thereto is true and correct, and acknowledges that failure to properly and truthfully complete the schedule may result in the quotation being disqualified, and/or (in the event that the vendor is successful) the cancellation of the contract. ___________________________________ Signature Print name: On behalf of the vendor (duly authorised) ___________________________________ Date 7 RETURNABLE SCHEDULE 4 – CONFLICT OF INTEREST DECLARATION 1. The vendor shall declare whether it has any conflict of interest in the transaction for which the quotation is submitted. (Mark the appropriate box with ‘X’) YES NO If yes, the vendor is required to set out the particulars in the table below: 2. The vendor shall declare whether it has (directly, or through a representative or intermediary) promised, offered or granted: any inducement or reward to the City of Cape Town for or in connection with the award of this contract; or any reward, gift, favour or hospitality to any official or any other role player involved in the implementation of the supply chain management policy. (Mark the appropriate box with ‘X’) YES NO If yes, the vendor is required to set out the particulars in the table below: Should the vendor be aware of any corrupt or fraudulent transactions relating to the procurement process of the City of Cape Town, please contact the following: Fraud.hotline@capetown.gov.za or the City’s anti-corruption hotline at 0800 32 31 30 (toll-free) The vendor hereby certifies that the information set out in this schedule and/or attached thereto is true and correct, and acknowledges that failure to properly and truthfully complete the schedule may result in the quotation being disqualified, and/or (in the event that the vendor is successful) the cancellation of the contract. ___________________________________ Signature ___________________________________ Date Print name: _________________________ On behalf of the vendor (duly authorised) 8 RETURNABLE SCHEDULE 5 – DECLARATION OF VENDOR’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES Where the entity quotationing is a consortium/joint venture, each party to the consortium/joint venture must sign a declaration in terms of the Municipal Finance Management Act, Act 56 of 2003, and attach it to this schedule. Item Question Yes No 1.1 Is the Vendor or any of its directors listed on the National Treasury’s database as a company or person prohibited from doing business with the public sector? (Companies or persons who are listed on this database were informed in writing of this restriction by the National Treasury after the audi alteram partem rule was applied). Yes No Yes No Yes No Yes No Yes No 1.1.1 If so, furnish particulars: 1.2 Is the Vendor or any of its directors listed on the Register for Quotation Defaulters in terms of section 29 of the Prevention and Combating of Corrupt Activities Act, Act 12 of 2004? (To access this Register, enter the National Treasury’s website, www.treasury.gov.za, click on the icon ‘Register for Quotation Defaulters’ or submit your written request for a hard copy of the Register to facsimile number 012 326 5445). 1.2.1 If so, furnish particulars: 1.3 Was the Vendor or any of its directors convicted by a court of law (including a court of law outside the Republic of South Africa) for fraud or corruption during the past five years? 1.3.1 If so, furnish particulars: 1.4 Does the Vendor or any of its directors owe any municipal rates and taxes or municipal charges to the municipality/municipal entity, or to any other municipality/municipal entity, that are in arrears for more than three months? 1.4.1 If so, furnish particulars: 1.5 Was any contract between the Vendor and the municipality/municipal entity or any other organ of state terminated during the past five years on account of failure to perform on or comply with the contract? 1.5.1 If so, furnish particulars: The Vendor hereby certifies that the information set out in this Schedule and/or attached thereto is true and correct, and acknowledges that failure to properly and truthfully complete the schedule may result in the quotation being disqualified, and/or (in the event that the Vendor is successful) the cancellation of the contract. ___________________________________ Signature ___________________________________ Date Print name:_________________________ On behalf of the vendor (duly authorised) 9 RETURNABLE SCHEDULE 6 – OCCUPATIONAL HEALTH AND SAFETY AGREEMENT IN TERMS OF SECTION 37(2) ENTERED INTO BETWEEN CITY OF CAPE TOWN (being the purchaser and hereinafter referred to as the ‘Employer’) and ___________________________________________________________________ (being the vendor/contractor and hereinafter referred to as the “Mandatory”) in respect of Quotation Reference Number: R041300183 Description: Recovery & Sorting of recyclable materials at Drop off facilities (hereinafter referred to as the ‘work’) WHEREAS Section 37(1) of the Occupational Health and Safety Act, Act 85 of 1993, as amended (‘the Act’) provides that an employer shall be liable to be convicted and sentenced in respect of an act or omission by its mandatary or employee; AND WHEREAS the supplier, appointed by the employer to do work (as contemplated in the Act) is also liable in terms of Section 37(3) (and in his own right as employer) to comply with the provisions of the Act applicable to his employees and mandataries; AND WHEREAS Section 37(2) of the Act limits the employer’s liability in terms of Section 37(1) if the employer and mandatary have agreed in writing to the arrangements and procedures between them to ensure compliance by the mandatary; NOW, THEREFORE, the Employer and Mandatary hereby agree as follows: 1 The Mandatary shall comply with the Act in respect of the work in terms of Section 37(2) of the Act. 2 The Mandatary hereby indemnifies the Employer against patrimonial loss/damages which the Employer may suffer as a direct result of any claims and/or steps that may be instituted against the Employer due to noncompliance by the Mandatary (or employees and mandataries of the Mandatary) with the provisions of the Act. 3 Without limitiation to the aforesaid indemnity, the Employer and Mandatary agree to the following arrangements and procedures to ensure compliance by the Mandatary with the provisions of the Act: 3.1 The Mandatary warrants that he has read and fully understands the requirements of the above Act and the applicable regulations; 3.2 The Mandatary warrants that he has provided for all costs to be incurred to ensure compliance with the Act and applicable regulations; 3.3 The Mandatary has prepared, and attached to this Agreement, a Health and Safety Plan which the parties agree is appropriate for the work and addresses all the risks identified by the Employer in the Specification. 4 The Mandatary is required to ensure that all sub-contractors and other persons engaged in the execution of the work, also comply with the above requirements. 5 The Mandatary undertakes to inform the Employer immediately should the Mandatary at any time prior to commencement of the contract and/or during the execution of the work find that: 5.1 he or she cannot comply with the provisions of the Act or the applicable regulations; and/or 5.2 he or she cannot provide the aforementioned indemnity; and/or 5.3 he or she is unable to comply with the provisions of this Agreement; and/or 5.4 his or her compliance with the Act and this agreement is detrimentally affected in any manner. 6 The Mandatary shall liaise with the Employer, who shall be entitled in its sole discretion to agree to amend this agreement and/or the indemnity granted by the Mandatary herein, subject to such conditions which the Employer may elect to impose and without any additional costs to the Employer. 7 The Mandatary hereby appoints Mr/Mrs/Ms _____________________ as its representative and the responsible person on site for the duration of the contract in terms of Section 8(2)(i) of the Occupational Health and Safety Act. THUS DONE AND SIGNED at ___________________ on this ______ day of __________ 20____. _____________________________________ For and on behalf of City of Cape Town (Duly authorised in terms of the System of Delegations) 10 _________________________________ MANDATARY (For and on behalf of the Vendor) (Duly authorised) RETURNABLE SCHEDULE 7 – PROOF OF COIDA REGISTRATION /INSURANCE Vendors must attach proof of registration/insurance in terms of the Compensation for Occupational Injuries and Diseases Act, Act 130 of 1993, to this schedule. This can either take the form of a certified copy of a valid Letter of Good Standing issued by the Compensation Commisioner, or proof of insurance with a licenced compensation insurer, from either the Vendor’s insurance broker or the insurance company itself. Failure to submit proof of COIDA registration/insurance, either with this quotation or within any further time for submission stated in a written request from the CCT, will result in the vendor’s quotation being rejected as nonresponsive. 11 RETURNABLE SCHEDULE 8 – PROOF OF PUBLIC LIABILITY INSURANCE Vendors must attach to this schedule proof of Public Liability Insurance, required in terms of Clause 11.1 of Part C: General and Special Conditions of Contract. This can take the form of either a warrant from the vendor’s insurance broker, or confirmation of insurance from the insurance company itself. Failure to submit proof of public liability insurance, either with this quotation or within any further time for submission stated in a written request from the CCT, will result in the vendor’s quotation being rejected as nonresponsive. 12 RETURNABLE SCHEDULE 9 – FUNCTIONALITY Evaluation Criteria Applicable values/points i. Contract carried out by local enterprises, co-operatives etc from communities surrounding the drop off sites (max 15km radius from any site) (20 pts) Service Providers Experience with respect to similar projects (see Annexure B) Facility Operating Plan (see Annexure C) ii. Service provider patnering with a local enterprise, co-operatives, NGO’s within a 15 km radius from the group. (formal partnership agreement per group to be attached. (10 pts) i. General qualifications: minimum grade 12 (4 pts) ii. Adequacy of experience (3 pts) iii. Knowledge of issues pertinent to the project (3 pts) i. ii. iii. iv. ≤1 years (10 points) >1 ≤ 2 years (15 points) >2 ≤ 3 years (20 points) > 3 years (25 points) i. Work Procedure (recovery and sorting process) (5 pts) ii. Organization, Maintenance of the working area and task allocation to staff (5 pts) iii. Storage and receptable facilities (5 pts) iv. Response timelines (5 pts) v. Securing the market & buyers for the recycled/reusable materials (5 pts) i. Appropriate working equipment & tools and Good houskeeping (5 pts) 10 Health and Safety (see Annexure D) ii. i. Overall Business Plan and Provision for Future Incentive Schemes (see Note 5 page 17 & Annexure E) 20 OR Involvement of local enterprizes (see note 4 on page 17) Experience of key Staff/assigned personnel in relation to the scope of work (see Annexure A) Weight ii. relevant 25 25 Plan including and Contigency plan Appropriate PPE required (5 pts) Overall business plan indicating overall capacity for drop off recycling, proper allocation of containers, staffing etc. (5 pts) 10 10 Business plan for provision of future incentive schemes to boost recyclable volumes (5 pts) Total 100 13 1. 80 points for functionality with allocated towards total adjudication point of 100 points. 2. Vendors shall ensure that the annexures referred to above have been fully and properly completed to ensure optimal scoring of functionality points. 3. The service provider shall provide Information relating to the involvement of the local enterprise, addresses, contact details and other references shall be attached on this document. See Returnable Schedule 11 – Functionality 4. Information to be included in the Overall Business Plan: i. Maximum capacity ii. Overall strategic business plan with reference to specific group (drop off sites) targeted iii. Mechanism for securing markets, potential buyers etc iv. Mechanism for procuring recyclable materials receptable/containers v. Incentive schemes vi. Number of staff to be allocated per site/group 14 RETURNABLE SCHEDULE 10 ANNEXURE ‘A’: EXPERIENCE OF KEY STAFF/ASSIGNED PERSONNEL IN RELATION TO THE SCOPE OF WORK NB: Please include the following: 1. TOTAL number of staff/personnel available for the tender, AND 2. Specify number and level of staff to be allocated PER FACILITY. ATTACH CURRICULUM VITAE OF THE KEY STAFF 15 RETURNABLE SCHEDULE 10 (Continued) ANNEXURE ‘B’: SERVICE PROVIDER’S EXPERIENCE WITH RESPECT TO SIMILAR PROJECTS BRIEF DESCRIPTION OF PROJECT Duration (Date Started and Date Completed) 16 Client Contact Details Value of Contract Name of Client Name and Telephone Number of the Responsible Official at that Client RETURNABLE SCHEDULE 10 ANNEXURE ‘C’: FACILITY OPERATING PLAN WORK PROCEDURE (RECOVERY AND SORTING PROCESS) PER GROUP 17 RETURNABLE SCHEDULE 10 (Continued) ANNEXURE ‘C’: FACILITY OPERATING PLAN ORGANIZATION, MAINTENANCE OF THE WORKING AREA AND TASK ALLOCATION TO STAFF PER GROUP 18 RETURNABLE SCHEDULE 10 (Continued) ANNEXURE ‘C’: FACILITY OPERATING PLAN STORAGE AND RECEPTABLE FACILITIES PER GROUP 19 RETURNABLE SCHEDULE 10 (Continued) ANNEXURE ‘C’: FACILITY OPERATING PLAN RESPONSE PLAN INCLUDING TIMELINES AND CONTIGENCY PLAN PER GROUP 20 RETURNABLE SCHEDULE 10 (Continued) ANNEXURE ‘C’: FACILITY OPERATING PLAN SECURING THE MARKET AND BUYERS FOR THE RECYCLED/REUSABLE MATERIALS 21 RETURNABLE SCHEDULE 10 (Continued) ANNEXURE ‘D’: HEALTH AND SAFETY APPROPRIATING WORKING EQUIPMENT AND GOOD HOUSEKEEPING PER GROUP 22 RETURNABLE SCHEDULE 10 (Continued) ANNEXURE ‘D’: HEALTH AND SAFETY APPROPRIATE PPE PER GROUP 23 RETURNABLE SCHEDULE 10 (Continued) ANNEXURE ‘E’: OVERALL BUSINESS PLAN OVERALL BUSINESS PLAN AND PROVISION FOR FUTURE INCENTIVE SCHEME 24 PART A – SPECIFICATIONS FOR RECOVERY AND SORTING OF RECYCLABLE MATERIALS AT DROP OFF FACILITIES A1 OVERVIEW The City of Cape Town, Solid Waste Collections branch operates 20 public waste drop off facilities throughout the City, with the primary aim of ensuring that the public have convenient access to facilities where they can drop off their bulky garage waste, garden waste, builders rubble and recyclable materials. The aim of this contract is to appoint a service provider at each drop off facility to recover recyclable materials from the various waste streams dropped off at the facility (with the exception of the garden waste) and sorting of this material into different types of recoverable and recyclable materials for sale or donation. This activity contributes to realising the City’s objective of achieving waste minimisation, through maximum diversion of waste from landfills. The service provider appointed at each drop off site is thus required to maximise the recovery of all recyclable materials at that drop off site (with the exception of garden) in terms of this contract. A2 DESCRIPTION OF THE SERVICES REQUIRED A2.1 Extent of services The appointed service provider at each drop off facility will be required to carry out the following activities for that specific drop off facility: A2.1.1 Receipt of recyclable materials at the designated sorting area at the drop off facility, by means of: i. Sorted or unsorted recyclables dropped off directly by the public ii. Clean recyclable materials collected by service provider from surrounding areas, by OWN PRIVATE ARRANGEMENT iii. The ongoing recovery of all recyclable materials from the general waste stream dropped off at the drop off facility during operational hours. A2.1.2 Recyclable materials include, but are not limited to the following: i. bricks etc from the general waste and builder’s rubble stream, ii. paper, cardboard, plastics, scrap metal and cans, glass, milk and juice cartons iii. small quantities of electronic waste at certain drop off sites A2.1.3 Stockpiling of these recyclable materials in the designated sorting area for the recycling activity at that drop off facility. A2.1.4 Sorting of this stockpiled material into different types of recyclable materials. A2.1.5 Provision of recycling receptacles/banks/containers/skips at that drop off facility for the storage of the recyclable material (dropped off in a separated or mixed format by the public). A2.1.6 Beneficiation of the recyclable materials by means of one or more of the following: i. Sale to the recycling industry (offsite) ii. Donation to the community iii. Sale to the community (onsite). A2.1.7 Maintaining the housekeeping, safety and cleanliness of the designated sorting area and ensuring swift turnaround time to remove stockpiled recyclable materials. A2.1.8 Transportation of the material offsite to be sold to the recycling industry (either own transport or by arrangement with buyers of recyclable materials). 25 A2.1.9 Submission of monthly statistics to the City’s project manager, of tonnages of recyclable material sold and donated, including documentary evidence. The service provider must provide and/or procure all resources necessary for the rendering of the services described above in accordance with the terms of the contract, in a workman-like and expeditious manner. The City’s Project Manager shall have the right to verify that the service is carried out in accordance with this Contract and to approve or reject the quality of service rendered by the contractor or approved subcontractors. A2.2 Location of the Citys Drop Off Facilities The abovementioned services are required at the various Solid Waste drop off facilities within the City of Cape Town as indicated in the table below. AREA SUPERVISOR Trevor Grovers Siraj Mohammed Trevor Grovers Siraj Mohammed Trevor Grovers DROP OFF FACILITY Hout Bay Ladies Mile (Facility will be closed during the contract period) Kommetjie Gordons Bay Killarney Woodstock Wynberg Retreat Mitchells Plain, Spine Rd (New facility) Tygerdal Macassar Delft Parow, De Grendel, 5th Avenue Ravensmead Welgelegen Belhar Atlantis Simonstown LOCATION Hout Bay Main Road Schaapkraal Schaapkraal Road, Sea Point Tramway road Ladies Mile Road, Constantia Kommetjie Road Sir Lowry’s Pass Road Potsdam Road Beach Road Rosemead Avenue 10th Avenue Spine Road, Mitchells Plain Orange Street Kramat Road Fabriek Street Bertie Genade Industrial Ring Road Malmesbury Road Adam Tas Road Dassenberg Road Main Road A3. ADDITIONAL REQUIREMENTS A3.1 Inspections of premises/facilities The extent of the services required must be determined prior to commencing of work by inspecting all premises with the City’s Project Manager and Drop Off Facility Foreman for each drop off facility awarded to the service provider in terms of this contract and an agreed work schedule with addresses must be drawn up. A3.2 Provision of site superintendent /foreman /teamleader The service provider shall provide a full-time Site Foreman or Teamleader to manage the designated sorting area at each drop off facility awarded to them in terms of this contract. Details of the available Site Foremen to be included in Annexure A. Each Site Foreman must be contactable 24 hours per day in the event of emergencies. 26 A3.3 Management meetings Contract and/or site management meetings shall be held monthly per facility, and the service provider is required to avail themselves to attend these meetings. A3.4 Provision of resources and equipment, and resource registers The service provider is required to provide all staff, tools, equipment and any other resources necessary for rendering the recovery and sorting service at each drop off facility awarded to them in terms of this contract. The service provider shall ensure that the City’s Drop Off Facility Foreman for each is, at all times, in possession of a specific, up-to-date register of all service provider’s resources present at that facility. A3.5 Types of waste to be recycled Only certain fractions of Municipal Solid Waste will be sorted at the 20 drop off facilities in this contract and preferably only source separated recyclable materials. The service provider must familiarize him/herself with the site operational rules below in terms of which types of Municipal Solid Waste are permissible at the City’s drop off facilities. NB: NO household organic waste, kitchen waste, or hazardous waste types are permitted at the Drop Off Facilities covered by this contract, with the exception of small amounts of electronic waste and used oil, in accordance with the waste license requirements of the specific facility. The drop off facilities receive only bulky garage waste (general, not hazardous), garden waste, builders rubble or construction waste and recyclable materials. The service provider will recover and sort all recyclable materials including but not limited to, bricks etc from the general waste and builder’s rubble stream, paper, cardboard, plastics, scrap metal and cans, glass, milk and juice cartons and electronic waste. The service provider shall ensure that non-permitted wastes are not dropped off at the designated sorting area of any facility awarded to them in terms of this contract and he/she must notify the City’s Drop Off Facility Foreman or Teamleader immediately should this occur. A3.6 Involvement of local enterprises, co-operatives, NGO’s, NPO’s and community organisations Service providers who are, or who make provision to formally partner with local enterprizes, cooperatives, NGOs, NPOs or community organisations from the communities surrounding each Drop Off Facility will receive preference in terms of points in the functionality scoring for this contract. (Please refer to Returnable Schedule 11 - Functionality). It is important that service providers specify WHICH local enterprise, co-operative, NGO, NPO or community group is to be engaged for which drop off facility. The bid should include the following information related to the groups above, related to SPECIFIC drop off facilities: i. Name of group ii. NGO / NPO number if relevant iii. Contact person with valid contact details iv. Address v. Short description of their vision or mission. Should a partnership with one of the groups above be considered, a letter between the group and the service provider should be provided. 27 A3.7 Provision for Inventive Schemes Service providers who make provision for future incentive schemes (such as swop shops or rewards programmes), especially focussing on the residents in lower to medium income areas surrounding specific drop off sites, in their Overall Business Plans will be awarded preference points (Please refer to Returnable Schedule 11 – Functionality). A4 DESCRIPTION OF DROP OFF FACILITIES AVAILABLE A4.1 Site facilities and amenities available for use At each drop off facility awarded to a service provider in terms of this contract, the following will be made available by the City of Cape Town to service provider at no cost: i. Exclusive salvaging rights for all recyclable materials (with the exception of garden waste and wood waste) dropped off at the solid waste drop off facility in question. ii. Exclusive rights to manage and control the designated sorting area at that drop off facility. iii. Space at the general waste offloading area (or apron) of that drop off facility for temporary stockpiling of recovered material and pre-sorting thereof. iv. 24 hour security personnel on duty at that drop off facility, rendering it a secured facility v. Access to potable water supply vi. Access to electricity supply vii. Access to ablutions viii. Some facilities have office space for utilization by the service provider. Note 1: Due to the drop off sites being public facilities, the service provider is required to make arrangements for usage of the abovementioned amenities directly with the City’s Drop Off Facility Foreman, indicating specific service provider staff requiring access to facilities. Note 2: NONE of the City’s Drop Off Facilities have ameneties available for the housing of employees onsite. The service provider is strictly not allowed to house any of their employees onsite at any of the drop off facilities. A4.2 Salvaging rights The Service Provider shall salvage any recyclable and re-usable material at the facility / facilities awarded to them in terms of this contract and he/she is the only person that has a right to all the material received at these drop off facilities (with the exception of garden waste and wood waste). No City of Cape Town Official/Employee shall lay claim on any valuable item being received at these facilities and all recyclable materials and items received belong to the Service Provider. NB: The sale of the recovered materials is for the service provider’s account and in turn the/she must provide monthly statistics of recyclable material sold per facility awarded to them. The statistics must be submitted on the 1 st of every month during the contract period. A4.3 Operating hours The service provider shall operate at the each drop off facility awarded to them seven (7) days a week, including public holidays. However the City of Cape Town reserves the right to call for the facility to be closed in case of emergencies. Unless otherwise negotiated, normal operating hours shall be as follows: i. Summer Operational Hours: Mondays to Saturday 08h00 and 18h30 ii. Winter Operational Hours: Mondays to Saturday 08h30 and 17h00 iii. Sundays Operational Hours: 09H00 – 14H00 all year round 28 The facilities shall be open on all public holidays except the following public holidays: i. Good Friday ii. Christmas day iii. New Year day The City of Cape Town retains the right to amend the hours and days of operation if required. The service provider shall ensure that each drop off facility awarded to them facility is fully staffed and operational prior to opening times and until closing time. A4.4 Historical quantities of recyclable material processed at the City’s Drop Off Facilities per month Approximately 12 285 cubic meters of general waste is received and/or dropped off at the drop off facilities per month. Residents within seven (7) kilometre radius of each facility are utilizing these facilities to drop off their bulky general/garage waste, which in many cases includes recyclable items. Small volumes of source separated recyclable materials are currently being off-loaded at the designated sorting areas at each facility and the City of Cape Town is promoting source separation amongst the residents. The recyclable material tonnages recovered at various drop off facilities for a period of 12 months are shown in the table below. The City of Cape Town accepts no responsibility for any changes to the recyclable quanties that may occur in the future. Any changes that may occur in the future shall not be grounds for the service provider to seek any amendment to the terms of any contract agreement that is entered into at any of the 20 drop off facilities covered in this contract. The City of Cape Town makes no representation with respect to and does not warrant the amount or type of recyclable material to be recovered either daily or during the contract period. 29 Table 1: Historical data (kg recyclables per group per month) Kg recyclables per month Drop off Sep Oct Mar April May Jun Jul 2010 2010 2011 2011 2011 2011 2011 Hout Bay 24733 30102 27253 25902 20557 22124 19465 26265 18694 26356 Ladies Mile 79342 92079 89644 100068 91915 89979 93816 84684 81609 96544 Kommetjie 24919 28094 36645.00 28996 31779 23498 21030 27307 24641 23086 SimonsTown 21306 19035 10599 12686 27672 6843 6036 11587 14363 5657 0 0 0 0 0 0 0 0 10009 13648 18476 2150 3420 1494 3500 1935 5990 1600 4820 3200 2343.5 1749.7 2041.5 Wynberg 53474 58204 66203 76106 69341.00 65132 63024 59118 187673 59892 75886 76967.5 Woodstock 10817 16039 24178 21931 28465 16130 15776 14962 18348 15019 25925 11435 Sea Point 0 0 0 0 7256.00 6868 8230 5430 6110 4652 11840 7370 Killarney 16117 27122 46067 45585 51312 35398 36313 19730 34931 24320 41406 31199 Tygerdal 18819 17250 23531.24 34499 34782 17679 28513 34505 27049 27680 19809 23452.1 Welgelegen 17421 18424 28774 31247 30614 28345 25836 31243 26319 25705 31409 28222 16090 13001.4 18077 16069 16210.00 21941 22089 7694 8507 14712 14334 12329 Ravensmead 0 0 2042 3010 6827.50 5756.5 3136.3 6508.8 6187 4886 10657 5652 Belhar 0 0 2488 3565.5 7891.40 5282 6219.5 2660 3205.6 2720 12855 5594.8 Delft 0 0 0 0 0.00 0 0 0 0 0 0 0 Macassar 6793 7518 7773 4462 6035 11867 5638 6768 10992 6631 0 0 Gordon's Bay 37691 25027 41345.5 35842.5 33187.5 30822 29277 17640 41175 24400 19112 32085 4423.38 10811 9857.59 31286 13545 10258 6736 6649.5 4952.9 6686.5 7804 7964 Facility Dec Jan 2011 Feb 2011 35260 30281 93885 89808 13616 24782 9515 36292 0 Schaapkraal Retreat Parow, 5th Nov 2010 2010 Aug 2011 Avenue Atlantis 30 A5 PROCEDURES AND STANDARDS FOR OPERATING THE DROP OFF FACILITIES At each drop off facility awarded to a service provider in terms of this contact, that service provider is required to interact with and adhere to the operational standards and procedures of the City’s drop off facilities as follows: A5.1 Access control For the full duration of the contract, the City of Cape Town will provider competent and reliable persons(s) to manage access to each drop off facility on a full-time basis, during normal working hours. This will including courteous interaction with the public, and the acceptance of permissible waste types only. The service provider shall be responsible for keeping the designated sorting area at each drop off facility in a clean and neat state. This includes the removal of all mud and refuse deposited on the road in the vicinity of the designated sorting area (particularly during wet weather) and the collecting of all windblown or scattered refuse and litter emanating from this area and from the collection of recovered materials. This activity must be performed daily. A5.2 Control of nuisance The service provider shall take all reasonable measures to operate each drop off facility in a manner which reduces and, where possible, prevents nuisances, such as: i. Odour ii. Dust iii. Windblown litter, A5.3 Operation of each drop off facility The service provider shall be responsible for the optimal recovery of the material from the general waste stream at each drop off facility in order to minimize the volume of waste to be disposed at the landfill. Mixed waste loads are to be discharged on the general waste offloading area (apron) at each drop off facility, where initial screening and recovery of all items takes place. Waste material with no value and/or not recyclable is then manually placed in the waste containers and items of value are temporarily stored in the allocated space. When sufficient material of a specific type has been recovered to be transported off site. All material recovered shall be weighed either at each drop off facility or offsite and accurate records shall be kept for statistical reporting purposes in the material categories such as paper, plastic, cardboard, metal, glass bottles, milk and juice cartons, polystyrene, electronic waste, white goods, bricks etc. Proof of sales shall also be attached as evidence thereto. A5.4 Site drainage system The service provider shall prevent undue contact between recyclable materials / waste and stormwater, so as to minimize the volume of contaminated run-off at each drop off facility. A5.5 Record keeping The service provider shall maintain detailed daily records of the following at each drop of facility: i. ii. iii. Complaints lodged against the service provider’s operation / activities. Incidents & accidents Site protocol violations 31 iv. Site diary to record unusual incidents v. Quantities (mass and type) of recovered material leaving the site (per load and per day) vi. Issuing of personal protective equipment to the service provider’s staff These records shall be available for inspection by the City’s Project Manager or External Auditor at all times. The supply of consumables for record keeping is the responsibility of the service provider. A5.6 Waste license, legal standards and requirements. The service provider shall operate all activities onsite according to the relevant waste management license, as well as operational environmental management plan for each drop off facility (whether draft or final). Waste licence documents and operational environmental management plans for the City’s drop off sites are available from the City’s Project Manager. The service provider shall be responsible for complying with the Occupational Health and Safety Act, Act 85 of 1993. The service provider shall be responsible for complying with RELEVANT LABOUR LAWS in terms of minimum wages for labourers. Periodic site inspection or audits, in accordance with the waste management license per facility will be undertaken by the City of Cape Town, other regulatory authorities or external auditors appointed by the City or otherwise. Any member of these audit teams shall be granted reasonable access to the designated sorting area at each Drop Off facility, provided that they adhere to the safety and security rules of the facility. A6 MAINTENANCE OF THE DROP OFF FACILITIES At each drop off facility awarded to a specific service provider in terms of this contact, that service provider is required to maintain aspect of the facility as a result of his operations, inclusive of all infrastructure, in order to ensure its smooth and efficient operation and prevent undue hindrance of his service. In maintaining the area of operation the Service Provider will be expected to perform maintenance work on his/her own initiative and without first being instructed to do so by the Foreman or Project Manager. Should the Service Provider be unsure of the course of action to be taken, the Project Manager shall be notified timeously. Included in the Maintenance of the Site are: i. Buildings or Structure where sorting takes place The Service Provider shall be responsible for the buildings and structures used by him. This will include, but not be limited to the following: i. Repair of any damage of deterioration to any of the buildings, other than normal wear and tear maintenance; ii. General housekeeping to ensure that the buildings inside and outside as well as the areas surrounding them are kept clean and neat; iii. Ensuring clean and hygienic conditions in all toilets, showers, washbasins and kitchen areas being used; iv. Maintenance of all doors and windows 32 On termination of the Contract, all buildings/structures shall be left in thoroughly clean and sound condition, to the satisfaction of the Project Manager A7 VIOLATION OF SITE PROTOCOL The Service Provider shall maintain a record and the details of the occurrence of all vehicles that violates site protocol. A report of the violation is to be given to the site foreman and distributed to the Project Manager. Types of incidences considered to be a violation, are in accordance with the site operational rules as displayed at the facility. A8 CONTRACT DURATION The duration of this contract extends from the commencement date to 30 June 2015 with option to extend to 30 June 2017 subject to performance. The commencement date shall be from the date of receipt of the order, inclusive of any time required to provide proof of the required insurance cover. A9 NON COMPLIANCE AND PENALTIES The service providers attention is drawn to clause 22 and 23 of the General Conditions of Contract in the event of malperformance of this RFI requirement. It is the responsibility of the service provider to ensure that the services rendered comply with the specifications at all times. The Project Manager or his site representative will monitor site oprations on a regular basis. Written notification of noncompliance will be given to the service provider, who will be given a reasonable period (a minimum of 2 week) to rectify his operations. Should this not take place, the City of Cape Town reserves the right to take steps to terminate the contract with the servide provider with respect to the specific group where the non-compliance took place. A10 PRICING This is a fixed price tender. A fixed Monthly Rate and Price is Payable to the City of Cape Town by the service provider for provision of optimised recycling services per group. Provision of recycling services is further enabled by means of the City of Cape Town affording service providers the following: i. Exclusive salvaging rights for all recyclable materials (exception garden waste and wood waste) per drop off facility. ii. Exclusive rights to manage and control the designated sorting area per group. iii. Space at the general waste offloading area (or apron) per group for temporary stockpiling of recovered material and pre-sorting thereof. iv. 24 hour security personnel on duty per group, rendering it a secured facility v. Access to potable water supply, electricity supply and ablutions per facility vi. Proceeds of sale of recyclables per group, in exchange for detailed statistics of recyclables sold and donated A11 CONTRACT COMPLETION AND HANDOVER At the completion of the contract, it is the responsibility of the service provider at each Drop Off Facility to return the designated sorting area at to the City in a similar condition to which it was handed to the service provider. 33 PART B: REQUEST FOR INTEREST CONDITIONS ALL RFI CONDITIONS MUST BE STRICTLY ADHERED TO, FAILING WHICH THE QUOTATION MAY BE REJECTED OR DECLARED NON-RESPONSIVE. 1. No submission will be considered unless submitted on the official Contract Form together with all Returnable Schedules duly completed and signed. 2. Submissions must be properly received and deposited in the correct quotation box on or before the closing date and before the closing time at the Tender and Quotation Office situated on the 2nd floor, Concourse Level, Civic Centre, Hertzog Boulevard, Cape Town. 3. The City reserves the right within the framework of the City’s supply chain management policy, to award more than one group to a single service provider up to a maximum of two (2) per service provider. 4. The CCT reserves the right to accept a submission which is not substantially or materially different from the Specification. 5. The CCT shall not consider submissions which are received after the closing date and time for such quotations. 6. The CCT will not be held responsible for any expenses incurred by vendors in preparing and submitting RFIs. 7. The CCT may, after the closing date, request additional information or clarification from vendors, in writing. 8. The CCT’s representative for the purpose of this quotation is: Xolisa Fumba Tel No.: 021 442 8136 or 078 672 0901 9. Any RFI submitted shall remain valid, irrevocable and open for acceptance by the CCT for a period of sixty (60) days from the closing date. 10. A vendor may request in writing, and after the closing date, that his or her submission be withdrawn, which withdrawal will be permitted or refused at the sole discretion of the CCT after consideration of the reasons for the withdrawal, which shall be set out by the vendor in such a written request for withdrawal. 13. All vendors submitting RFIs must be registered on the CCT’s Vendor Database on the closing date for quotations. 14. Registration forms may be collected from the 8th Floor, Supplier Management Office, Civic Centre, 12 Hertzog Boulevard, Cape Town; or requested by fax from 086 5461881; or can be downloaded from www.capetown.gov.za (follow the links: ‘Supply Chain Mngt’ – ‘Supplier Registration’ – ‘application form’). 15. It is each vendor’s responsibility to keep all of his or her information updated on the CCT Vendor Database. At the sole discretion of the CCT, if any information required (e.g. tax clearance certificate, proof of CIDB registration, etc.) is not valid or has expired, all transactions with the vendor may be suspended until such time as the correct, verified information is received. 16. If the vendor is an employer as defined in the Compensation for Occupational Injuries and Diseases Act, Act 130 of 1993 (COIDA), the vendor shall submit either a Letter of Good Standing issued by the Compensation Commissioner in terms of the COIDA, confirming that the vendor is registered as an employer in terms of the COIDA; or confirmation of cover with a licenced compensation insurer for the full extent of the vendor’s potential liability as contemplated in terms of Section 84 of the COIDA. 17. No person who is a provider or prospective provider of goods or services, or a recipient or prospective recipient of goods disposed of or to be disposed of may directly or indirectly influence or interfere with the work of any CCT officials involved in the procurement process in order, inter alia, to: a) b) c) d) e) 18. influence the process and/or outcome of a bid; incite breach of confidentiality and/or the offering of bribes; cause over- or under-invoicing; influence the choice of procurement method or technical standards; influence any City Official in any way which may secure an unfair advantage during or at any stage of the procurement process. Abuse of the supply chain management system is not permitted and may result in the submission being rejected, cancellation of the contract, ‘blacklisting’, and/or any such remedies as set out in the CCT’s SCM Policy and the CCT’s Abuse Policy. 34 19. Vendors are required to complete all declarations in the Returnable Schedules attached hereto, failing which the submission may be declared non-responsive. 20. An 80/20 functionality/preference points system will be applied to the evaluation of responsive submissions, whereby the order(s) will be placed with the vendor(s) scoring the highest total number of adjudication points. 20.1 Points will be scored as per schedule 9 on page 13. 20.2 Preference points shall be scored as follows: Points will be awarded to tenderers who are eligible for preferences in respect of B-BBEE contribution in terms of Returnable Schedule 3: Preferencing Schedule. The terms and conditions of Schedule 3 shall apply in all respects to the quotation evaluation process and to any subsequent contract. A maximum of 20 quotation evaluation points will be awarded for preference to vendors with responsive quotations who are eligible for such preference, in accordance with the criteria listed below. Exempted Micro Enterprise or B-BBEE Status Level of Contributor The Tenderer shall indicate on Schedule 3 his or her company/firm/entity’s B-BBEE status level of contributor, in accordance with one of the following: Exempted Micro Enterprise (>50% black-owned) Exempted Micro Enterprise (≤50% black-owned) Verified B-BBEE status level of contributor in terms of the Construction Sector Charter on Black Economic Empowerment (Board Notice 111 of 2007 published in Government Gazette No. 29616 of 9 February 2007) Non-compliant contributor1 Up to 20 tender evaluation points (NP) will be awarded for the level of B-BBEE contribution, in accordance with the tables below: B-BBEE Status Level of Contributor 1 2 3 4 5 6 7 8 Non-compliant contributor Number of Points for Preference 20 18 16 12 8 6 4 2 0 1 A non-compliant contributor is one who does not meet the minimum score for a level 8 contributor, or who is not verified in terms of the Construction Sector Charter. or, in respect of Exempted Micro Enterprises (EMEs) Black Ownership of EME > 50% ≤ 50% 20.3 Deemed B-BBEE Status Level of Contributor 3 4 Number of Points for Preference 16 12 The total number of adjudication points (N T) shall be calculated as follows: NT = Ps + NP ---------------------------o0o---------------------------- 35 PART C: GENERAL & SPECIAL CONDITIONS OF CONTRACT THESE SPECIAL CONDITIONS OF CONTRACT (SCC) SUPPLEMENT AND MUST BE READ WITH THE CORRESPONDING PROVISIONS OF THE GENERAL CONDITIONS OF CONTRACT (GCC) (download at http://www.treasury.gov.za/divisions/sf/sc/GeneralConditions) WHICH SHALL CONSTITUTE THE AGREEMENT BETWEEN THE CCT AND THE VENDOR. IF THERE IS A CONFLICT BETWEEN THE SCC AND THE GCC, THE PROVISIONS OF THE SCC SHALL PREVAIL. 1. Acceptance/Contract Commencement and purchase orders The vendor’s offer will be accepted by the CCT when a purchase order is issued to the vendor. The date of issue of the purchase order shall be the commencement date of the contract. The vendor undertakes work and incurs expenses prior to the issuing of a purchase order entirely at its own risk. The CCT shall only incur liability for payment in terms of this contract if a valid purchase order has been issued to the vendor. 2. Standards Failure to comply with the Specification and standards as set out in the RFI quotation document shall constitute a material breach, and the CCT reserves the right to cancel the contract in terms of Clause 23 of the GCC. 3. Payment – Clause 16 of the GCC 3.1 A monthly payment cycle will be the norm. All invoices received for goods and services dated on or before the 20th of a particular month will typically be paid between the 23rd and the 26th of the ensuing month. 3.2 In order to qualify for payments on a 14-day cycle, a supplier must submit a fully motivated application to the Director: Supply Chain Management for consideration. 3.3 More frequent payment to suppliers is not a right. Requests for such payments will be considered at the sole discretion of the Director: Supply Chain Management. 3.4 In order to give effect to a more frequent payment cycle (if approved), an additional mid-month payment run will be effected as necessary. The additional payment run dates will be between the 10th and the 13th of the month. 3.5 The actual payment run dates will be dependent on the number of days of the month and the influence of public holidays. Suppliers on a 14-day cycle who submit invoices by the 25th of a particular month will be paid between the 10th and the 13th of the next month. 3.6 The supplier shall prepare, and submit with each statement for payment, or at least monthly, an updated Project Labour Report. A template is provided as Annex 1 attached. The Project Labour Report must include details of all labour (including that of sub-contractors) earning less than R200 per day (excluding any benefits) employed on this contract in the month in question. Failure to submit such reports may result in payment to the supplier being withheld until this condition is complied with. 4. Applicable Law – Clause 30 of GCC 4.1 The vendor hereby indemnifies the CCT in respect of the provisions of the Occupational Health and Safety Act, Act 85 of 1993 (OHAS), in accordance with the Occupational Health and Safety Act. 4.2 The vendor is to ensure compliance with the provisions of the OHAS Act & all relevant regulations, by all employees of the vendor, for the duration of the contract. The vendor shall provide a suitable health and safety plan appropriate for the contract. 4.3 The vendor must comply with the Basic Conditions of Employment Act, Act 75 of 1997 and Amendments including all laws relating to wages and conditions governing the employment of labour and Bargaining Council agreements. 4.4 The vendor shall be in possession of a Letter of Good Standing issued by the Compensation Commisioner in terms of the COIDA, confirming that the vendor is registered as an employer in terms of the COIDA; or confirmation of cover with a licenced compenstation insurer for the full extent of the vendor’s potential liability as contemplated in terms of Section 84 of the COIDA, for the duration of the contract. 5. Insurance – Clause 11 of GCC 5.1 Without limiting the obligations of the vendor in terms of this contract, the vendor shall effect and maintain the following insurances: a) Public liability insurances, in the name of the vendor, covering the vendor and the CCT against liability for the death of or injury to any person, or loss of or damage to any property, arising out of or in the course of this contract, to the value of R20 million . 36 6. b) Any goods supplied to the CCT by the vendor in terms of this Agreement shall be fully and adequately insured by the vendor against any loss or damage incidental to manufacture or acquisition, transportation, storage and delivery. 5.2 The vendor shall be obliged to furnish the CCT with proof of such insurance from time to time, for the duration of this contract. Settlement of Disputes – Clause 27 of the GCC 6.1 Should the parties fail to resolve any dispute by way of mutual consultation as contemplated in clause 27.1 of the GCC, either party shall be entitled to refer the matter for mediation before an independent and impartial person appointed by the City Manager in accordance with regulation 50(1) of the Local Government: Municipal Finance Management Act, 2003 – Municipal Supply Chain Management Regulations (Notice 868 of 2005). 6.2 Such referral shall be done by way of notice to the other party in accordance with clause 27.2 of the GCC. 6.3 The mediator’s ruling shall become final and binding on the parties only to the extent that it is correctly recorded as being agreed by the parties in writing. 6.4 Save for reference to any portion of any settlement or decision which has been agreed to be final and binding on the parties, no reference shall be made by or on behalf of either party, in any subsequent court proceedings, to any outcome of an amicable settlement by mutual consultation, or the fact that any particular evidence was given, or to any submission, statement or admission made in the course of amicable settlement by mutual consultation or mediation. 6.5 Should it not be possible to settle a dispute by means of mediation, it shall be settled in a South African court of law as contemplated in clause 27.3 of the GCC ----------------------***------------------- 37 ANNEX 1 CITY OF CAPE TOWN Project Labour Report Quotation/Contract: Recovery & sorting of recyclable material at drop off facilities (Description) Budget: (tick one) Quotation Reference/Contract Number: R041300183 WBS No./Cost Centre No.: ________ Vendor: Contract Start Date: Consultant: N/A Contract End Date: Community Name: N/A Liasion Officer (CLO) CLO ID Number: N/A Month: Capital Operating Contract Value (incl. allowance for escalation/excl. VAT): Project Labour Intensity Target/ Specified Minimum Targeted Labour Contract Participation Goal: N/A Total value of work done to date (incl. escalation/excl. VAT): No. of workers Name Surname ID Number/ DOB Targeted Labour (Y/N) Daily Rate Number of days worked this month (incl. training) Disabled (Y/N) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Totals for sheet Sheet _____ of _____ Signatures Vendor: Date Consultant/Project Manager: Date 38 No. of training days this month Course Name Training Service Provider