request for proposal - coega · “cdc/501/13” – request for proposal: construction management...
TRANSCRIPT
Contract No
CDC/501/13 A
CDC/501/13 B
CDC/501/13 C
02 September 2013
Request for Proposal:
CONSTRUCTION MANAGEMENT CONSULTANTS FOR THE
CONSTRUCTION OF RDP LOW COST HOUSES BY EMERGING CONTRACTORS
FOR MOLTENO; CALA-ELLIOT & MOTHERWELL
DOCUMENT INFORMATION SHEET
Title of Document : CONSTRUCTION MANAGEMENT CONSULTANTS FOR THE CONSTRUCTION OF RDP LOW COST HOUSES BY EMERGING CONTRACTORS FOR MOLTENO; CALA-ELLIOT & MOTHERWELL
Type of Document : Request for Proposal
Document Number : CDC/501/13A, CDC/501/13B & CDC/501/13C
Prepared by : Thandile Jack
Typed by : Thandile Jack
Business Unit : EDU – Human Settlements Cluster
Prepared for : Bid Specification Committee
Date of Issue : 02 September 2013
Copyright
All rights reserved. No part of this document may be reproduced or distributed in any form or by any means, electronic, mechanical, photocopying or recording
or otherwise, or stored in a database or retrieval system, without the prior written permission of the Coega Development Corporation (Pty) Ltd. ©
Coega Development Corporation Provincial Projects CDC- EDU (Human Settlements Cluster) Department Human Settlements ISO 9001: 2008 Clause 7.4.1 Purchasing Process
This document, and the information or advice which it contains, is provided by the CDC- EDU Human
Settlements Cluster solely for the use by the Dept of Human Settlements and the Coega Development
Corporation (Pty) Ltd and for reliance by its Executive Management and the Board in performance of that
Business Unit’s duties.
DOCUMENT CONTROL SHEET
The purpose of this form is to ensure that documents are reviewed and approved prior to issue. The form is to be bound into the front of all documents released by the CDC.
PROJECT NAME : PROVINCIAL PROJECTS – DEPARTMENT OF HUMAN SETTLEMENTS
DOCUMENT TITLE : CONSTRUCTION MANAGEMENT CONSULTANTS FOR THE CONSTRUCTION OF RDP LOW COST HOUSES BY EMERGING CONTRACTORS FOR MOLTENO; CALA-ELLIOT & MOTHERWELL
DOCUMENT No. : CDC/501/13A, CDC/501/13B, CDC/501/13C
SIGNING OF THE ORIGINAL DOCUMENT We, the undersigned, accept this document as a stable work product to be placed under formal change control as described by the Change Control Procedure document.
ORIGINAL Prepared by Reviewed by Approved by Date: 02 September 2013
Name: Thandile Jack
Name: Christo Beukes
Name: Sicelo Kubashe
Signature:
Signature: Signature:
Distribution: Potential Bidders
REVISION CHART
REVISION 1 Name:
Name:
Name:
Date:
Signature:
Signature:
Signature:
REVISION 2 Name:
Name:
Name:
Date:
Signature: Signature: Signature:
REVISION 3 Name:
Name:
Name:
Date:
Signature: Signature: Signature:
CDC/501/13 – CONSTRUCTION MANAGEMENT RFP i Rev. 0 09 September 2013
CONSTRUCTION MANAGEMENT CONSULTANTS FOR THE CONSTRUCTION OF RDP LOW COST HOUSES BY
EMERGING CONTRACTORS FOR MOLTENO; CALA-ELLIOT & MOTHERWELL–
CONTRACT NO CDC/501/13A, CDC/501/13B & CDC/501/13C
The Coega Development Corporation (Pty) Ltd (CDC) is assisting the Eastern Cape Department of
Human Settlements (ECDHS) in the delivery of low cost houses to communities in and around the
Eastern Cape, through the utilisation of Emerging Contractors. The Emerging Contractors are expected
to be developed and capacitated through the participation in the Projects. The CDC’s portfolio of
projects with the ECDHS included the following projects:
• CDC/501/13A - Molteno 500 Low Cost Housing;
• CDC/501/13B - Cala – Elliot 372 Low Cost Housing Units, and
• CDC/501/13C - Motherwell – 876 Low Cost Housing Units
INVITATION AND SCOPE OF WORK
The CDC seeks to invite competent and experienced Construction Management Company to ensure the
successful delivery of the Low Cost Housing Units as well as effective skills development of the Emerging
Contractors.
The Construction Management (CM) Consulting Company will be required to provide on-site mentorship via
the provision of Construction Management Service in assisting the Emerging Contractors. The CM Company is
also required to have a permanent site presence of competent and experienced staff compliment. The
Construction Manager on site must be a registered Professional Construction Manager (PrCM), with the
SACPCMP, with minimum of 5 years of proven experience.
CONDITIONS (a) Preference will be given to respondents who comply with the CDC’s Procurement Policy & Procedures. (b) Preferential Procurement Policy Framework Act (PPPFA) principles shall apply, whereby submissions
will be evaluated according to the provisions of that Act and the Public Finance Management Act (PFMA) Sections 36 and 49.
(c) BBBEE status will be scored in accordance with the DTI Codes of Good Practice and bidders must submit with their bid a BBBEE Certificate issued by SANAS Accredited Verification Agencies in order to be eligible for empowerment points.
(d) Registered with professional construction in (PRCM) with SACPCMP (e) The following scores will be applied:
(i) Price : 90 (ii) BBBEE Status : 10
A mandatory tender briefing will be held on 13 September 2013 at 11h00 at the Coega Development Corporation,2
nd floor, Liberty Life building, corner Pearce street, Quartzite Drive, Berea. East London.
RFP documents can be downloaded from the CDC website www.coega.com One original of the completed bid document shall be placed in a sealed envelope clearly marked: “CDC/501/13” – REQUEST FOR PROPOSAL: Construction Management Consultants for the construction of RDP low cost houses”. The closing date and time for the receipt of completed bids is 12h00 on Monday, 30 September 2013 at the reception desk of the CDC,2
nd floor, Liberty Life building, corner
Pearce street, Quartzite Drive, Berea. East London. Late proposals will not be considered.
Failure to submit mandatory information required in this Bid will result in the submissions being deemed null and void and shall be considered non-responsive. Respondents must include a valid and original SARS Tax Compliance Certificate in their submissions in order to be considered.
Telegraphic, telexed, facsimiled or e-mail submissions will not be accepted.
CDC/501/13 – CONSTRUCTION MANAGEMENT RFP ii Rev. 0 09 September 2013
No telephonic or any other form of communication with any other CDC member of staff, other than the named individual below, relating to this request for bid will be permitted. All enquiries regarding this bid must be in writing only, and must be directed to:
Buyiswa Cwayi, Procurement Manager; e-mail: [email protected]
•
The CDC reserves the right not to accept the lowest proposal in part or in whole or any proposal.
CDC/501/13 – CONSTRUCTION MANAGEMENT RFP iii Rev. 0 09 September 2013
ANNEXURE F
RESPONDENT’S INFORMATION SHEET
This form MUST be filled in by all respondents to this RFP and included as the third page of the Proposal after
the cover page.
Contract No. CDC/501/13A, CDC/501/13B & CDC/501/13C
Description of Contract
CONSTRUCTION MANAGEMENT CONSULTANTS FOR THE
CONSTRUCTION OF RDP LOW COST HOUSES BY EMERGING
CONTRACTORS FOR MOLTENO; CALA-ELLIOT & MOTHERWELL
Name of Organisation / Joint Venture / Consortium
Physical Address
Postal Address
Contact Name
Email Address
Telephone Number
Fax Number
Cell Number
Coega Development Corporation Provincial Projects ECDHS Programme Department of Human Settlements ISO 9001:2008 Clause 7.4.1 Purchasing Process
CDC/501/13 – CONSTRUCTION MANAGEMENT RFP i Rev. 0 02/09/2013
TABLE OF CONTENTS
1 INTRODUCTION AND BACKGROUND ............................................................................................1
2 SCOPE OF WORK .............................................................................................................................1
3 PREPARATION OF SUBMISSION ....................................................................................................3
4 ASSESSMENT CRITERIA .................................................................................................................4
6 QUALITAIVE ASSESSMENT .............................................................................................................6
7 TERMS AND CONDITIONS ...............................................................................................................6
8 DISQUALIFICATION ..........................................................................................................................7
Coega Development Corporation Provincial Projects CDC-HS Cluster Department of Human Settlements ISO 9001:2008 Clause 7.4.1 Purchasing Process
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1 INTRODUCTION AND BACKGROUND
The Coega Development Corporation (Pty) Ltd (CDC) is assisting the Eastern Cape Department of
Human Settlements (ECDHS) in the delivery of low cost houses to communities in and around the
Eastern Cape, through the utilisation of Emerging Contractors. The Emerging Contractors are
expected to be developed and capacitated through the participation in the Projects. The CDC’s
portfolio of projects with the ECDHS included the following projects:
• Molteno 500 Low Cost Housing;
• Cala – Elliot 372 Low Cost Housing Units, and
• Motherwell 876 Housing Units.
The general scope of the Low Cost Housing units comprise of the following specification, varying from
project to project:
• 40 m2 permanent structure;
• Foundations either power floated RC strip footing or RC raft foundations, depending on soil
conditions;
• Top structure comprising of block work and mortar;
• Roof structure comprising of timber roof trusses with roof tile or roof sheeting;
• Finishes include, ceilings, doors, glazing and paintwork;
• Concrete aprons all round;
• Bathroom fittings or VIP toilets, depending on specification, and
• Rainwater goods, i.e. Gutters, downpipes and Water tanks
2 SCOPE OF WORK
The Construction Management (CM) Consulting Company is required to provide on-site mentorship
via the provision of Construction Management Services in assisting the Emerging Contractors. The
CM Company is required to have a permanent site presence of competent and experienced staff
compliment in order to assume the overall responsibility of the following requirements:
2.1 The on-site productivity planning and management:
(a) Assisting the Emerging Contractors in compiling Construction programs;
(b) Assisting the Emerging Contractors in updating of the programs;
(c) Ensuring the successful completion and approval of the various stages of the units by the
Engineer, and
(d) Ensuring that the emerging contractors meet their daily production targets;
2.2 Materials Management:
Coega Development Corporation Provincial Projects CDC-HS Cluster Department of Human Settlements ISO 9001:2008 Clause 7.4.1 Purchasing Process
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(a) Assisting the Emerging Contractors in planning their material’s requirements per stage;
(b) Ensuring that the ordering the correct materials;
(c) Preventing wastage and the underutilization of required materials;
(d) Checking the Material’s suppliers invoices are correct on behalf of the Emerging Contractors,
and
(e) Assuming overall responsibility for the flow of materials and the integration of the Emerging
Contractors and the Materials Suppliers.
2.3 Cost Management:
(a) Assisting the Emerging Contractors in invoicing correctly;
(b) Ensuring that the correct amount for the materials is reflected on the invoice, and
(c) Ensuring that all labour is invoiced and paid accordingly.
2.4 Health & Safety Management:
(a) Ensuring that the Emerging Contractors are H&S compliant i.e. H&S files, Safety registers
and toolbox talks;
(b) Ensuring that the correct PPE is worn at all times, and
(c) Managing general site safety;
2.5 Quality Management:
(a) Creating templates for quality management,
(b) Ensuring that the Emerging Contractors build to the required quality standards as per
specifications;
(c) Attending quality inspections with the Engineer and the Emerging Contractors, and
(d) Assisting in the planning and execution of reworks.
2.6 Communication/Contract Management:
(a) Attending all site meetings and generating minutes;
(b) Contract management between the department’s project manager, construction labour,
materials supplier and the community, and
(c) Stakeholder Management between the Department, CDC, the Emerging contractor and the
Community Liaison Officer.
2.7 Handover Documentation Facilitation:
(a) Ensuring that all the necessary handover documentation is in place prior to the handing over
of houses to the beneficiaries. These may include but not limited to NHBRC requirements,
Department’s requirement etc. and
(b) Compiling Close-Out reports.
Coega Development Corporation Provincial Projects CDC-HS Cluster Department of Human Settlements ISO 9001:2008 Clause 7.4.1 Purchasing Process
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Fortnightly reporting the CDC will be required and the Construction management company will
remunerated according to performance on deliverables.
Fortnightly reporting the CDC will be required and the Construction management company will
remunerated according to performance on deliverables. The Construction Management Consultant
will be required for the following periods:
• Molteno 500 Low Cost Housing - 8 Months ;
• Cala – Elliot Low Cost Housing - 10 Months , and
• Motherwell 876 Housing Units - 11 Months.
The Construction Management Company will be required to manage Emerging Contracts with
Construction Industry Development Board (CIDB) grading of between Grade 1 and Grade 3, as
appointed by the Department of Human Settlements.
The Construction Management Company will enter into a Services Level Agreement (SLA) with the
CDC and will be paid directly by the CDC based on delivery and performance, as stipulated on the
RFP’s schedule of fees.
3 PREPARATION OF SUBMISSION
The following items are to be submitted:
(a) The Respondents Information Sheet at the beginning of this document;
(b) Commitment to the transfer of knowledge i.e. the use of interns and students proposed for this
project by indicating the minimum number to be assigned to this project;
(c) The Financial Proposal forms (Annexure A,B,C) is to be completed by respondents, wherein
fees are reflected as an amount in Rand and the remaining fees expressed as a percentage of
the total construction cost; and
(d) Compulsory Declaration of Interest form (Annexure D)
(e) The Tender Offer Evaluation and Scoring document attached (Annexure E); TGP 2013 should
be carefully read and all Annexures are to be completed in full.
Coega Development Corporation Provincial Projects CDC-HS Cluster Department of Human Settlements ISO 9001:2008 Clause 7.4.1 Purchasing Process
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4 ASSESSMENT CRITERIA
4.1 Responsiveness
The following criteria will be used in assessing the responsiveness of tenders.
Table 1: Mandatory Requirements to be submitted
4.2 ADDITIONAL INFORMATION REQUIRED
No. DESCRIPTION YES No.
(1) Valid and Original Tax Clearance Certificate
(2) Signed Attendance Register at Mandatory Briefing Meeting
(3) Completed and signed Declaration of Interest Form
(4) The Construction Manager on site must be a registered Professional Construction Manager (PrCM), with the SACPCMP, resource organogram to be attached with certified copies of certification
(5) Proof of 5 years minimum previous experience of similar projects with
equal or greater value to the tendered price.
(6) Completed and signed price schedule
No.
DESCRIPTION YES NO
(1) Accredited BBBEE Certificate by SANAS verification agent or Letter from
Accountant confirming most recent turnover
(2) Adequate and qualified key personnel with relevant experience to execute
the Works (CV’s to be included in submission)
(3) Provided evidence of previous similar projects with equal or greater value to
the tendered price by completing Form B and also providing detail of a
contact person as reference to confirm quality of work, performance and
timeous completion to verify such status claimed
(4) Certificate of confirmation of company registration issued by CIPC
Coega Development Corporation Provincial Projects CDC-HS Cluster Department of Human Settlements ISO 9001:2008 Clause 7.4.1 Purchasing Process
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5 Quantitative Assessment
Bids are to be adjudicated on Price and BEE status. The method of scoring Financial
Proposals and the BEE Verification Certificate is described in the attached Tender Evaluation
and Scoring document.
The allocation of tender adjudication points for this Contract shall be as follows:
Area of Adjudication Maximum Points
Tendered Price (SP) 90
Empowerment Objectives (SE) 10
Total Points (S) 100
(5) Proposed methodology covering and demonstrating coherence of the:
(i) Processes and reporting templates;
(ii) Resource plan; and
(iii) Methodology for rendering the services
(6)
Supporting documents on project imperatives:
(i) Plans for promoting and managing safety, health and
environmental issues during execution of the project by the
emerging contractors;
(ii) Plans for monitoring and applying quality assurance principles in
the execution of the project by the emerging contractors;
(iii) Plans for promoting and managing cost management issues
during execution of the project by the emerging contractors;
(iv) Plans for promoting and managing effective materials management
issues during execution of the project by the emerging contractors;
(v) Plans for promoting and managing effective on site mentoring and
supervision during execution of the project by the emerging
contractors
(vi) Reporting plans and templates.
Coega Development Corporation Provincial Projects CDC-HS Cluster Department of Human Settlements ISO 9001:2008 Clause 7.4.1 Purchasing Process
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6 QUALITAIVE ASSESSMENT
(a) In terms of risk management the previous experience of the preferred bidder (s) will be verified
whereby the reference checks and feedback from previous employer will determine if the CDC will
consider such company.
7 TERMS AND CONDITIONS
(a) All submissions must be received by the CDC no later than 12:00 noon, Monday the 30th
of
September 2013. Respondents should submit their proposals before the closing date and time
and any late submissions will not be considered;
(b) All submissions and subsequent information received will become the property of the CDC and
will not be returned;
(c) Failure to provide all mandatory information will result in submissions being deemed null and
void and shall be considered “non-responsive” and therefore not considered;
(d) Telegraphic, telexed, faxed or e-mailed submissions will not be accepted;
(e) One original document shall be placed in sealed envelopes clearly marked. “CDC/501/13(A) -
MOLTENO; CDC/501/13(B)- CALA-ELLIOT & CDC/501/13(C) MOTHERWELL -
CONSTRUCTION MANAGEMENT CONSULTANTS FOR THE CONSTRUCTION OF RDP
LOW COST HOUSES BY EMERGING CONTRACTORS”
(f) Respondents or their representatives (including the courier services) must ensure that they
register their submissions in the Register for Submissions form that will be provided at the
Reception Desk of the CDC, wherein they will indicate the name of the person delivering the
submission, the number of copies submitted, the time and date of submission and attach their
signatures;
(g) All enquiries and submissions regarding this Request for Proposal must be directed in writing
only to: Ms Buyiswa Cwayi – Procurement Manager
Email : [email protected]
(h) The contact person reflected above shall be the only point of contact for this contract. Failure to
observe this requirement will lead to immediate disqualification of the respondent;
(i) The CDC reserves the right not to accept any submission. If the CDC does not accept any
submission, it will declare this proposal request process to be closed and may then elect to
negotiate with any party, or to proceed on a completely different basis, or not to proceed with the
services;
(j) Submission of a proposal and its subsequent receipt by the CDC does not represent a
commitment on the part of the CDC to proceed further with any Respondent or any project;
(k) All documents, drawings, reports, etc. prepared by the Respondent pursuant to this RFP shall
become the copyright of the CDC;
Coega Development Corporation Provincial Projects CDC-HS Cluster Department of Human Settlements ISO 9001:2008 Clause 7.4.1 Purchasing Process
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(l) No costs incurred by the Respondents in the preparation of their submission will be reimbursed;
(m) All Respondents will be advised as soon as the successful Bidders have been approved
pertaining to the specific contract;
8 DISQUALIFICATION
Potential Bidders will be disqualified immediately during the tendering stage or during the tender
evaluation and adjudication stage or after the contract has been awarded if they are found to have
conducted or committed any of the following:
(a) Bidders, bidder’s representatives, associates, or shareholders that sought to influence
adjudication process of this tender, or outcomes of the adjudication process, directly or indirectly;
(b) Bidder that failed to follow or observe the lines of communication that are prescribed in the
Advert;
(c) Collusion among bidders;
(d) Misrepresentation of information;
(e) Any Bidder or its principals or both who have engaged in corrupt and fraudulent practices, not
only with the CDC but anywhere else;
(f) Bidder who has pending liquidation, in receivership, bankrupt/insolvent (actually and
commercially);
(g) Tendered price that is unrealistically low and posing commercial risk to the CDC;
(h) Poor past performance on previous contracts; and
(i) Bidder or JV/Consortium partner appearing on National Treasury blacklist.
RFP–Construction Management Consultants Rev. 0 9 September 2013
ANNEXURE A – PRICING SCHEDULE
FINANCIAL PROPOSAL – CDC/501/13(A) - MOLTENO
Schedule A1: Construction Management Services
Activities Monthly Total
per Activity Unit Quantity Amount
(a) The on-site productivity planning and management Month 8 R R
(b) Materials management; Month 8 R R
(c) Cost Management; Month 8 R R
(d) Quality Management; Month 8 R R
(e) Communication and Contract Management Month 8 R R
(f) Handover Documentation facilitation. Month 8 R R
Total Disbursements
R
NB the above pricing schedule must be completed in full
Above fee estimate to exclude VAT
RFP–Construction Management Consultants Rev. 0 9 September 2013
Schedule A2: Disbursements
Activity Unit Quantity Rate Amount
(a) Site establishment and office operational expenditure
1. 1 Container on site that is fully functional Month 8 R
(b) Accommodation
1. Residency of the appointed company should be
within 50 km radius from the site
Month 8
R
(c) Travelling
1. 100 km per day (3000km per month) KM 24000
R
(d) Training and Mentorship Materials
Month 8
R
(e) IT Facilities and consumables
Own PC, Administration, Printing and faxing facilities. Month 8
R
Total Disbursement R
NB the above pricing schedule must be completed in full
Above fee estimate to exclude VAT
RFP–Construction Management Consultants Rev. 0 9 September 2013
SUMMARY - TOTALS FOR SCHEDULES A1 & A2 FOR FEES &
DISBURSEMENT – FINAL OFFER
From Schedule A1– Total Amount for Fees for 8 Months R
From Schedule A2 – Total Amount for Disbursements for 8 Months R
Total Services Amount Offered (Excluding VAT) R
Notes
(a) All deliverables but not limited to these listed will be treated as disbursement at a proven cost by CDC; (b) Disbursements which include travelling and accommodation will be paid based on the assumptions that the offices are within the Cacadu District.
We/I _______________________________in my/our capacity ________________________________duly authorized Company Representative for the ____________________________________________________organisation offer the amount of R__________________(exclusive of VAT) (Amount in Words) _______________________________________________________________________________________for rendering Construction Management Services for the Construction of RDP Low Cost Houses by Emerging Contractors . Name of Person: __________________________
Authorized Signature: __________________________
Witness:
Name: ___________________________
Signature: __________________________
RFP–Construction Management Consultants Rev. 0 9 September 2013
ANNEXURE B – PRICING SCHEDULE
FINANCIAL PROPOSAL – CDC/501/13(B) CALA-ELLIOT
Schedule A1: Construction Management Services
Activities Monthly Total
per Activity Unit Quantity Amount
(g) The on-site productivity planning and management Month 10 R R
(h) Materials management; Month 10 R R
(i) Cost Management; Month 10 R R
(j) Quality Management; Month 10 R R
(k) Communication and Contract Management Month 10 R R
(l) Handover Documentation facilitation. Month 10 R R
Total Disbursements
R
NB the above pricing schedule must be completed in full
Above fee estimate to exclude VAT
RFP–Construction Management Consultants Rev. 0 9 September 2013
Schedule A2: Disbursements
Activity Unit Quantity Rate Amount
(f) Site establishment and office operational expenditure
1 Container on site that is fully functional Month 10
(g) Accommodation
1.Residency of the appointed company should be
within 50 km radius from the site
Month 10
(h) Travelling
1.100 km per day (3000km per month) KM 24 000
(i) Training and Mentorship Materials
Month 10
(j) IT Facilities and consumables
Provisional sum for PC, Administration, Printing and
faxing facilities.
Month 10
Total Disbursement R
NB the above pricing schedule must be completed in full
Above fee estimate to exclude VAT
RFP–Construction Management Consultants Rev. 0 9 September 2013
SUMMARY - TOTALS FOR SCHEDULES A1 & A2 FOR FEES &
DISBURSEMENT – FINAL OFFER
From Schedule A1– Total Amount for Fees for 10 Months R
From Schedule A2 – Total Amount for Disbursements for 10 Months R
Total Services Amount Offered (Excluding VAT) R
Notes
(c) All deliverables but not limited to these listed will be treated as disbursement at a proven cost by CDC; (d) Disbursements which include travelling and accommodation will be paid based on the assumptions that the offices are within the Cacadu District.
We/I _______________________________in my/our capacity ________________________________duly authorized Company Representative for the ____________________________________________________organisation offer the amount of R__________________(exclusive of VAT) (Amount in Words) _______________________________________________________________________________________for rendering Construction Management Services for the Construction of RDP Low Cost Houses by Emerging Contractors . Name of Person: __________________________
Authorized Signature: __________________________
Witness:
Name: ___________________________
Signature: ___________________________
RFP–Construction Management Consultants Rev. 0 9 September 2013
ANNEXURE C – PRICING SCHEDULE
FINANCIAL PROPOSAL – CDC/501/13(C) MOTHERWELL
Schedule A1: Construction Management Services
Activities Monthly Total
per Activity Unit Quantity Amount
(m) The on-site productivity planning and management Month 11 R R
(n) Materials management; Month 11 R R
(o) Cost Management; Month 11 R R
(p) Quality Management; Month 1 R R
(q) Communication and Contract Management Month 11 R R
(r) Handover Documentation facilitation. Month 11 R R
Total Disbursements
R
NB the above pricing schedule must be completed in full
Above fee estimate to exclude VAT
RFP–Construction Management Consultants Rev. 0 9 September 2013
Schedule A2: Disbursements
Activity Unit Quantity Rate Amount
(a) Site establishment and office operational expenditure
1 Container on site that is fully functional Month 11
R
(b) Accommodation
1. Residency of the appointed company should be
within 50 km radius from the site
Month 11
R
(c) Travelling
2. 100 km per day (3000km per month) KM 24000
R
(d) Training and Mentorship Materials
Month 11
R
(e) IT Facilities and consumables
Provisional sum for PC, Administration, Printing and
faxing facilities.
Month 11
R
Total Disbursement Cost R
NB the above pricing schedule must be completed in full
Above fee estimate to exclude VAT
RFP–Construction Management Consultants Rev. 0 9 September 2013
SUMMARY - TOTALS FOR SCHEDULES A1 & A2 FOR FEES &
DISBURSEMENT – FINAL OFFER
From Schedule A1– Total Amount for Fees for 11 Months R
From Schedule A2 – Total Amount for Disbursements for 11 Months R
Total Services Amount Offered (Excluding VAT) R
Notes
(e) All deliverables but not limited to these listed will be treated as disbursement at a proven cost by CDC; (f) Disbursements which include travelling and accommodation will be paid based on the assumptions that the offices are within the Cacadu District.
We/I _______________________________in my/our capacity ________________________________duly authorized Company Representative for the ____________________________________________________organisation offer the amount of R__________________(exclusive of VAT) (Amount in Words) _______________________________________________________________________________________for rendering Construction Management Services for the Construction of RDP Low Cost Houses by Emerging Contractors . Name of Person: __________________________
Authorized Signature: __________________________
Witness:
Name: ___________________________
Signature: ___________________________
RFP–Construction Management Consultants Rev. 0 9 September 2013
ANNEXURE D
FORM A3: COMPULSORY DECLARATION OF INTEREST FORM
The following particulars must be furnished. In the case of a joint venture, a separate declaration of
interest form in respect of each party to the joint venture 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
* Complete only if sole proprietor or partnership and attach separate page if more than 3 partners
Name* Identity number* Personal income tax number*
Section 5: Particulars of companies and close corporations
Company registration number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Close corporation number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Tax reference number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 6: Record of association with CDC member of Staff/Board
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 has an
association with a CDC member of staff or member of Board, a relative of a CDC member of staff or
member of Board: An Association is defined as: a business or personal relationship between a group of
people or organizations joined together for a purpose.
RFP–Construction Management Consultants Rev. 0 9 September 2013
If any of the above boxes are marked, disclose the following:
Name of sole proprietor, partner,
director, manager, principal
shareholder or stakeholder
Name of the CDC member of
staff or Board
Type of relationship
(tick appropriate column)
Family Friend
*insert separate page if necessary
FORM A3: COMPULSORY DECLARATION OF INTEREST FORM
(continued)
The undersigned, who warrants that he / she is duly authorised to do so on behalf of the enterprise:
i) confirms that the 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 Act of 2004;
ii) confirms that no partner, member, director or other person, who wholly or partly exercises, or may
exercise, control over the enterprise, has within the last five years been convicted of fraud or
corruption;
iii) 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 those responsible for compiling
the scope of work that could cause or be interpreted as a conflict of interest; and
iv) 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
Company Name
RFP–Construction Management Consultants Rev. 0 9 September 2013
Coega Development Corporation (Pty) Ltd
ANNEXURE E
TENDER OFFER EVALUATION AND SCORING
Empowerment Objectives
Price
SPECIFICATION
TGP 07: 2013
REVISION 07: JANUARY 2013
Coega Development Corporation Coega IDZ and Port Procurement Unit Zone Development and Operations ISO 9001: 2008 Clause 7.4 Purchasing
(a)
EVALUATION AND SCORING OF TENDER OFFERS ON EMPOWERMENT
OBJECTIVES AND PRICE
SPECIFICATION
TGP 07: 2013
REVISION 07: JANUARY 2013
Coega Development Corporation (Pty) Ltd
Coega Business Centre
Zone 1, Coega IDZ
Port Elizabeth, South Africa
6001
Copyright © 2006 Coega Development Corporation (Pty) Ltd
Coega Development Corporation Coega IDZ and Port Procurement Unit Zone Development and Operations ISO 9001: 2008 Clause 7.4 Purchasing
DOCUMENT CONTROL SHEET
PROJECT NAME : COEGA INDUSTRIAL DEVELOPMENT ZONE AND PORT OF NGQURHA
DOCUMENT TITLE : EVALUATION AND SCORING OF TENDER OFFERS ON EMPOWERMENT
OBJECTIVES AND PRICE
DOCUMENT No. : TGP 07 : 2013
SIGNING OF THE ORIGINAL DOCUMENT
We, the undersigned, accept this document as a stable work product to be placed under formal change
control as described by the Change Control Procedure document.
ORIGINAL Prepared by Reviewed by Approved by
Date:
October 2004
Name:
Andile Ntloko
Name:
-
Name:
Wabo Msizi
Signature:
Signature: Signature:
Revision Prepared by Reviewed by Approved by
Date:
11 August 2006
Name:
Philisa Ndzamela-Qaba
Name:
Bongeka Jojo
Name:
Wabo Msizi
Signature:
Signature: Signature:
Date:
27 October 2006
Name:
Mpumi Mabula
Name:
Peter Inman
Name:
Paul Leese
Signature:
Signature:
Signature:
Date:
27 July 2007
Name:
Carmen Harri
Name:
Luvuyo Matya
Name:
Alan Young
Signature:
Signature:
Signature:
Date:
01 November 2008
Name:
Andile Ntloko
Name:
Luvuyo Matya
Name:
Alan Young
Signature:
Signature: Signature:
Coega Development Corporation Coega IDZ and Port Procurement Unit Zone Development and Operations ISO 9001: 2008 Clause 7.4 Purchasing
Date:
6 July 2010
Name:
Luvuyo Matya
Name:
Andile Ntloko
Name:
Bongeka Jojo
Signature: Signature: Signature:
Date:
17 January 2013
Name:
Luvuyo Matya
Name:
Andile Ntloko
Name:
Bongeka Jojo
Signature: Signature: Signature:
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TABLE OF CONTENTS
ACRONYMS ................................................................................................................... 2
1 INTRODUCTION ....................................................................................................... 2
2 APPLICABLE DOCUMENTATION ........................................................................... 2
3 DEFINITIONS AND INTERPRETATIONS ................................................................ 3
4 TENDER ADJUDICATION POINTS .......................................................................... 6
5. DETERMINATION OF RESPONSIVENESS OF BIDDERS…………………………...7
6. THE QUANTITIATIVE ASSESSMENT…………………………………………...............9
7. GUIDELINES WHEN FUNCTIONALITY IS USED IN THE EVALAUTION
PROCESS……………………………………………………………………………………...10
8. DISQUALIFIERS DURING EVALUATION STAGE…………………………………..10
9 DOCUMENTATION TO BE SUBMITTED IN SUPPORT OF TENDER ................... 11
10 VALIDITY OF PREFERENTIAL REGISTRATION AFFIDAVIT .............................. 12
11 PROOF OF CONTRACTUAL ARRANGEMENT .................................................... 12
12 OUTSOURCING OF WORKS ................................................................................. 13
13 COMPLIANCE WITH LEGISLATION ..................................................................... 13
14 SUBSTITUTION OF PREFERENTIAL GROUP DURING CONTRACT PERIOD 14
15 RECORDING AND REPORTING BY THE CONTRACTOR ................................ 14
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ACRONYMS
ABE = Affirmable Business Enterprise
ABVA = Association of BEE Verification Agencies
BBBEE = Broad-based Black Economic Empowerment
BEE = Black Economic Empowerment
EME = Exempted Micro Enterprises
CDC = Coega Development Corporation (Pty) Ltd
CIDB = Construction Industry Development Board
LEP = Local Enterprise Participation
PPPFA = Preferential Procurement Policy Framework Act
SMME = Small, Medium and Micro Enterprises
WEO = Women Equity Ownership
INTRODUCTION
This Specification, TGP 07:2013: Tender Offer Evaluation and Scoring shall form the basis for
determining how this tender will be evaluated and scored more particularly with respect to achievement
of Empowerment Objectives and the Tendered Price.
This Specification was developed and adopted by the Coega Development Corporation Pty Ltd (CDC) to
ensure that Broad Based Black Economic Empowerment (B-BBEE) is meaningfully progressed and that
individuals with B-BBEE status, specifically from the Eastern Cape, participate meaningfully during the
execution of contracts awarded by the CDC for the development of the Coega IDZ and on projects that
the CDC implements on behalf of other entities.
APPLICABLE DOCUMENTATION
This Specification is to be read together with following applicable documents:
(a) Preferential Procurement Policy Framework Act (PPPFA);
(b) Broad-based Black Economic Empowerment Act (B-BBEE);
(c) CDC’s Procurement Policy & Procedures;
(d) Construction Industry Development Board’s (CIDB’s) Code of Conduct; and
(e) Public Finance Management Act (PFMA).
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DEFINITIONS AND INTERPRETATIONS
(a) Affiliated Business: A business entity which has control of or the power to control another
business entity, albeit indirectly, e.g. where a third person has control of or has the power to
control both entities. Indicators of control shall, without limitation, include interlocking
management or ownership, identity of interests among family members, shared facilities and
equipment, or common use of employees.
(b) Accredited Verification Agencies: Enterprises that have been accredited by SANAS and ABVA
on behalf of the DTI to provide an independent opinion on the broad-based economic
empowerment status of enterprises.
(c) Assignment Value: The total Rand value of the money charged to the CDC by a Service
Provider for services rendered to the CDC following a duly authorised appointment to do so by the
CDC.
(d) Black people: refers to African, Coloureds, Chinese and Indian who are citizens of RSA by birth
and are citizens of RSA by naturalisation before 1994.
(e) Black Economic Empowerment: is defined as an integrated and coherent socio-economic
process that directly contributes to the economic transformation of South Africa and brings about
significant increases in the number of black people who manage, own and control the country’s
economy, as well as significant decrease in income inequalities.
(f) Broad Based Black Economic Empowerment: means the economic empowerment of all black
people including black women, workers, youth, people with disabilities and people living in rural
areas, through diverse but integrated socio economic strategies, as defined in the Act.
(g) Codes of Good Practice : refers to BEE Codes of Good Practice including all the statements as
issued under section 9 of Act 53 of 2003
(h) Contract: A legally binding agreement between the CDC and the Service Provider for the latter
to provide goods and/or services to the former. A contract would be legally binding only if it has
been signed by people who have the delegated authority to do so.
(i) Contractor: Any person, body, or legal entity who has a contract with the CDC for performing a
construction related contract. A Tenderer whose tender has been accepted becomes a
Contractor.
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(j) Control: The possession and exercise of legal authority and power to manage the assets,
goodwill and daily operations of a business and the active and continuous exercise of appropriate
managerial authority and power in determining the policies and directing the operations of the
business.
(k) Employment Intensive Construction: Forms of construction utilising methods and technologies
which realise an increase in the number of employment opportunities generated over plant based
or traditional forms of construction.
(l) Executive Director: 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, who, jointly and severally with his
other partners, co-directors or co-members, as the case may be, bears the risk of the business
and takes responsibility for the management and liabilities of the partnership, company, or close
corporation on a day to day basis.
(m) Firm: A business entity providing professional services in which at least two thirds of the
Principals are Registered Professionals-in-training.
(n) Joint Venture: An association of firms, companies or businesses for which purpose they
combine their expertise, efforts, skills and knowledge to execute the Contract.
(o) Local Enterprise Participation: A firm, company, business with a permanent office and
infrastructure in the Eastern Cape Province that participates meaningfully in the Performance of
the Works.
(p) Office: A firm which is under the full-time control and operation of a resident Registered
Professional.
(q) Owned: Having all the customary incidents of ownership, including the right of disposition, and
sharing the risks and profits commensurate with the degree of ownership interest as
demonstrated by an examination of the substance, rather than the form of the ownership
arrangements.
(r) Ownership Goal: The percentage of the Tendered Price, as awarded, which represents the sum
of the Rand value of HDI people’s equity in the Performance of the Works.
(s) Preferential Group: Individuals, firms or companies with BEE status and who are targeted for
empowerment.
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(t) Preferential Participation Programme: A programme indicating the means, resources and
methodology by which a Contractor would undertake to engage preferential groups in the due
fulfilment of the Contract.
(u) Prime Contractor: A contractor who contracts with the CDC as the principal or main contractor
or as a joint venture partner to such contractors, to provide goods, services or works.
(v) Professional Service: The provision on a fiduciary basis of labour and knowledge-based
expertise which is applied with skill, care and diligence in accordance with the provision of the
Professional Service Contract.
(w) Service Provider: Any person or body corporate that is under contract to the CDC for providing a
Professional Service.
(x) Registered Principal: A person within an Office who is professionally registered by the relevant
statutory council, and who is a director, partner, member, profit sharing associate, shareholder or
other category of persons who participates meaningfully in the ownership, benefits and risks of
the Office and is engaged full time in the operation of the Office.
(y) Registered Professional: A full-time employee of an Office, other than a Principal, who is
professionally registered by the relevant statutory council.
(z) Registered Professional-in-training: A full-time employee, other than a Principal, who is
registered by the relevant statutory council as a professional-in-training, has obtained the
necessary tertiary qualifications to register as a professional and is serving an in-house training
period prior to applying to register as a professional.
(aa) Senior Manager: An individual who is responsible for planning, organising, leading and
controlling operations within an organisation and who reports to the Executive Director.
(bb) Services: The provision of labour and/or work carried out by hand or with the assistance of
equipment and plant including the input as necessary of knowledge based expertise.
(cc) Small, Medium and Micro Enterprises: There are two types namely Exempted Small & Micro
Enterprise (ESME’s) and Qualifying Small Enterprise (QSE):
(i) Exempted Small & Micro Enterprises (ESME’s) are defined by the Codes, as companies
with an annual total turnover of R5 million or less.
(ii) Qualifying Small Enterprises (QSE) are defined by the Codes, as companies with an annual
total turnover of between R5 million and R35 million.
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(dd) Sub-contractor: A contractor who contracts with the Prime Contractor to provide works as part
of the total services required by the CDC for that Contract.
(ee) Supplier: A firm that owns, operates or maintains stores, warehouses or other establishments in
which materials or supplies are bought, kept in stock and regularly sold to the public in the usual
course of business; and engages as its principal business, and in its own name, in the purchase
and sale of goods.
(ff) Tender: The offer of prospective suppliers of goods and/or services, submitted in a tender
document which is issued to the public at large.
(gg) Women Equity Ownership (WEO): The collective ownership percentage of full-time Executive
Directors within an enterprise who are women.
TENDER ADJUDICATION POINTS
4.1 Points Awarded for Empowerment Objectives
The points system for Service Providers (and Contractors) will be structured in the following way:
SCORING
CRITERIA
WEIGHTING FOR
90:10 COMMENTS
Price 90
Empowerment
Objective 10
B-BBEE Certificate
is required
Total points 100
The 80:20 weighting applies for contracts less than R1 million (VAT Incl.) whereas the 90:10
weighting applies for all contracts in excess of R1 million (VAT Incl.).
The allocation of tender adjudication points for Contracts shall be as follows:
Area of Adjudication Maximum Points
Tendered Price (SP) 90
Empowerment Objectives (SE) 10
Total Points (S) 100
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In addition to price evaluation, CDC will evaluate contractors, service providers and professionals
based on their B-BBEE status achieved in accordance with the DTI Codes of Good Practice and
companies must submit B-BBEE Verification Certificates from accredited verification agency or
IRBA registered Auditors in order to be eligible for empowerment points. Exempted Small & Micro
Enterprises (ESME’s) enjoy a deemed BEE recognition of Level 4 contributor and those, which
are 50% or more owned by black people are promoted to a Level 3 contributor. Sufficient
evidence of qualification as an Exempted Small Micro-Enterprises (ESME’s) is a letter from the
enterprise’s Accounting Officer confirming that the turnover is less than R5m or a verification
certificate from Independent Regulatory Board for Auditors (IRBA) or SANAS registered
Verification Agency.
Note:
� A Trust, Consortium or Joint Venture will qualify for points for their B-BBEE Status Level
as a legal entity, provided that the entity submits their B-BBEE Status Level certificate.
� A Trust, Consortium or Joint Venture will qualify for points for their B-BBEE Status Level
as an unincorporated entity provided that the entity submits their consolidated B-BBEE
Scorecard as if they were a group structure and that such a consolidated B-BBEE
Scorecard is prepared for every separate tender.
Empowerment points shall be awarded to a tenderer for attaining the B-BBEE status level of
contributor in accordance with the table below.
CONTRIBUTION LEVEL WEIGHTING FOR
90:10
Level One 10
Level Two 9
Level Three 8
Level Four 5
Level Five 4
Level Six 3
Level Seven 2
Level Eight 1
Non Compliant Contributor 0
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4 Local Enterprise Participation (LEP Target)
• The LEP target is the value of work done by local enterprises, whether as prime contractor, sub-
contractor or supplier, determined as follows:
• The value sourced at local level is the value of resources based in the local area or produced in the
local area
• The LEP target must be calculated in relation to every entity involved in the project. Management staff
commuting from other areas for the duration of the project will not qualify as local. Plant and
equipment brought in from other areas will not qualify as local. Materials and plant sourced via local
suppliers or agencies will qualify as local. A supplier that has been established locally by a Tenderer
solely for the purpose of servicing the project will not qualify as a local Supplier.
• The LEP threshold for CDC contracts is 30%.
• The threshold may be increased by the BU up to 50% if scope exists for further local
participation.
5 SMME / EME Involvement
• There should be a minimum participation of 35% SMME’s / EME’s participation of tender value,
excluding VAT, escalation, etc. Each project from every Business Unit must achieve a minimum of
35% SMME participation. SMMEs must be 100% Black owned or at least majority black owned.
DETERMINATION OF RESPONSIVENESS OF BIDDERS
• In deciding on the responsiveness or pre-qualifiers due cognisance must be taken to the fact that
some should always be included in the tender documents and some would depend upon the nature of
the contract and therefore might not always be required. The following responsiveness criteria or pre-
qualifiers will be used in this bid and are subdivided into mandatory and non-mandatory:
• 5.1 Mandatory Requirements
No. DESCRIPTION
(1) Valid and Original Tax Clearance Certificate
(2) Signed Attendance Register at Mandatory Briefing Meeting
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5.1.2 Additional information required
(3) Completed and signed Declaration of Interest Form
(4) The overall responsible Member must be a registered Professional Construction Manager (PrCM), with the SACPMP
(5)
Proof of 5 years minimum previous experience of similar projects with equal or
greater value to the tendered price by completing Form B and also providing
detail of a contact person as reference to confirm quality of work, performance
and timeous completion to verify such status claims
(6) Completed and Signed Price Schedule
No. DESCRIPTION
(1) Accredited BBBEE Certificate by SANAS verification agent or Letter from Accountant
confirming most recent turnover
(2) Adequate and qualified key personnel with relevant experience to execute the Works (CV’s
to be included in submission)
(3) Provided evidence of previous similar projects with equal or greater value to the tendered
price by completing Form B and also providing detail of a contact person as reference to
confirm quality of work, performance and timeous completion to verify such status claimed
(4) Certificate of confirmation of company registration issued by CIPC
(5) Proposed methodology covering and demonstrating coherence of the:
(iv) Processes and reporting templates;
(v) Resource plan; and
(vi) Methodology for rendering the services
(6)
Supporting documents on project imperatives:
(vii) Plans for promoting and managing safety, health and environmental issues during
execution of the project by the emerging contractors;
(viii) Plans for monitoring and applying quality assurance principles in the execution
of the project by the emerging contractors;
(ix) Plans for promoting and managing cost management issues during execution of the
project by the emerging contractors;
(x) Plans for promoting and managing effective materials management issues during
execution of the project by the emerging contractors;
(xi) Plans for promoting and managing effective on site mentoring and supervision
during execution of the project by the emerging contractors
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6. THE QUANTITATIVE ASSESSMENT
It is considered that there might be a need for an iterative process between the Stage 1 and Stage 2 in
that other things befit Stage 1 might only be apparent in Stage 2. This should be construed as
progressive elaboration of assessment and should be allowed to take place when a need to do so
arises.
6.1 Points Awarded for Tender Price (SP)
The lowest acceptable tendered price should be determined and will be used to calculate the
score for price. A maximum of 80 or 90 points will be allocated to the Tendered Price on the
following basis:
Where: SP = Score obtained by the Tenderer for Price;
Smax = Maximum score that could be obtained for this Contract;
Plowest = Lowest acceptable tender price;
Ptendered = Tendered price being considered.
6.2 Empowerment Scoring, SE
(a) Obtain Broad-based Black Economic Empowerment (B-BBEE) certificate which must be
submitted with tender. (entities issuing the certificates should be registered with SANAS or
IRBA.
(b) In case of JV or Consortium submissions a Consolidated B-BBEE Scorecard must be
submitted and it must be prepared for every separate tender.
6.3 Total Tender Adjudication Points
The total tender adjudication points (S), is given by:
S = SP + SE (Not to Exceed 100 Points)
(xii) Reporting plans and templates.
)(max tenderedlowestP
PPSS =
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7 GUIDELINES WHEN FUNCTIONALITY IS INCLUDED AS A CRITERION IN THE
EVALUATION OF BIDS
Functionality – means the measurement according to predetermined norms of a service or commodity
designed to be practical and useful, working or operating, taking into account quality, reliability, viability
and durability of a service or commodity.
The evaluation of bids must be conducted in the following two stages:
7.1 Firstly, the assessment of functionality must be done in terms of the evaluation criteria and the
minimum threshold be determined. A bid must be disqualified if it fails to meet the minimum
threshold for functionality as per the bid invitation.
7.2 Thereafter, only the qualifying bids are evaluated in terms of the 80/20 or 90/10 preference points
systems, where the 80 or 90 points must be used for price only and the 20 or 10 points are used
for empowerment scoring and/or for achieving the prescribed RDP Goals.
8 DISQUALIFIERS DURING EVALUATION STAGE
The following disqualifiers will be used:
8.1 Bidder that sought to influence the adjudication process;
8.2 Collusion among bidders;
8.3 Misrepresentation of information;
8.4 Any service provider or its principals (or both) who have engaged in corrupt and fraudulent
practices, not only with the CDC but anywhere else;
8.5 Bidder who has a pending liquidation, in receivership, bankrupt/insolvent (actually and
commercially)
8.6 Tendered price unrealistically low and posing commercial risks to the client;
8.7 Poor past performance (the focus is on gross poor performance and a clear trend of poor
performance needs to be established).
9 DOCUMENTATION TO BE SUBMITTED IN SUPPORT OF TENDER
(a) The CDC shall require all potential Consultants, SP’s and CONTR’s to submit at tender stage, a
valid certified copy of a Verification Certificate. The Verification Certificate which indicates the
entity’s BEE status must be issued by SANAS Accredited Verification Agency or IRBA registered
Auditors. Similarly, small entities i.e. Exempted Small Micro Enterprises (ESME’s) will have to
submit Exemption Certificates issued by an Accredited Verification Agency or IRBA registered
Auditor’s certificate or similar certificate issued by Accounting Officers.
(b) The common legislative requirements that are specified by the CDC are CIDB Grading and valid
original Tax Clearance Certificate (TCC).
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(c) Tenderers shall submit the Draft Joint Venture Agreement when required to do so.
(d) Tenderers shall deliver to the Employer a works programme clearly specifying the participation of
targeted enterprises per activity.
(e) Failure by the Tenderer to complete and deliver the information schedules in the form and within
the time specified as agreed by the CDC or its agents/officers, etc., may render the tender non-
responsive and lead to its rejection.
10 VALIDITY OF PREFERENTIAL REGISTRATION AFFIDAVIT
(b) Should a Tenderer either claim or engage an enterprise whose actual black equity and/or staff
composition differs from the actual black equity and/or staff composition for which credits have
been claimed whether incorrectly and/or fraudulently on any tender, such Tenderer shall
immediately be disqualified.
(c) Any Contract awarded on account of false information furnished by the Tenderer in order to
secure preference may be cancelled at the sole discretion of the CDC without prejudice to any
other remedies the CDC may have.
(d) Should the Tenderer be found to have acted fraudulently and/or dishonestly, he/she will be
disqualified from all future tenders for a minimum period of thirty six (36) months, or as otherwise
decided by the CDC.
(e) It is primarily the responsibility of the Tenderer to understand the relevant criteria, definitions and
interpretations associated with a specific preference group before claiming credits for the
engagement of such preference group.
11 PROOF OF CONTRACTUAL ARRANGEMENT
11.1 The Contractor shall submit to the CDC a list of sub-contractors to perform works, services or
supply of goods entered into between the Prime Contractor or Joint Venture at Prime Contract
Level and the sub-contracted preference groups. The CDC may deny the Contractor credits
towards the attainment of his preference group participation percentage in the absence of a
written sub-contract and/or the failure by the Contractor to submit a copy thereof to the CDC.
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11.2 A Joint Venture or Consortium shall submit to the CDC a certified copy of the Joint Venture /
Consortium Agreement, if the Joint Venture/Consortium involves preference groups for which
participation credits are applied. The Contractor shall not impose upon preference groups unfair
conditions of contract. Preference participation credits claimed may be denied if such contracts
contain:
(i) A right of set-off, session and assignment as well as surety in favour of the employing
contractor;
(ii) Authoritarian rights given to the employing contractor with no recourse to independent
adjudication in the event of a dispute arising;
(iii) Payment procedures based on a pay-when-paid system;
(iv) Unreasonable retention percentages and periods of retention after completion;
(v) Conditions which are more onerous than those which exist in the Contract with the CDC.
11.3 Groups for which preference credits are applied for shall participate meaningfully during the
Performance of the Works and shall be responsible for clearly defined portions of the works to be
performed or services to be provided with its own work force and using its own resources or
resources hired by it independent of the employing contractor or non-preference partners in a joint
venture.
12 OUTSOURCING OF WORKS
12.1 The Prime Contractor/Service Provider shall execute works in accordance with tender
commitment and may not outsource works without due approval of the CDC Project Manager.
12.2 An entity must not be awarded points for B-BBEE status level if it is indicated in the tender
documents that such a tenderer intends sub-contracting more than 25% of the value of the
contract to any other enterprise that does not qualify for at least the points that such tenderer
qualifies for, unless the intended sub-contractor is an exempted micro enterprise that has the
capacity and ability to execute the sub-contract.
12.3 An entity awarded a contract may not sub-contract more than 25% of the value of the contract to
any other enterprise that does not have an equal or higher B-BBEE status level than the person
concerned, unless the contract is sub-contracted to an exempted micro enterprise that has the
capacity and ability to execute the sub-contract.
13 COMPLIANCE WITH LEGISLATION
Submissions from entities which do not meet the specified legislative requirements or proof of suitable
arrangements being made with the relevant authorities at the time of tendering will be rendered non-
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responsive by the CDC. The common legislative requirements that are specified by the CDC are CIDB
Grading and valid original Tax Clearance Certificate (TCC).
In cases of Joint Ventures or Consortia, all the JV partners must have valid original TCC by the time they
make a submission. If one of the JV partners has not submitted a valid original TCC, the entire JV or
Consortium shall be regarded as being non-responsive. Sub-contractors must also comply with Tax
Clearance Certificate (TCC) requirements.
14 SUBSTITUTION OF PREFERENTIAL GROUP DURING CONTRACT PERIOD
13.1 Conditions during the Performance of the Works may necessitate terminating the participation of
a Preferential Group. This termination must, however, be authorised by the designated CDC
Project Manager. Key indicators for such justification include, but are not limited to the following:
(i) Continuous poor productivity and progress by the Preferential Group;
(ii) Continuous non-conformance to quality standards by the Preferential Group
13.2 Each case shall be investigated and a formal written report prepared by the Procurement Office in
consultation with the Project Manager (PM).
15 RECORDING AND REPORTING BY THE CONTRACTOR
The CDC Project Manager shall monitor and ensure that SMME and LEP commitments are achieved
during the duration of the contract, the contractor shall report on monthly basis the achievements thereof
to the consultants and CDC Project Manager. The CDC Project Manager shall take all necessary
actions during the Performance of the Works to bring to the attention of the Contractor when progress in
the attainment of the tendered goal percentage(s) is lacking.
Supply Chain Manager
Andile Ntloko
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Signature Supply Chain Manager Date of approval