ETHEKWINI MUNICIPALITY
DURBAN CENTRAL BEACHFRONT
RETURNABLE DOCUMENTS
NEW BEACH RESTAURANT
CONTRACT No : SPU2010/B03RevA
Issued by :
STRATEGIC PROJECTS UNIT
LORAM HOUSE
70 MASABALALA YENGWA AVENUE
DURBAN
4001
Date of Issue : 22 November 2010
NAME OF TENDERER :...................................................................................................................................
PART T2 : RETURNABLE DOCUMENTS
T2.1
RETURNABLE SCHEDULES, FORMS AND CERTIFICATES
T2.1.1
General
T2.1.2
Basic Information for Acceptance of Tender
T2.1.2.1
Form of Offer
T2.1.2.2
Rental Structure
T2.1.2.3
Certificate of Authority
T2.1.2.4
Record of Addenda
T2.1.2.5
Amendments, Qualifications and Alternatives
T2.1.2.6
Declaration of Interest
T2.1.2.7
Compulsory Enterprise Questionnaire
T2.1.2.8
Tax Clearance Certificate
T2.1.2.9
Joint Venture Agreements
T2.1.2.10 Proof of Registration
T2.1.2.11 Financial
T2.1.2.12 Declaration of Municipal Fees
T2.1.2.13 Declaration in terms of clause 44 of the Supply Chain
Management Regulations
T2.1.2.14 Declaration of close family members of persons in the
Service of the state
T2.1.3
Quality Evaluation Schedules and Certificates
T2.1.3.1
Tenderer’s Experience
T2.1.3.2
Proposal
T2.1.4
Preferencing Schedules
T2.1 : RETURNABLE SCHEDULES, FORMS, AND CERTIFICATES
T2.1.1
GENERAL
The Tender Document must be submitted as a whole. All forms must be properly completed
as required, and the document shall not be taken apart or altered in any way whatsoever.
The Tenderer is required to complete each and every Schedule and Form to the best of his
ability as the evaluation of tenders and the eventual contract will be based on the information
provided by the Tenderer. Failure of a Tenderer to complete the Schedules and Forms to
the satisfaction of the Employer will inevitably prejudice the tender and may lead to rejection
on the grounds that the tender is not responsive.
T2.1.2
BASIC INFORMATION FOR ACCEPTANCE OF TENDER
T2.1.2.1 : FORM OF OFFER
The Employer, The eThekwini Municipality, has solicited offers to enter into a contract in respect of the
following :
Contract No: SPU2010/B03RevA
for the Lease Contract of New Beach Restauarant, Durban Central Beachfront
The Tenderer, …………………………………………………………………………………………………,
has examined the documents listed in the Tender Data and addenda thereto as listed in the Tender
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 Form of Offer, the
Tenderer offers to perform all of the obligations and liabilities of the Services Provider under the
Contract including compliance with all its terms and conditions according to their true intent and
meaning for an amount to be determined in accordance with the Conditions of Contract identified in
the Contract Data.
The Rental offer inclusive of Value Added Tax is:
1) Total Monthly Rental Amount
R..................................................................
(In words……….............................................................................................................................
..........................................................................................................................................................)
2) Forecasted Gross Monthly Turnover R…………………x …………….% = R……………………..
(In words……………..........................................................................................................................
……...................................................................................................................................................)
Signature: (of person authorized to sign the tender)
:………………………………………………….
Name: (of signatory in capitals)
:………………………………………………….
Capacity: (of Signatory)
:………………………………………………….
Name of Tenderer: (organisation)
:………………………………………………….
Address
:………………………………………………………………………………………..
…………………………………………………………………………………………
Telephone number
:
........................................... Fax number : ...............................................
Witness:
Signature
:
..................................................................
Name
:
(in capitals): .............................................
Date
:
...................................................................
Note : Failure of a Tenderer to fully complete and sign this form will invalidate the tender
T2.1.2.2 : RENTAL STRUCTURE
Tenderer to complete and fill in rental offer below (all prices to include V.A.T.):
1) Basic Rental
Accommodation
Monthly Rental per m2
(
Rands)
Lease area (m2)
Ground Floor
352
Ground Floor Open
Seating
1st Floor
67
185
1st Floor Open Seating
212
Beach Seating
297
Total (Rands)
TOTAL BASIC RENTAL (RANDS)
Refer to Floor Plans, Appendix B
2) Rental based on Percentage of Gross Monthly Income
Percentage of Gross Monthly
Forecasted Gross Monthly
Income (%)
Turnover (Rands)
Total (Rands)
The rental payable is the greater of either the sum of the basic monthly amount payable or a
percentage of the gross monthly income derived from all activities conducted on or from the premises.
The percentage of gross annual income offered by tenderers shall not be lower than five percent (5%)
The evaluation and scoring of the financial offers made will be weighted as follows:
80% of Monthly rental
20% of Turnover percentage
Escalation of 8% per annum compounded will be applicable from 1 July 2012 as per clause 1.7 in the
lease agreement.
SIGNATURE : .................................................................................
DATE:.......................................
(of person authorised to sign on behalf of the Tenderer)
T2.1.2.3 : CERTIFICATE OF AUTHORITY
Indicate the status of the tenderer by ticking the appropriate box hereunder. The tenderer must
complete the certificate set out below for the relevant category.
(I)
COMPANY
(I)
(II)
CLOSE
CORPORATION
(III)
(IV)
PARTNERSHIP JOINT VENTURE
(V)
SOLE
PROPRIETOR
CERTIFICATE FOR COMPANY
I, .............................................................................................., chairperson of the Board of Directors of
..............................................., hereby confirm that by resolution of the Board (copy attached) taken on
................................ 20......, Mr/Ms ..................................................................., acting in the capacity of
..................................................................…..., was authorised to sign all documents in connection
with this tender and any contract resulting from it on behalf of the company.
Chairman :
................................................
Date :
................................................
As Witnesses :
(II)
1.
................................................
2.
..................................................
CERTIFICATE FOR CLOSE CORPORATION
We, the undersigned, being the key members in the business trading as ...............................................
.............................................................. hereby authorise Mr/Ms ...........................................................,
acting in the capacity of .................................................................., to sign all documents in connection
with the tender for Contract No. ................................... and any contract resulting from it on our behalf.
NAME
Note :
ADDRESS
SIGNATURE
DATE
This certificate is to be completed and signed by all of the key members upon whom
rests the direction of the affairs of the Close Corporation as a whole.
(III)
CERTIFICATE FOR PARTNERSHIP
We, the undersigned, being the key partners in the business trading as .................................................
.............................................................. hereby authorise Mr/Ms ...........................................................,
acting in the capacity of .................................................................., to sign all documents in connection
with the tender for Contract No. ................................... and any contract resulting from it on our behalf.
NAME
ADDRESS
SIGNATURE
DATE
Note :
This certificate is to be completed and signed by all of the key partners upon whom
rests the direction of the affairs of the Partnership as a whole.
(IV)
CERTIFICATE FOR JOINT VENTURE
We, the undersigned, are submitting this tender offer in Joint Venture and hereby authorize
Mr/Ms .................................................. , authorized signatory of the company, .......................................
................................................................ acting in the capacity of lead partner, to sign all documents in
connection with the tender offer for Contract No . ............... and any contract resulting from it on our
behalf.
This authorization is evidenced by the attached power of attorney signed by legally authorized
signatories of all the partners to the Joint Venture.
NAME
Note :
ADDRESS
SIGNATURE
DATE
This certificate is to be completed and signed by all of the key partners upon whom
rests the direction of the affairs of the Partnership as a whole.
(V)
CERTIFICATE FOR SOLE PROPRIETOR
I, ............................................................................................., hereby confirm that I am the sole owner
of the business trading as .........................................................................................................................
Signature of Sole owner : ......................................................
Date :
As Witnesses :
......................................................
1.
...................................................... 2. ...................................................
T2.1.2.4 : RECORD OF ADDENDA TO TENDER DOCUMENTS
I / We confirm that the following communications received from the Employer or his representative
before the date of submission of this tender offer, amending the tender documents, have been taken
into account in this tender offer.
ADD.No
DATE
TITLE OR DETAILS
1
2
3
4
5
SIGNATURE : .................................................................................
DATE:.......................................
(of person authorised to sign on behalf of the Tenderer)
T2.1.2.5 : AMENDMENTS, QUALIFICATIONS AND ALTERNATIVES
(This is not an invitation for amendments, deviations or alternatives but should the Tenderer,
desire to make any departures from the provisions of this contract he shall set out his proposals
clearly hereunder. The Employer will not consider any amendment, alternative offers or discounts
unless forms (a), (b) and (c) have been completed to the satisfaction of the Employer.
I / We herewith propose the amendments, alternatives and discounts as set out in the tables below:
(a)
AMENDMENTS
PAGE, CLAUSE OR
ITEM NO
[Notes: (1)
(2)
(b)
PROPOSED AMENDMENT
Amendments to the General and Special Conditions of Contract are not
acceptable;
The Tenderer must give full details of all the financial implications of the
amendments and qualifications in a covering letter attached to his tender.
ALTERNATIVES
PROPOSED
ALTERNATIVE
[Notes: (1)
(2)
(3)
DESCRIPTION OF ALTERNATIVE
Individual alternative items that do not justify an alternative tender, and an
alternative offer for time for completion should be listed here.
In the case of a major alternative to any part of the work, a separate Pricing
Schedule, programme, etc, and a detailed statement setting out the salient
features of the proposed alternatives must accompany the tender.
Alternative tenders involving technical modifications to the design of the works
and methods of construction shall be treated separately from the main tender
offer.]
SIGNATURE : ........................................................................................ DATE: ..................................
(of person authorised to sign on behalf of the Tenderer)
T2.1.2.6 : DECLARATION OF INTEREST
1.
Any legal person, including persons employed by the principal, or person having a kinship
with persons employed by the principal, including blood relationship, may make an offer or
offers in terms of this invitation to bid. In view of possible allegations of favouritism, should
the resulting bid, or part thereof, be awarded to persons employed by the principal, or to
persons connected with or related to them, it is required that the bidder or his / her
authorised representative declare his / her position in relation to the evaluating / adjudicating
authority and / or take an oath declaring his / her interest, where ●
the bidder is employed by the principal; and / or
●
the legal person on whose behalf the bidding document is signed, has a relationship
with persons / a person who are / is involved in the evaluation and or adjudication of
the bid(s), or where it is known that such a relationship exists between the person or
persons for or on whose behalf the declarant acts and persons who are involved with
the evaluation and or adjudication of the bid.
2.
In order to give effect to the above, the following questionnaire must be completed and
submitted with the bid.
2.1
2.1.1
Are you or any person connected with the bidder, employed by the principal? .... (Yes / No)
If so, state particulars ................................................................................................................
...................................................................................................................................................
...................................................................................................................................................
2.2
Do you, or any person connected with the bidder, have any relationship . ............ (Yes / No)
(family, friend, other) with a person employed by the principal and who may
be involved with the evaluation and or adjudication of this bid?
If so, state particulars ................................................................................................................
...................................................................................................................................................
...................................................................................................................................................
2.2.1
2.3
2.3.1
Are you, or any person connected with the bidder, aware of any relationship ...... (Yes / No)
(family, friend, other) between the bidder and any person employed by the
principal who may be involved with the evaluation and or adjudication of this bid?
If so, state particulars If so, state particulars .............................................................................
...................................................................................................................................................
...................................................................................................................................................
I, THE UNDERSIGNED (NAME) ................................................................................... CERTIFY
THAT THE INFORMATION FURNISHED IN PARAGRAPHS 2.1 TO 2.3.1 ABOVE IS CORRECT. I
ACCEPT THAT THE PRINCIPAL MAY ACT AGAINST ME SHOULD THIS DECLARATION PROVE
TO BE FALSE.
SIGNATURE : .......................................................................................... DATE: .................................
(of person authorised to sign on behalf of the Tenderer)
T2.1.2.7 : COMPULSORY 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:………………………………………………………………………………
Section 2: VAT registration number, if any:……………………………………………………………….
Section 3: CIDB registration number, if any:………………………………………………………………
Section 4: Particulars of sole proprietors and partners in partnerships
Name*
Identity number*
Personal income tax number*
* Complete only if sole proprietor or partnership and attach separate page if more than 3 partners
Section 5: Particulars of companies and close corporations
Company registration number…………………………………………………………………………………
Close corporation number……………………………………………………………………………………..
Tax reference number………………………………………………………………………………………….
Section 6: Record in the service of the 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 sole proprietor,
partner, director, manager,
principal shareholder or
stakeholder
*insert separate page if necessary
Name of institution, public office, board or
organ of state and position held
Status of service
(tick appropriate column)
Current
Within last 12
months
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
 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 spouse, child or
parent
Name of institution, public office, board
or organ of state and position held
Status of service (tick
appropriate column)
Current
Within last 12
months
*insert separate page if necessary
The undersigned, who warrants that he/she is duly authorized to do so on behalf of the enterprise:
i)
authorizes the Employer to obtain a tax clearance certificate from the South African Revenue Services
that my / our tax matters are in order;
ii) confirms that neither the name of the enterprise or the name of any partner, manager, director or other person, who
wholly or partly exercises, or may exercise, control over the enterprise appears on the Register of Tender Defaulters
established in terms of the Prevention and Combating of Corrupt Activities of 2004;
iii) confirms that no partner, member, director or other person, who wholly or partly exercises, or may exercise, control
over the enterprise appears, has within the last five years been convicted of fraud or corruption;
iv) confirms that I / we are not associated, linked or involved with any other tendering entities submitting tender offers
and have no other relationship with any of the tenderers or t hose responsible for compiling the scope of work that
could cause or be interpreted as a conflict of interest; and
v) confirms that the contents of this questionnaire are within my personal knowledge and are to the best of my belief
both true and correct.
Signed
Date
Name
Position
Enterprise name
T2.1.2.8 : TAX CLEARANCE CERTIFICATE
The Tax Clearance Certificate obtained from SARS to be inserted here if available at time of tender
submission. If not available at time of tender submission the Tenderer is to apply to SARS using Form
TCC 001 : “Application Form for Tax Clearance Certificate in Respect of Tenders” available on the
internet at www.sars.gov.za.
T2.1.2.9 : JOINT VENTURE AGREEMENTS (if applicable)
Joint Venture agreement and Power of Attorney Agreements to be attached here.
T2.1.2.10 : VALID PROOF OF REGISTRATION WITH APPLICABLE ASSOCIATIONS
Tenderers are to provide proof of registration / membership with the following:
a)
Proof of ownership of franchise if applicable
Attach the Certificates of Registration here.
T2.1.2.11 : FINANCIALS
T2.1.2.11.1 : FINANCIAL STATEMENTS
The Tenderer is to provide audited and approved financial statements for the last 3 financial years.
Insert financial statements here.
T2.1.2.11.2 : BANKER’S LETTER OF GOOD STANDING
The Tenderer is to provide a banker’s letter of good standing on the bank’s official letterhead.
Insert banker’s letter of good standing here.
T2.1.2.11.3 : SUPPLIER CREDIT RATINGS
The Tenderer is to provide written confirmation (original letters) from four (4) major suppliers, relative
to this contract, confirming credit facilities as well as credit ratings, and any other relevant purchasing
conditions.
Insert written confirmation from major suppliers here.
T2.1.2.11.4 : INSURANCES
The Tenderer is to provide confirmation and/or intent of insurance cover appropriate to this Service
Contract, including the levels of cover, and may include but are not limited to a)
b)
c)
d)
e)
f)
g)
property and casualty insurance;
workers compensation and employee liability insurance in accordance with the
Compensation for Occupational Health and Safety Act, No. 85 of 1993, as amended;
comprehensive general liability insurance (including contractual liability insurance);
errors and omissions insurance and professional indemnity insurance;
comprehensive crime insurance;
riot cover insurance (SASRIA equivalent);
public liability insurance;
Should there be any special additional insurance cover required, this is to be included in the
confirmation and/or intent of insurance cover and be brought to our attention.
Insert confirmation and/or intent of insurance cover here.
T2.1.2.12 : DECLARATION OF MUNICIPAL FEES
I/We do hereby declare that the Municipal fees of myself/ the company/the close corporation/ the
trust ________________________________________________, are as at the date of the tender
closing, fully paid up, or arrangements have been concluded with the Municipality to pay the said fees:
Account
Account number
Electricity
_______________________________ }
Water
________________________________}
Rates
________________________________}
JSB levies
________________________________}
________
________________________________}
________
________________________________}
I/We acknowledge that should it be found that the Municipal fees are not up to date, the Municipality
may take such remedial action as is required, including termination of contract, and any income due to
the tenderer shall be utilised to offset any monies due to the Municipality.
_______________________________
Name
_____________________________
Signature
________________________________
Designation
______________________________
T2.1.2.13 : DECLARATION IN TERMS OF CLAUSE 44 OF THE SUPPLY CHAIN MANAGEMENT
REGULATIONS
I do hereby declare
1.
I am not in the service of the state, as defined in the Supply Chain Management Regulations,
and I am not an advisor or consultant contracted with the Municipality,
(or)
2.
No director, manager, principle shareholder or stakeholder of the company, close corporation/
trust ________________________________________________, is a person in the service
of the state, as defined in the Supply Chain Management Regulations, or an advisor or
consultant contracted with the Municipality,
(Delete whichever is not applicable)
_______________________________
Name
_____________________________
Signature
________________________________
Designation
______________________________
T2.1.2.14 : DECLARATION OF CLOSE FAMILY MEMBERS OF PERSONS IN THE SERVICE OF
THE STATE
I _____________________________________________________________________
In my personal capacity,
or
in my capacity as _______________________ of the Company/Close Corporation/Trust
________________________________________________ No. ____________________
(Delete whichever is not applicable)
hereby declare that:
1. I am a close family member of a person in the service of the state;
(or)
2. I am a close family member of a person who has been in the service of the state in the
previous twelve months
(Delete whichever is not applicable)
3. State nature of relationship _________________________________
4. State the name of that person _______________________________
5. State the capacity in which that person is in the service of the state
_______________________________________________________
6. State amount of Tender offer ______________________________
__________________________
Signature
__________________________
Identity Number
________________________
Date
T2.1.3
QUALITY EVALUATION SCHEDULES AND CERTIFICATES
The following Schedules are an indication of the minimum requirements and preferred
format (not prescriptive) for evaluation purposes. However, the Tenderer is encouraged
to submit as much detail as appropriate to support evaluation in terms of quality.
T2.1.3.1 : TENDERER’S EXPERIENCE
The experience of the tenderer or joint venture partners in the case of an
unincorporated joint venture or consortium as apposed to the key staff members /
experts in similar service contracts or similar areas and conditions in relation to the
scope of work over the last five years will be evaluated.
Tenderers should very briefly describe his or her experience in this regard and
attach this to this schedule.
The description should be put in tabular form with the following headings:
Employer - contact person and
telephone number, where
available
Past / Existing
Businesses
Start up
business /
Bought from ex
owner
Rental
Value
inclusive of
VAT (Rand)
Turnover
Duration of
lease
The scoring of the tenderer’s experience will be as follows:
Poor
(score 40)
Average
(score 60)
Good
(score 80)
Very good
(score 100)
Tenderer has limited experience
Tenderer has relevant experience but has not dealt with the critical issues
specific to the assignment.
Tenderer has extensive experience in relation to the lease contract and has
worked previously under similar conditions and circumstances.
Tenderer has outstanding experience in lease contracts of a similar nature.
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 his / her personal knowledge and are to the best
of his / her belief both true and correct.
Signed
Date
Name
Position
Tenderer
ATTACH SCHEDULES OF RELEVANT EXPERIENCE HERE
T2.1.3.2 : DEVELOPMENT GUIDELINES AND PROPOSAL
T.2.1.3.2.1: Introduction:
The Central Beachfront Upgrade has enabled the Municipality to rationalize the distribution of
restaurant, service and retail opportunities available within the Central Beachfront within a combination
of new and upgraded/converted premises.
The letting of these premises provides the opportunity to achieve an exciting variety of food outlets,
recreational service and retail offerings across the entire length of the Central Beachfront (from
uShaka through to Blue Lagoon). These amenities should complement their respective Beach locale
and contribute toward the development of a unique ‘Durban Beach Experience’ within an overall
theme of ‘healthy living’.
Following the assessment of individual tenders received in response to Contracts SPU2010/B01RevA,
B03RevA, and B09RevA, these tender assessments will be reviewed as a collective in order to ensure
that a variety of food offerings and beach-related tourism/retail is achieved across the Central
Beachfront, in accordance with the City’s stated objective.
Where food offerings are being tendered for, due regard must also be taken of the available kitchen
space relative to the menus provided and available seating.
T.2.1.3.2.2: New Beach Restaurant:
The New Beach Restaurant Premises is located on the Beach Promenade at the head of Dr Pixley
KaSeme Street overlooking Durban’s premier Events Beach. This Beach hosted the 2010 FIFA TM
Fanfest and numerous other sports events, such as beach volley ball and beach soccer. It is also the
venue for some of the larger Beach Parties associated with Conferences/Exhibitions/Events taking
place in the City. It is an ideal beach to host concerts as well.
(Certain events, such as the Indaba Beach Party may require the temporary closure of the lower
ground floor restaurant level. Such instances will be limited as far as possible but in any event shall
not exceed 8 days in any one calendar year.)
Dr Pixley KaSeme Street is the main east-west pedestrian link to and from the CBD and at its junction
with O.R. Tambo Parade is located the City’s People Mover Terminal, serving the Central Beachfront
and CBD.
Public ablutions, together with changeroom facilities and event management offices are
accommodated within the building at the lower Beach Promenade level which does not form part of
the premises on offer.
It is envisaged that the New Beach Premises would serve as a restaurant at the upper O.R. Tambo
Parade level and as a self-service restaurant at the lower Beach Promenade level.
Proposals should contribute to developing a ‘New Beach Brand’.
From a broader Beachfront perspective it is essential that proposal provide an ‘active’ edge to the
Promenade interface. This is provided for by the inclusion of the outdoor seating area within the lease
area. In addition that portion of the outdoor seating (shown as beach seating) which straddles the sea
wall on the opposite side of the Promenade will be available for use when not required by events
taking place and as such its use will be by separate agreement.
T2.1.3.2.3: Proposal
The proposal must respond to the development guidelines and outline the proposed approach /
methodology. The proposal should articulate what value adds the tenderer will provide in achieving the
stated objectives for the project.
The following are required:
a)
A full description of the product offering of proposed restaurant
b)
Proposed operations methodology and business plan to include the following:
c)
Proposed Capital Expenditure to be incurred by the operator to ensure the restaurant
a.
is operationally viable
b. Loose furniture, fittings and equipment required (including details of quality and
where possible examples are to be provided).
c. Five Year trading forecasts
d. Marketing and promotion proposals
e. Hours of operation.
f.
Sample menu, together with indicative price list.
d)
A proposed restaurant layout to be provided with tender.
e)
A signage concept plan indicating layout, typeface and illumination if any.
Notes:
(i)
(ii)
The premises available are limited to that reflected in the Draft Lease Agreement and
Appendix B thereto. Proposals which incorporate additional land/areas, not provided for in
the tender will not be considered.
Whilst outdoor seating areas are included, the City does not warrant that the available
kitchen space is sufficient to maximise these opportunities and prospective tenderers will
need to consider the kitchen size, seating arrangements and menu, to maximise their
opportunities.
The proposal should not be longer than 10 pages.
The scoring of the proposal will be as follows:
Criteria
Response to brief, including
business plan and proposal
for setting up and managing
the shop (70%)
Creativity and freshness of
solutions in response to the
proposed shop (30%)
INSERT PROPOSAL HERE.
Indicators
Poor (Score 40%)
Average (Score 60%)
Good (Score 80%)
Very Good (Score 100%)
The proposal does not address
many of the criteria identified in
the development guidelines.
The proposal shows limited
understanding of the business,
is weak in important areas and
is unlikely to meet the lease
requirements
Re-use of an existing concept
that is likely to be recognised.
It could be constructed
anywhere and does not have
any particular local influence
The proposal meets most of
the criteria listed in the
development guidelines. It is in
line with and may be able to
meet the lease requirements
The proposal meets all of the
criteria listed in the
development guidelines. It is
detailed and well conceived,
has made allowance for all
aspect of the lease and meets
all the lease requirements
Besides the good rating, the
proposal is innovative and is
likely to yield legacy benefits
for the lease and the area.
Re-use of an existing idea but
with sufficient innovation to
have its own special appeal
A fresh new look that shows
good creativity, aligns itself
with Durban’s culture, and with
which local residents can
readily identify
A truly unique proposal that is
very strongly linked to and
idenitifiable with Durban’
T2.1.4
1.
PREFERENCING SCHEDULES
Definitions
1.1. The following definitions shall apply to this schedule:
Black African equity ownership: The percentage of an enterprise or business owned by individuals or, in
respect of a company, the percentage of the company’s shares that are owned by black persons who are
Africans, who are actively involved in the management of an enterprise or business and exercise control over
the enterprise, commensurate with their degree of ownership at the closing date of the tender
black owned: an entity in which:
a) black people hold more than 50% of the exercisable voting rights as determined under Code series 100;
and
b) black people hold more than 50% of the economic interest as determined under Code series 100.
black person: natural persons who are Africans, Coloureds and Indians who are citizens of the Republic of
South Africa by:
i) birth or descent; or
ii) naturalization occurring:
a) before the commencement date of the Constitution of the Republic of South Africa Act of 1993; or
b) after the commencement date of the Constitution of the Republic of South Africa Act of 1993, but
who, without the Apartheid policy would have qualified for naturalization before then.
Code: the Broad-Based Black Economic Empowerment Codes of Good Practice issued in terms of the
section 9(1) of the Broad Based Black Economic Empowerment Act 53 of 2003, as published in Government
Gazette No 29617 of 9 February 2007.
Construction Code: the Construction Sector Code issued in terms of Section 9(1) of the Broad Based
Black Economic Empowerment Act 53 of 2003, as published in Government Gazette No 32305 of 5 June
2009
entity: a natural or a juristic person conducting a business, trade or profession in the Republic of South
Africa
exempted micro enterprise: an enterprise which has an annual total turnover of R1,5million or less
principal: means a natural person who is a partner in a partnership, a sole proprietor, a director of a
company established in terms of the Companies Act, 1973 (Act 61 of 1973) 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
qualifying small enterprise: an enterprise which has an annual total revenue of between R1,5 million and
R 11,5 million
qualifying small enterprise score card: the scorecard contained in Code series 2800 of the Construction
Code
start up enterprise: a recently formed or incorporated entity that has been in operation for less than 1 year,
but excluding any newly constituted enterprise which is merely a continuation of a pre-existing enterprise.
verification agency: a verification agency accredited by SANAS and recognized as an Accredited B-BBEE
Verification Agencies (see www.sanas.co.za/directory/bbee_default.php)
1.2. The definitions contained in the Code and the Construction Code shall have precedence in the interpretation
of any ambiguity or inconsistency with the above definitions.
2
Broad based black economic empowerment as measured in accordance with the Construction Code
2.1 Conditions associated with the granting of preferences
2.1.1
Tenderers who claim a preference shall provide sufficient evidence of their B-BBEE Status in accordance
with the requirements of section 3, failing which their claims for preferences will be rejected.
2.1.2
Verification agencies shall clearly indicate the financial year or the period on which the entity’s B-BBEE
Status is based in any verification certificate that is issued. Certificates which fail to provide this information
will be rejected.
2.2 Establishing the B-BBEE status of an enterprises
2.2.1
Exempted micro enterprises
2.2.1.1 An exempted micro enterprise shall be deemed to have the B-BBEE Status of a Level 4 Contributor
2.2.1.2 An exempted micro enterprise with more than 50% ownership by black people shall be deemed to have the
B-BBEE Status of a Level 3 Contributor.
2.2.1.3 An exempted micro enterprise wishing to improve their B-BBEE Status may be measured in terms of the
Qualifying Small Enterprise Scorecard
2.2.1.4 Sufficient evidence of qualification as an Exempted Micro-Enterprise is an auditor’s certificate or similar
certificate issued by an accounting officer or verification agency in respect of the entity’s last financial year
or a 12 month period which overlaps with its current financial year.
2.2.1.5 Sufficient evidence of qualification as a Level 3 Contributor shall be a signed affidavit by all of the principals
of the entity declaring that at least 50% of the ownership of the entity is by black people.
2.2.1.6 Sufficient evidence of qualification for a higher B-BBEE status in terms of the qualifying small enterprise
scorecard shall be as stated in 2.3.
2.2.2
Qualifying small enterprises
2.2.2.1 A qualifying small enterprise’s B-BBEE Status shall be measured in accordance with the Qualifying Small
Enterprise Scorecard in accordance with the relevant provisions of the Construction Code.
2.2.2.2 Sufficient evidence of B-BBEE Status is a certificate issued by a verification agency based on the
performance of the entity during its last financial year or a 12 month period which overlaps with its current
financial year.
2.2.3
Start up Enterprises
2.2.3.1 Start up enterprises shall be measured as follows for the first year following their formation or incorporation:
Value of tender including VAT
< R 1 500 000
> R 1 500 000 but < R11 500 000
≥ R 11 500 000
Clause for assessing B-BBEE Status
3.1
3.2 based on annualized data
3.4 based on annualized data
2.2.3.2 Sufficient evidence of Start up Enterprises status shall be a certificate issued by an auditor or a verification
agency confirming such status in accordance with the relevant provisions of the Code.
2.2.4
Enterprises other than micro exempted, qualifying small enterprises or start up enterprises
2.2.4.1 Enterprises other than micro exempted, qualifying small enterprises or start up enterprises shall be
measured in accordance with the relevant provisions of the relevant provisions of the Construction Code.
2.2.4.2 Sufficient evidence of B-BBEE Status is a certificate issued by a verification agency based on the
performance of the entity during its last financial year or a 12 month period which overlaps with its
current financial year.
3
Black African equity ownership
3.1
Black African equity ownership can only be claimed in respect of private companies and shall be based
on the percentage of equity ownership of black persons who are African.
3.2
The following equity is owned by black persons who are Africans
Name
ID Number
Date obtained South
African citizenship
Percentage equity
ownership (%)
Total
4
Location of business
4.1
A business, in order to qualify for preference points shall be under the direct control and supervision of
the tenderer, on a permanent basis.
4.2
The address of the business and contact numbers are:
Physical Address
Postal address
Fax
Telephone
5
Tender preferences claimed
I / we claim the following preferences on behalf of my / our firm:
Category of preference
Tender evaluation
points provided for in
the Preferential
Procurement Policy
Framework Act (Act 5
of 2000)
Preference
claimed for
Category of
Preference
(Y=yes)
Broad Based Black Economic Empowerment

Level one contributor
5,0

Level two contributor
4,6

Level three contributor
4,0

Level four contributor
3,7

Level five contributor
3,0

Level six contributor
2,2

Level seven contributor
1,8

Level eight contributor
0,4
Black African Equity Ownership

100% Black African Equity ownership
2,5

Greater than or equal to 75% Black African Equity
ownership
2,0

Greater than or equal to 50% Black African Equity
ownership
1,5

Greater than or equal to 25% Black African Equity
ownership
1,0
Business within eThekwini Municipal Area
Business within the province of KwaZulu Natal
2
0,5
The undersigned, who warrants that he / she is duly authorised to do so on behalf of the firm confirms that he /
she understands the conditions under which such preferences are granted and confirms that the tenderer satisfies
the conditions pertaining to the granting of tender preferences.
Signature : ...............................................................................................................................……….
Name : .......................................................................................................................................………
Duly authorised to sign on behalf of : ............................................................................................………
Telephone : ......................................................................
Fax : ................................................................................
Date : ...............................................................................
NOTE: Failure to fully complete and sign this scorecard will result in no points being awarded for
Preference.
T2.1.4: BROAD BASED BLACK ECONOMIC EMPOWERMENT
Insert BBBEE SANAS accredited Verification Certificate here.