ESKOM HOLDINGS SOC LIMITED THE CONTRACTOR

Transcription

1 INVITATION TO TENDER Volume 1: INVITATION TO TENDER ENGINEERING AND CONSTRUCTION INVITATION TO TENDER FOR A PROPOSED BETWEEN: ESKOM HOLDINGS SOC LIMITED AND THE OR FOR (the works): THE CONSTRUCTION OF OIL STORAGE FACILITY, ASSOCIATED ROAD AND DRAINAGE AT VULCAN SUBSTATION CONTENTS: T1.1: LETTER OF INVITATION T1.2: TENDER DATA T 1.3: ESKOM S STANDARD CONDITIONS OF TENDER TENDER No. JB Deadline for tender submission: 10:00AM hours on 09 JUNE 2016 (South African Standard Time) Return this cover sheet with tender

2 Eskom Holdings SOC Limited Eskom Group Commercial Projects Sourcing Megawatt Park, Sunninghill, Sandton, Johannesburg Date Ref Enquiries 17 May 2016 JB Julitha Boloko (011) T1.1 LETTER OF INVITATION Eskom Holdings SOC Limited ( Eskom ) invites you to submit a tender to provide the works as stated on the cover sheet. The list of documents provided for the purpose of the tender is attached to this Invitation to Tender. The scope of work is provided in the Works Information [Volume 3, Part 3]. The terms and conditions of the proposed contract are identified in the Agreements and Contract Data [Volume 3, Part 1]. Eskom Holdings SOC Limited Standard Conditions of Tender [T1.3] specifies the actions to be taken during the process of tendering. The section entitled Tender Data [T1.2] provides the details which make the standardised Conditions of Tender specific to the requirements of this tender, including the criteria you are required to comply with in order to be able to submit a tender in response to this Invitation to Tender. The tender documents are supplied to you on the following basis: [complete / delete / add as applicable]. Free of charge Eskom has delegated the responsibility for this tender to the Eskom Representative whose name and contact details are stated in the Tender Data. Your submission of a tender in response to this Invitation to Tender will be deemed as acceptance of Eskom s Standard Conditions of Tender [T1.3]. Page 2 of 31 2

3 You are required to complete the attached Acknowledgement Form and return by facsimile as indicated on the form within 5 (five) days of receiving this Invitation to Tender. If you do not intend submitting a tender, kindly return all the enclosed documentation together with the Acknowledgement Form, stating your reasons for not wishing to participate. We look forward to receiving and evaluating your tender. Yours faithfully, Julitha Boloko Group Commercial Page 3 of 31 3

4 ACKNOWLEDGEMENT FORM TO: THE ESKOM Representative FROM Group Commercial Projects Sourcing Megawatt Park Sunninghill, Sandton Sender Attention Julitha Boloko Fax No. Fax No INVITATION TO TENDER NO. JB ACKNOWLEDGEMENT: RECEIPT OF INVITATION TO TENDER FOR THE CONSTRUCTION OF OIL STORAGE FACILITY, ASSOCIATED ROAD AND DRAINAGE AT VULCAN SUBSTATION (THE WORKS) We are in receipt of the Invitation to Tender from Eskom Holdings SOC Limited dated 17 MAY We confirm that the documentation received by us is: (delete / complete as applicable) Either: Correct as stated in the attached list of Contents, and that each document is complete. [tick box if documentation complete] Or: Incorrect or incomplete for the following reasons: Please select either statement 1 or 2 below and delete the other: 1. We have noted the deadline for tender submission (given in the Tender Data) and will be submitting our tender before the closing date as instructed. 2. We do not intend to submit a tender for this work, and return all of the attached documentation herewith. Our reason for not wishing to submit a tender is as follows: Yours faithfully for the tenderer Page 4 of 31 4

5 T1.2 TENDER DATA Eskom s Standard Conditions of Tender makes several references to the Tender Data for details that apply specifically to this tender. Each item of data provided below is cross-referenced in square brackets like these [ ] to the applicable clause in the Eskom Standard Conditions of Tender to which the data mainly applies. 1 General [1.1] The Eskom Representative is Name : Julitha Boloko Address : Megawatt Park, Maxwell Drive, Sunninghill, Sandton, Johannesburg Tel No. : (011) Fax No. : E mail : julitha.boloko@eskom.co.za [1.1 & 2.1] A tenderer is a person, sole proprietorship, partnership, close corporation, joint venture or company eligible to submit a tender in accordance with these criteria [2.34]: has a CIDB contractor grading of Level 5CE/GB or higher. Potentially Emerging tenderers with a CIDB grading of 4CE/GB PE will also be eligible to tender. Is registered with the CIDB in a CIVIL WORKS/GENERAL BUILDING class of construction works. If a Joint Venture, every member must be registered and the lead partner must have a grading designation in the CIVIL WORKS/GENERAL BUILDING class of construction work. The combined contractor grading designation calculated in accordance with the CIDB Regulations is equal to or higher than a grading designation determined in accordance with the sum tendered for CIVIL WORKS/GENERAL BUILDING class of construction works. Registered (country) : SOUTH AFRICA Page 5 of 31 5

6 [3.12] A responsive tender will be evaluated on the following tender criteria: Evaluation Method A three step evaluation (1. Basic Compliance 2. Functionality, 3. Price & preference point system 90/10 will be conducted Step 1 Basic Compliance Basic compliance with terms, conditions and specifications of the tender documents. Step 2 Functionality Functionality Criteria Technical Maximum number of points 100 NB: Refer to Technical evaluation criteria document for all returnables Total Minimum Threshold for Qualification Tenderers must, as part of tender documents, submit supportive documentation for all technical requirements. The panel responsible for scoring respective tenders will evaluate and score all tenders based on their submissions and information provided. NB: Tenderers who fail to meet the minimum threshold of 70% for technical will not be evaluated further. Page 6 of 31 6

7 Step 3 Price and Preference Responsive tenders will be adjudicated on the 90/10 Preference Point System The following formula will be used to calculate the points for Price: Adjudication Criteria Price Evaluation Ps = 90 (1 Pt Pmin ) Pmin Points 90 Where: Ps = Points scored for price of Bid under consideration Pt = Rand value of Bid under consideration Pmin = Rand value of lowest acceptable Bid Page 7 of 31 7

8 OBJECTIVE CRITERIA These criteria are generally the criteria or conditions specifically linked to contract award. These criteria will be evaluated for compliance or adherence to Eskom s requirements. Non-adherence to the objective criteria will lead to a disqualification. 1. SHEQ REQUIREMENTS Tenderers must, as part of tender documents, submit supportive documentation for all SHEQ requirements. SHEQ Criteria Safety, Health and Environmental NB: Refer to Updated SHE tender evaluation Annexure C for all returnables for Safety and Health AND Refer to TST Rev2 and Environmental tender returnable evaluation form trmfm0081 for Environmental returnables Quality NB: Refer to QM58 and Quality returnables documents Page 8 of 31 8

9 2. SKILLS DEVELOPMENT Eskom intends to improve Skills Development by ensuring that technical support is directed towards enhancing supply capacity and capability within the industry or sector of operation. By doing this the capacity and competitiveness of the local supply base will be increased and the goals of shared growth, employment creation, poverty reduction and skills development will be achieved. Tenderers are encouraged to propose Skills Development initiatives in terms of the Skills required for this project as indicated in the table below: Skill type Eskom s target (Local to South Africa) Trainee Supervisor/Foreman 1 Trainee SHE officer 1 Bricklayer 2 Electrician 2 Tenderers proposal (Local to South Africa) Local Content Local content (not a designated sector) Criteria Target (%) Proposed Target (%) Local content to South Africa 100% 3. FINANCIAL An analysis of the tenderers financial statements will be conducted for the purposes of establishing the tenderers financial viability and ability to meet all of its contractual obligations for the duration of the contract, should the tenderer be awarded the contract. Where applicable a financial evaluation will be conducted by Eskom to further evaluate the financial viability of the tenderer. Page 9 of 31 9

10 B-BBEE Evaluation (10 points) Tenderers are required to submit original and valid B-BBEE Status Level Verification Certificates or certified copies thereof together with their bids to substantiate the B-BBEE claims. Tenderers who do not submit B-BBEE Status Level Verification Certificates or non-compliant contributors to B-BBEE will not qualify for preference points for B-BBEE however will not be disqualified from the tender process. Such a tenderer will score points out of 90 for price and 0 points out of 10 for B-BBEE. Points awarded to a tenderer for attaining the B-BBEE Status Level of contribution in accordance with the table below: B-BBEE Qualification Number of Points (90/10 system) points points < 100 points points < 85 points points < 75 points points < 65 points points < 55 points points < 45 points points < 40 points 1 Non-compliant contributor < 30 points 0 The points scored for price will be added to the points scored for B-BBEE status level of contribution to obtain the tenderers total points scored out of a 100. Page 10 of 31 10

11 2 Tenderer's obligations [2.3 & 2.5] The tender documents are Volume 1 : Invitation to Tender Volume 2 : Returnable documents Volume 3 : Contract Addenda [2.7; 3.2] issued by Eskom Holdings SOC Limited [2.8] A Non Compulsory Site Meeting has been arranged for tenderers as follows: Not Applicable [2.9] The closing time for clarification of queries is five (05) days before the deadline for tender submission. [2.10 & 2.13] The conditions of contract, available separately, are stated in the Contract Data. [2.16] Alternative tender(s) may be based only on the following criteria and subject to acceptance by Eskom Holdings SOC Limited. A different completion date. A different main option and other combinations of secondary option clauses, acceptable to Eskom as the Employer, selected from the NEC Engineering and Construction Contract. Provision of a financing package where none has been requested by this tender. Different technical methods and specifications. [2.18] The tender may be submitted for the whole of the works only. [2.19] Tender returnables are generally in the document called Tender Returnables [Volume 2], but may also be in other tender documents where the tenderer is requested to return something as part of his tender. [2.20] The tender shall be submitted as one (01) original hard copy AND one (01) identical hard copy of the original document. TENDERERS WHO FAIL TO SUBMIT THE COPIES AS REQUIRED WILL BE DISQUALIFIED [2.22] The Invitation to Tender number is JB [2.23] The tender shall be addressed to Eskom as follows: ATT: JULITHA BOLOKO CONFIDENTIAL TENDER NO. JB Page 11 of 31 11

12 [2.25] The place for delivery of the tender is the Eskom Tender Box located at : THE TENDER OFFICE MAIN RECEPTION GROUND FLOOR MEGAWATT PARK MAXWELL DRIVE SUNNINGHILL SANDTON Marked: CONFIDENTIAL TENDER NO. JB Telegraphic, telephonic, telex, facsimile, and late tenders will not be accepted. [2.27 & 3.3] The deadline for tender submission is 10:00 hours on 09 JUNE 2016 (South African Standard Time). NOTE: Late tenders will not be accepted [2.29] The validity period is FOUR (4) MONTHS. [2.35] Eskom s requirement regarding Black/Black Women-owned Suppliers are as follows: Not Applicable 3 Eskom's undertakings [3.4] There will be no public opening of tenders [3.14] The Eskom Representative will determine the evaluated tender price by adjusting the total of the Prices (if any) as follows: Making the specified correction for arithmetical errors [3.12]. Excluding contingencies in any bill of quantities or activity schedule. Making an adjustment based on the application of the quantitative information entered by tenderers in the Contract Data provided by the Contractor to provisional amounts assessed by Eskom s Representative. A model tender assessment schedule suitable for use with Options A and B of the NEC Engineering and Construction Contract may be included in the tender returnables for this purpose. Making an appropriate adjustment for any other acceptable variations, deviations, or alternative tenders submitted. Making a comparison of the Nett Present Value of each adjusted tender based on the tendered programme (if provided) and prices, on the estimated effect of Price Adjustment Factors and rate of exchange fluctuations (if applicable) and on other evaluation parameters relating to uncertainty and risk. [3.20] The number of copies of signed contract documents to be supplied by Eskom are: For the NEC Engineering and Construction Contract: One Page 12 of 31 12

13 4 Additional conditions of tender The additional conditions of tender are: The Tenderer s attention is specifically drawn to the fact that a contract in respect of the services requested herein will not necessarily result from the tenders received in response to this enquiry Eskom reserves the right to conduct a further procurement process with or without a request for the tender or to enter into negotiations with any one or more of the tenderers. Eskom reserves the right not to evaluate and/or consider any tender that does not comply strictly with the requirements as set out in this tender and/or which does not meet one or more of the pre-requisites gatekeepers set out Eskom reserves the right to cancel or withdraw this tender without prior notice and without furnishing any reasons whatsoever Eskom reserves the right to award a tender to a supplier who may not be the highest scoring or highest ranked supplier, for the purpose of maximising recognition of black ownership, black management control, skills development and/ or preferential procurement in line with Section(2)(1)(f) of the PPPFA. Page 13 of 31 13

14 Volume 2: INVITATION TO TENDER ENGINEERING AND CONSTRUCTION The tenderer must complete and return the following returnable documents: No Returnable Document / Schedule Tenderer s Tick Box 1 Cover sheet of this invitation 2 Authorization Form 3 Form of offer and acceptance 4 Contract Data Part 2: Data provided by the Contractor 5 Priced Bill of Quantities 6 Original and valid SARS Tax Clearance Certificate 7 Proof of CIDB Contractor Registration 8 A valid B-BBEE Verification Certificate from a Verification Agency 9 Certificate of Compliance with the Employment Equity Act 10 Technical and SHEQ Returnables 11 Declaration Regarding Fair Bidding Practices Page 14 of 31 14

15 Volume 3: ENGINEERING AND CONSTRUCTION 1. AGREEMENTS AND DATA 1.1 Contract Data Part 1: Data provided by the Employer 1.2 Adjudicator s contract (if required with contract establishment) 2. PRICING DATA 2.1 Pricing instructions 3 EMPLOYER'S WORKS INFORMATION 3.1 See list of contents within the document itself 4 SITE INFORMATION 4.1 List documents as applicable 5 DRAWINGS 5.1 Works Information drawings 5.2 Site Information drawings Page 15 of 31 15

16 T1.2 TENDER DATA (CONTINUED) The tenderer must complete and return the following returnable documents: T2.1a - List of Commercial Returnable Documents The tenderer must complete and return the following returnable documents: (If not applicable, indicate with N/A) 1. Document to be returned prior to submitting a tender Acknowledgement Form forming part of T1.1 Invitation to Tender (to be returned within 5 working days of receipt of tender documents) T a List of Commercial Documents to be submitted with the tender Form of offer and acceptance ( Section C1.1 of NEC contract) Data Provided by the Contractor ( Section C1.2b of NEC contract ) Declaration of Authority Completed Declaration of Fair Tendering Practices Confirmation of Receipt of Addenda to Tender Documents Contract Conditions Qualification Schedule T2.1a-1 T2.1a-2 T2.1a-5 T2.1a-6 Valid Original SARS Tax Clearance certificate (IRP20) applicable if the tenderer is a South African tax payer Certified Copy of the VAT registration certificate (VAT 103) if the tenderer qualifies as a VAT vendor. Tenderers should note that the Employer will only pay VAT against presentation of a valid tax invoice and to the extent that VAT is payable in connection with the required scope (South African tenderers only) Audited Financial Statements of the tenderer for the previous two financial years, or to the extent that such statements are not available, for the last year. Tenderers must note that in the case of a joint venture or special purpose vehicle (SPV) especially formed for this tender, audited financial statements for each participant in the JV / SPV is required. To the extent that the tenderer falls within the definition of a designated Employer as contemplated in the Employment Equity Act 55 of 1998, the tenderer is required to furnish the Employer with proof of compliance with the Employment Equity Act, including proof of submission of the Employment Equity report to the Department of Labour. (South African tenderers only) Original certificate of good standing or proof of application issued by the Compensation Fund (COID) or a licensed compensation insurer (South African tenderers only) If two or more tenderers form a joint venture, consortium or other unincorporated grouping of two or more persons ( joint venture ), a copy of the joint venture agreement entered into between the partners Schedule of Proposed Subcontractors/ Sub-consultants as per template Page 16 of 31 16

17 List of company directors/ shareholders and percentage ownership T2.1b - List of B-BBEE Returnable Documents List of B-BBEE documents to be submitted with the tender: Valid B-BBEE (Broad-Based Black Economic Empowerment) Certificate by an accredited Verification Agency Completed SD&L and Localization Compliance Matrix T2.1c - List of Financial Returnable Documents List of Financial documents to be submitted with the tender: Priced Bill of Quantities Audited Financial Statements of the tenderer for the previous two financial years Page 17 of 31 17

18 T2.1d - List of Technical and SHEQ Returnable Documents T2.1b- List of Technical Tender Returnable Documents Refer to Technical evaluation criteria document for all returnables (attached) Quality Requirements Refer to QM58 and PQA Quality returnables (attached) Acknowledgement of Form A and B (Sign and return) Occupational Health and Safety Requirements : Refer to Annexure C 1: SHE Tender Evaluation and Scoring Card for the returnables Acknowledgement of Annexure B (SHE REQUIREMENTS FOR TENDER ENQUIRIES) Environmental Requirements TST Rev 2 (Attached) (Annexures C and D) Contractors to take note of the requirements of Annexure D of the TST rev2 Trmfm0081 Evaluation Form (attached) Environmental Requirements during Commercial Process (Attached) Page 18 of 31 18

19 Declaration of Authority Tender Schedule T2.1a 1 Please indicate the legal incorporation status of your business entity by ticking the appropriate box hereunder. The signatory hereto must furthermore indicate his/her authority to respond to this tender and all enquiries associated therewith on behalf of the tenderer. Alternatively, certified copies of the relevant incorporation documentation confirming the information required in this schedule may be submitted as a tender returnable. PARTNERSHIP COMPANY JOINT VENTURE CLOSE CORPORATION OTHER (specify) A. Partnerships, Companies, Close Corporations or Others I, the undersigned, hereby confirm that I am duly authorised to sign all documents in connection with this tender and any contract resulting from it on behalf of (insert the full legal name of the tenderer). Signed Position / Capacity B. Joint Ventures We, the undersigned, are submitting this tender in Joint Venture and hereby authorise Mr/Ms, an authorised signatory of, (insert the full legal name of the business entity serving as the lead partner) acting in the capacity of lead partner, to sign all documents in connection with the tender and any contract resulting from it on our behalf. We attach to this Schedule a copy of the joint venture agreement which incorporates a statement that all partners are liable jointly and severally for the execution of the contract and that the lead partner is authorised to incur liabilities, receive instructions and payments and be responsible for the entire execution of the contract for and on behalf of any and all the partners. Page 19 of 31 19

20 Legal Name of Joint Venture Participant Lead partner Full Name and Capacity of Authorised Signatory Signature Page 20 of 31 20

21 Declaration of Fair Tendering Practices Tender Schedule T2.1a - 2 (TO BE PLACED ON THE Tenderer s LETTERHEAD) TO: ESKOM HOLDINGS SOC LIMITED THE CONSTRUCTION OF OIL STORAGE FACILITY, ASSOCIATED ROAD AND DRAINAGE AT VULCAN SUBSTATION "We acknowledge that competitiveness is a requirement of the Eskom procurement process and that collusive tendering is prohibited by law. We confirm that we have not engaged in price fixing with any other tenderer or person, or in any way colluded with any other tenderer or person in connection with this Invitation to Tender JB Signed Date Name Position tenderer Page 21 of 31 21

22 Confirmation of Receipt of Addenda to Tender Documents T2.1a-5 We confirm that the following communications received from the Employer before the submission of this tender offer, amending the tender documents, have been taken into account in this tender offer: Date Received Title or Details (Attach additional pages if more space is required) Page 22 of 31 22

23 Contract Conditions Qualification Schedule T2.1a-6 (Note to tenderer: Prepare a separate document attached to this schedule if the proposed changes are extensive. No other deviations will be considered other than this schedule) Contract Clause No. Subject of the proposed change Proposed change Rationale for the proposed change Signed Date Name Position tenderer Page 23 of 31 23

24 Localisation Compliance Matrix Tender Schedule T2.1a -11 Local Content This represents the Local Content in South Africa. Local content is total spending minus the imported component. Tenderers must maintain records to certify imported content e.g. bill of materials, expenditure records, income statements. Localisation matrix Criteria Target (%) Proposed Target (%) Local content to South Africa 100% Skills Development Eskom intends to improve Skills Development by ensuring that technical support is directed towards enhancing supply capacity and capability within the industry or sector of operation. By doing this the capacity and competitiveness of the local supply base will be increased and the goals of shared growth, employment creation, poverty reduction and skills development will be achieved. Tenderers are encouraged to propose Skills Development initiatives in terms of the Skills required for this project as indicated in the table (matrix) below. These will form part of the contractual obligation with the successful contractor. Skills development matrix Skill type Eskom s target Tenderers proposal Trainee Supervisor/Foreman 1 Trainee SHE officer 1 Bricklayer 2 Electrician 2 The Tenderer is to provide the individuals in specified trades identified above with sufficient on the job and other skills training in the specified trade or discipline to: a. achieve the outcome of passing a trade test and qualifying as an artisan, or the equivalent for any of the required skills and accordingly to be certified to that level; or (as applicable) b. Generally be regarded, when there is no industry standard test or certification for the trade or discipline in question, as being employable in that trade or discipline. Page 24 of 31 24

25 Preference Points Claim Form in terms of the Preferential Procurement Regulations 2011 Tender Schedule T2.1a -12 This preference form must form part of all tenders invited. It contains general information and serves as a claim form for preference points for Broad-Based Black Economic Empowerment (B-BBEE) Status Level of Contribution NB: BEFORE COMPLETING THIS FORM, TENDERERS MUST STUDY THE GENERAL CONDITIONS, DEFINITIONS AND DIRECTIVES APPLICABLE IN RESPECT OF B-BBEE, AS PRESCRIBED IN THE PREFERENTIAL PROCUREMENT REGULATIONS, GENERAL CONDITIONS 1.1 The following preference point systems are applicable to all tenders: - the 80/20 system for requirements with a Rand value of up to R (all applicable taxes included); and - the 90/10 system for requirements with a Rand value above R (all applicable taxes included). 1.2 The value of this tender is estimated to exceed R (all applicable taxes included) and therefore the 90/10 system shall be applicable. 1.3 Preference points for this tender shall be awarded for: (a) (b) Price; and B-BBEE Status Level of Contribution The maximum points for this tender are allocated as follows: POINTS PRICE B-BBEE STATUS LEVEL OF CONTRIBUTION... Total points for Price and B-BBEE must not exceed Failure on the part of a tenderer to fill in and/or to sign this form and submit a B-BBEE Verification Certificate from a Verification Agency accredited by the South African Accreditation System (SANAS) or a Registered Auditor approved by the Independent Regulatory Board of Auditors (IRBA) or an Accounting Officer as contemplated in the Close Corporation Act (CCA) together with the tender, will be interpreted to mean that preference points for B-BBEE status level of contribution are not claimed The purchaser reserves the right to require of a tenderer, either before a tender is adjudicated or at any time subsequently, to substantiate any claim in regard to preferences, in any manner required by the purchaser. Page 25 of 31 25

26 2. DEFINITIONS 2..1 all applicable taxes includes value-added tax, pay as you earn, income tax, unemployment insurance fund contributions and skills development levies; 2.2 B-BBEE means broad-based black economic empowerment as defined in section 1 of the Broad - Based Black Economic Empowerment Act; 2.3 B-BBEE status level of contributor means the B-BBEE status received by a measured entity based on its overall performance using the relevant scorecard contained in the Codes of Good Practice on Black Economic Empowerment, issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act; 2.4 tender means a written offer in a prescribed or stipulated form in response to an invitation by an organ of state for the provision of services, works or goods, through price quotations, advertised competitive tendering processes or proposals; 2.5 Broad-Based Black Economic Empowerment Act means the Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003); 2.6 comparative price means the price after the factors of a non-firm price and all unconditional discounts that can be utilized have been taken into consideration; 2.7 consortium or joint venture means an association of persons for the purpose of combining their expertise, property, capital, efforts, skill and knowledge in an activity for the execution of a contract; 2.8 contract means the agreement that results from the acceptance of a tender by an organ of state; 2.9 EME means any enterprise with annual total revenue of R5 million or less Firm price means the price that is only subject to adjustments in accordance with the actual increase or decrease resulting from the change, imposition, or abolition of customs or excise duty and any other duty, levy, or tax, which, in terms of the law or regulation, is binding on the contractor and demonstrably has an influence on the price of any supplies, or the rendering costs of any service, for the execution of the contract; 2.11 functionality means the measurement according to predetermined norms, as set out in the tender documents, of a service or commodity that is designed to be practical and useful, working or operating, taking into account, among other factors, the quality, reliability, viability and durability of a service and the technical capacity and ability of a tenderer; 2.12 non-firm prices means all prices other than firm prices; 2.13 person includes a juristic person; 2.14 rand value means the total estimated value of a contract in South African currency, calculated at the time of tender invitations, and includes all applicable taxes and excise duties; 2.15 sub-contract means the primary contractor s assigning, leasing, making out work to, or employing, another person to support such primary contractor in the execution of part of a project in terms of the contract; Page 26 of 31 26

27 2.16 total revenue bears the same meaning assigned to this expression in the Codes of Good Practice on Black Economic Empowerment, issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act and promulgated in the Government Gazette on 9 February 2007; 2.17 trust means the arrangement through which the property of one person is made over or bequeathed to a trustee to administer such property for the benefit of another person; and 2.18 trustee means any person, including the founder of a trust, to whom property is bequeathed in order for such property to be administered for the benefit of another person. 3. ADJUDICATION USING A POINT SYSTEM 3.1 The tenderer obtaining the highest number of total points will be awarded the contract. 3.2 Preference points shall be calculated after prices have been brought to a comparative basis taking into account all factors of non-firm prices and all unconditional discounts;. 3.3 Points scored must be rounded off to the nearest 2 decimal places. 3.4 In the event that two or more tenders have scored equal total points, the successful tender must be the one scoring the highest number of preference points for B-BBEE. 3.5 However, when functionality is part of the evaluation process and two or more tenders have scored equal points including equal preference points for B-BBEE, the successful tender must be the one scoring the highest score for functionality. 3.6 Should two or more tenders be equal in all respects, the award shall be decided by the drawing of lots. 4. POINTS AWARDED FOR PRICE 4.1 THE 80/20 OR 90/10 PREFERENCE POINT SYSTEMS A maximum of 80 or 90 points is allocated for price on the following basis: 80/20 or 90/10 Pt P min Pt P min Ps = 80 1 or Ps = 90 1 P min P min Where Ps = Points scored for comparative price of tender under consideration Pt = Comparative price of tender under consideration Pmin = Comparative price of lowest acceptable tender Page 27 of 31 27

28 5. Points awarded for B-BBEE Status Level of Contribution 5.1 In terms of Regulation 5 (2) and 6 (2) of the Preferential Procurement Regulations, preference points must be awarded to a tenderer for attaining the B-BBEE status level of contribution in accordance with the table below: B-BBEE Status Level of Contributor Number of points (90/10 system) Number of points (80/20 system) Non-compliant contributor Tenderers who qualify as EMEs in terms of the B-BBEE Act must submit a certificate issued by an Accounting Officer as contemplated in the CCA or a Verification Agency accredited by SANAS or a Registered Auditor. Registered auditors do not need to meet the prerequisite for IRBA s approval for the purpose of conducting verification and issuing EMEs with B-BBEE Status Level Certificates. 5.3 Tenderers other than EMEs must submit their original and valid B-BBEE status level verification certificate or a certified copy thereof, substantiating their B-BBEE rating issued by a Registered Auditor approved by IRBA or a Verification Agency accredited by SANAS. 5.4 A trust, consortium or joint venture, will qualify for points for their B-BBEE status level as a legal entity, provided that the entity submits their B-BBEE status level certificate. 5.5 A trust, consortium or joint venture will qualify for points for their B-BBEE status level as an unincorporated entity, provided that the entity submits their consolidated B-BBEE scorecard as if they were a group structure and that such a consolidated B-BBEE scorecard is prepared for every separate tender. 5.6 Tertiary institutions and public entities will be required to submit their B-BBEE status level certificates in terms of the specialized scorecard contained in the B-BBEE Codes of Good Practice. 5.7 A person will not be awarded points for B-BBEE status level if it is indicated in the 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 a tenderer qualifies for, unless the intended subcontractor is an EME that has the capability and ability to execute the sub-contract. 5.8 A person awarded a contract may not sub-contract more than 25% of the value of the contract to any other Page 28 of 31 28

29 enterprise that does not have an equal or higher B-BBEE status level than the person concerned, unless the contract is sub-contracted to an EME that has the capability and ability to execute the sub-contract. 6. TENDER DECLARATION 6.1 Tenderers who claim points in respect of B-BBEE Status Level of Contribution must complete the following: 7. B-BBEE STATUS LEVEL OF CONTRIBUTION CLAIMED IN TERMS OF PARAGRAPHS AND B-BBEE Status Level of Contribution:. = (maximum of 10 or 20 points) (Points claimed in respect of paragraph 7.1 must be in accordance with the table reflected in paragraph 5.1 and must be substantiated by means of a B-BBEE certificate issued by a Verification Agency accredited by SANAS or a Registered Auditor approved by IRBA or an Accounting Officer as contemplated in the CCA). 8 SUB-ING 8.1 Will any portion of the contract be sub-contracted? YES / NO (delete which is not applicable) If yes, indicate: (i) what percentage of the contract will be subcontracted?.... % (ii) the name of the sub-contractor?.. (iii) the B-BBEE status level of the sub-contractor?.. (iv) whether the sub-contractor is an EME? YES / NO (delete which is not applicable) 9 DECLARATION WITH REGARD TO COMPANY/FIRM 9.1 Name of company/firm : VAT registration number : Company registration number :. 9.4 TYPE OF COMPANY/ FIRM Partnership/Joint Venture / Consortium One person business/sole propriety Close corporation Company (Pty) Limited [TICK APPLICABLE BOX] 9.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES Page 29 of 31 29

30 COMPANY CLASSIFICATION Manufacturer Supplier Professional service provider Other service providers, e.g. transporter, etc. [TICK APPLICABLE BOX] 9.7 Total number of years the company/firm has been in business? 9.8 I/we, the undersigned, who is / are duly authorised to do so on behalf of the company/firm, certify that the points claimed, based on the B-BBE status level of contribution indicated in paragraph 7 of the foregoing certificate, qualifies the company/ firm for the preference(s) shown and I / we acknowledge that: (i) (ii) (iii) (iv) The information furnished is true and correct; The preference points claimed are in accordance with the General Conditions as indicated in paragraph 1 of this form. In the event of a contract being awarded as a result of points claimed as shown in paragraph 7, the contractor may be required to furnish documentary proof to the satisfaction of the purchaser that the claims are correct; If the B-BBEE status level of contribution has been claimed or obtained on a fraudulent basis or any of the conditions of contract have not been fulfilled, the purchaser may, in addition to any other remedy it may have (a) disqualify the person from the tendering process; (b) (c) (d) recover costs, losses or damages it has incurred or suffered as a result of that person s conduct; cancel the contract and claim any damages which it has suffered as a result of having to make less favourable arrangements due to such cancellation; restrict the tenderer or contractor, its shareholders and directors, or only the shareholders and directors who acted on a fraudulent basis, from obtaining business from any organ of state for a period not exceeding 10 years, after the audi alteram partem (hear the other side) rule has been applied; and (e) forward the matter for criminal prosecution Page 30 of 31 30

31 WITNESSES: 1. SIGNATURE(S) OF TENDERER(S) 2. DATE:.. ADDRESS:... Page 31 of 31 31