Closing Date and Time

REQUEST FOR PROPOSALS FOR THE LEASE OF APPROXIMATELY 1100 M² TO 1180 M² OF OFFICE ACCOMMODATION AND A MINIMUM OF TWELVE (12) PARKING BAYS ONSITE (UNDERCOVER) OR WITHIN A CLOSE PROXIMITY OF THE PROPOSED BUILDING IN BLOEMFONTEIN CBD.
BID NUMBER : DPWFS RFP 016/2016

ADVERT DATE:

25APRIL 2016

CLOSING DATE AND TIME:

25 MAY 2016 AT 11:00 AM

COMPULSORY CLARIFICATION MEETING:

09 MAY 2016 AT 09H00, CNR ST’ ANDREW STREETAND MARKGRAFF STREET, O.R. TAMBO BUILDING,

8TH FLOOR AUDITORIUM

VALIDITY PERIOD OF THE PROPOSAL:

90 DAYS

ENQUIRIES

BIDDING PROCESS:MR. LETSHEGO TAU: 051 409 8549

TECHNICAL:MAKHORO SEETSI: 051405 7540

PUBLIC NOTICE

INVITATION TO TENDER

BID NUMBER: DPWFS RFP 016/2016

REQUEST FOR A FIRM, FIXED PRICE PROPOSAL FOR THE LEASE OF APPROXIMATELY 1100M² TO 1180M² OF OFFICE ACCOMMODATION AND A MINIMUM OF TWELVE (12) ONSITE, UNDERCOVER PARKING SPACE OR WITHIN A CLOSE PROXIMITY OF THE PROPOSED OFFICE ACCOMMODATION IN BLOEMFONTEIN CBD TO THE FREE STATE DEPARTMENT OF PUBLIC WORKS AND INFRASTRUCTURE (THE LETTABLE SPACE OF THE PROPOSED BUILDING SHOULD NOT EXCEED 10% OF THE MAXIMUM REQUIRED SPACE AS STATED ON THESE RFP)

Tenders must be deposited in the tender box situated on the Ground floor, Medfontein Building, No. 153 St’ Andrews Street, tender document(s) must be submitted by no later than 11:00 am on 25 May 2016.

Each tender must be submitted in a separate, clearly marked sealed envelope, addressed to: Supply Chain Management, Medfontein Building, 4th Floor, Room 414.

Please note that tenders, which are not submitted in a properly sealed and marked envelope and / or are not deposited in the relevant tender box and / or are deposited after the closing date and time, will not be considered. Faxed tenders will not be considered.

A compulsory site inspection will be held on with representatives from the department on 09 May starting at 09h00at the O.R. Tambo Building, Adelaide Tambo Hall. Failure to attend this clarification meeting will lead to disqualification.

The Department is not bound to accept any tender and reserves the right to accept any tender in whole or in part.

SBD 1

INVITATION TO BID

YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF THE DEPARTMENT OF PUBLIC WORKS AND INFRASTRUCTURE

BID NO: DPWFS RFP 016/2016 CLOSING DATE:25 MAY 2016 CLOSING TIME:11:00HRS

PROPOSAL MUST BE DEPOSITED IN THE BID BOX SITUATED AT:

Supply Chain Management

Medfontein Building, Ground Floor

St. Andrew Street, Bloemfontein

Bidders should ensure that bids are delivered timeously to the correct address. If the bid is late, it will not be accepted for consideration.

The bid box is generally open 24 hours a day, 7 days a week.

ALL BIDS MUST BE SUBMITTED ON THE OFFICIAL FORMS – (NOT TO BE RE-TYPED)

THIS BID IS SUBJECT TO THE GENERAL CONDITIONS OF CONTRACT (GCC)AND, IF APPLICABLE, ANY OTHER SPECIAL CONDITIONS OF CONTRACT

THE FOLLOWING PARTICULARS MUST BE FURNISHED
(FAILURE TO DO SO MAY RESULT IN YOUR BID BEING DISQUALIFIED)

NAME OF BIDDER: …………………………………………………………………………………………..

POSTAL ADDRESS: ………………………………………………………………………………………….

…………………………………………………………………………………………

STREET ADDRESS: ………………………………………………………………………………………..

………………………………………………………………………………………..

TELEPHONE NUMBER: CODE: ………. NUMBER: …..……………………………….……………....

CELL PHONE NUMBER: ……………………………………………………………………………………..

FACSIMILE NUMBER:CODE: ………… NUMBER: ……………………………………………………

VAT REGISTRATION NUMBER: ……………………………………………………………………………

HAS A TAX CLEARANCE CERTIFICATE BEEN SUBMITTED (SBD 2) YES/NO

ARE YOU THE ACCREDITED REPRESENTATIVE YES/NO

IN SOUTH AFRICA FOR THE GOODS/SERVICES OFFERED BY YOU? (IF YES ENCLOSE PROOF)

SIGNATURE OF BIDDER: …………………………………………………… DATE: ……………………

CAPACITY UNDER WHICH THIS BID IS SIGNED: ……………………………………………………….

TOTAL BID PRICE R ……………………………………………… (IN WORDS) …………………………..

…………………………………………………………………………………………… (VAT INCLUSIVE)

NB: COMPLETION OF THIS FORM IS COMPULSORY (TOTAL BID PRICE MUST BE WRITTEN ON THIS FORM FAILURE TO THIS REQUIREMENT WILL LEAD TO DISQUALIFICATION)

CONTENTS

SECTION 1: ______RETURNABLE DOCUMENTS

SECTION 2: ______TERMS OF REFERENCE

SECTION 3: ______BID OFFER

SECTION 1: RETURNABLE DOCUMENTS

Responsiveness Criteria

The tenderer must submit to the following mandatory documents:

Attendance of the Mandatory clarification meeting the details of which are listed in the Tender Notice and Invitation.

Submit an original valid Tax Clearance Certificate* issued by the South African Revenue Services (where Consortium / Joint Venture / Sub-contractors are involved, each party to the association must submit a separate Original Valid Tax Clearance Certificate). *Note: Tax clearance for Good Standing will NOT be accepted.

Original or Certified proof of entity ownership registration (Deeds Registration for the building); Sales Agreement if the building is exchanging hands and Certified copies of Director’s Identity Documents and/or offer to purchase in the name of the Bidder.

The building must be within the geographical boundaries specified in the bid document.

The size of the accommodation offered may not be less than the lettable area specified in the bid documentation.

Supply municipal services (water, sanitation, rates and electricity) clearance certificate or Lease Agreement with a Current Bill of Account not owing more than thirty (90) days.

Adherence to the mandatory requirements as listed in section 2 of this document.

Returnable Documents

Returnable Documents will be used for tender evaluation purposes and be incorporated into the contract

The tenderer must return the following returnable documents legibly completed and signed in FULL.

1.Resolution of Board of Directors

2.Resolution of Board of Directors to enter into Consortia Or Joint Ventures (in case of Joint Venture or Consortia)

3.Special Resolution of Consortia or Joint Ventures.

4.B-BBEE Certificate issued by a South African National Accreditation System (SANAS) or Auditors approved and registered by the Independent Regulatory Board of Auditors (IRBA), where Consortium / Joint Venture are involved Bidders are to hand in their consolidated B-BBEE certificates.

5.Standard Bidding Document 1 (SBD 1) – Invitation to Bid

6.Standard Bidding Document 2 (SBD 2) – Application for Tax Clearance Certificate

7.Standard Bidding Document 4 (SBD 4) – Declaration of Interest

8.Standard Bidding a Document 6.1 (SBD 6.1) – Preference points claim form in terms of the Preferential Procurement Regulations 2011.

9.Standard Bidding Document 8 (SBD 8) – Declaration of Bidder’s Past Supply Chain Management Practices.

10.Standard Bidding Document 9 (SBD 9) - Certificate of Independent Bid Determination

LIST OF RETURNABLE DOCUMENTS

1.THE BIDDER MUST COMPLETE THE FOLLOWING RETURNABLE DOCUMENTS:

Bid Document Name: / Number of Pages: / Returnable document:
Resolution of Board of Directors / 1 Pages
Resolution of Board of Directors to enter into Consortia or JV / 2 Pages
Special Resolution of Consortia or Joint Venture / 3 Pages
SBD 1: Invitation to Bid / 1Pages
SDB 2: Application for Tax Clearance Certificate / 2 Pages
SBD 4: Declaration of Interest / 4 Pages
SBD 6.1: Preference Points Claim Form in terms of the PPR 2011 / 6 Pages
SBD8: Declaration of Bidder’s Past Supply Chain Management Practice / 2 Pages
SBD 9: Certificate of Independent Bid Documentation / 4 Pages
Pages
Pages
Pages
Pages
Pages
Name of Bidder / Signature / Date

RESOLUTION OF BOARD OF DIRECTORS

RESOLUTIONof ameetingof theBoardof *Directors/Members/Partnersof:

(legallycorrectfullnameandregistrationnumber,ifapplicable,ofthe Enterprise)

Heldat (place)

on (date)

RESOLVEDthat:

1TheEnterprisesubmitsaTendertotheDepartmentof Public Works and Infrastructure, Free State Province inrespectof thefollowingproject:

(projectdescription asper Tender Document)

TenderNumber: (TenderNumberas perTenderDocument)

2*Mr/Mrs/Ms:

in*his/herCapacityas: (PositionintheEnterprise)

andwhowillsignasfollows:

be,andishereby,authorised tosigntheTender,andany andallotherdocumentsand/or correspondence inconnectionwithandrelatingtotheTender,aswellastosignanyContract,andany andalldocumentation,resultingfrom theawardof theTendertotheEnterprisementionedabove.

Name / Capacity / Signature
1
2
3
4
5
6
7
8

Note:ENTERPRISESTAMP

1.*Delete which isnotapplicable.

2.NB.Thisresolutionmustbesignedbyall theDirectors/Members/Partnersof the Tendering Enterprise.

RESOLUTION OF BOARD OF DIRECTORSTOENTER INTO CONSORTIAOR JOINT VENTURES

RESOLUTIONof ameetingof theBoardof *Directors/Members/Partnersof:

(Legallycorrectfullnameandregistrationnumber,ifapplicable,ofthe Enterprise)

heldat (place) on (date) RESOLVEDthat:

1 TheEnterprisesubmitsaTender,inconsortium/jointventurewiththefollowingEnterprises:

(Listallthelegallycorrectfullnamesandregistration numbers,ifapplicable,ofthe Enterprisesforming theconsortium/joint venture)

totheDepartmentof Public Works and Infrastructure, Free State Province inrespectof thefollowingproject:

(Projectdescriptionasper TenderDocument)

TenderNumber: (Tender Number asper Tender Document)

2 *Mr/Mrs/Ms:

in*his/herCapacityas: (Positionin the Enterprise)

andwhowillsignasfollows:

be,andishereby,authorisedtosignaconsortium/joint ventureagreementwiththepartieslistedunder item1above,andany andallotherdocuments and/orcorrespondenceinconnectionwithandrelatingto theconsortium/jointventure,inrespectof theprojectdescribedunderitem 1above.

3 TheEnterpriseacceptjointandseveralliabilitywiththepartieslistedunderitem1aboveforthedue fulfilmentoftheobligationsofthe jointventurederivingfrom, andin anywayconnectedwith,theContractto beenteredintowiththeDepartmentinrespectoftheprojectdescribedunderitem1above.

4 TheEnterprisechoose asitsdomiciliumcitandi etexecutandiforallpurposes arising fromthisjointventure agreementandtheContractwiththeDepartmentinrespectoftheprojectunderitem1above:

Physicaladdress:

(code)

PostalAddress:

(code)

Telephonenumber:

Faxnumber:

Name / Capacity / Signature
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15

Note:ENTERPRISESTAMP

1.* Delete whichisnotapplicable.

2.NB.Thisresolutionmustbesignedbyall theDirectors/Members/Partnersof the Tendering Enterprise.

3.Should the number of Directors / Members/Partnersexceed the space available above, additional names, capacityand signaturesmustbe supplied ona separatepage.

SPECIAL RESOLUTION OF CONSORTIAOR JOINT VENTURES

RESOLUTIONofameetingofthedulyauthorisedrepresentatives ofthefollowinglegalentitieswhohave entered intoaconsortium/jointventuretojointlytenderfortheprojectmentionedbelow:(legallycorrectfullnames andregistrationnumbers,ifapplicable,ofthe Enterprisesforminga consortium/jointventure)

Heldat (place)

on (date)

RESOLVEDthat:

A. Theabove-mentionedEnterprisessubmitatender inconsortium/jointventuretotheDepartmentofPublic and Infrastructure Works, Free State Province inrespectof thefollowingproject:

(Projectdescriptionasper TenderDocument)

TenderNumber: (Tender Number asper Tender Document)

B. Mr/Mrs/Ms:

in*his/herCapacityas: (Positionin the Enterprise)

andwhowillsignasfollows:

be,and ishereby,authorisedto signthetender,andanyandallotherdocumentsand/orcorrespondence inconnectionwithandrelatingtothetender,aswellastosignany Contract,andany andall documentation,resultingfromtheawardofthetendertotheEnterprisesinconsortium/jointventure mentionedabove.

C. TheEnterprisesconstitutingtheconsortium/jointventure,notwithstandingitscomposition,shallconduct allbusinessunderthenameandstyleof:

D. TheEnterprisestotheconsortium/jointventureacceptjointandseveralliabilityfortheduefulfilmentof theobligationsofthe consortium/jointventurederivingfrom,andinanywayconnectedwith,theContract enteredintowiththeDepartmentinrespectof theprojectdescribedunderitem Aabove.

E. AnyoftheEnterprises totheconsortium/jointventureintendingtoterminatetheconsortium/jointventure agreement, forwhateverreason,shallgivetheDepartment 30dayswrittennoticeofsuchintention. Notwithstandingsuchdecisiontoterminate,theEnterprisesshallremainjointlyand severallyliabletothe Departmentfortheduefulfilmentoftheobligationsoftheconsortium/joint ventureasmentionedunder item Dabove.

F. NoEnterprisetotheconsortium/joint ventureshall,withoutthepriorwrittenconsentoftheother Enterprisestotheconsortium/jointventureandoftheDepartment,cedeanyofitsrightsorassign anyof itsobligationsundertheconsortium/joint ventureagreementinrelationtotheContractwiththe Departmentreferredtoherein.

G. TheEnterpriseschooseasthedomiciliumcitandietexecutandioftheconsortium/jointventureforall purposesarisingfromtheconsortium/joint ventureagreementandtheContractwiththeDepartmentin respectof theprojectunderitem Aabove:

Physicaladdress:

(code)

PostalAddress:

(code)

Telephonenumber:

SBD 2

-2-

1.APPLICATION FOR TAX CLEARANCE CERTIFICATE

(IN RESPECT OF BIDDERS)

1.Name of taxpayer / bidder: …………………………………………………………………………………

2.Trade name: ………………………………………………………………………………….

3. Identification number: .…………………………………………………………………………………

4.Company / Close Corporation registration number:…………….……………………………………..……...

5.Income tax reference number:………………………………………………………………………..……………

6.VAT registration number (if applicable): ……………………………………………………………..……………

7.PAYE employer’s registration number (if applicable): ……………………………………………………..…..

Signature of contact person requiring Tax Clearance Certificate:

Name:……………………………………………………………………………………………………

Telephone number : Code: ………… Number: …………………………………………………………

(1)Adress…………………………………………………………………………………………………………………………………….……………………………….……………………………………………………………………………….…………………………………………………….…………………..

DATE: 20……/……./………

NOTE THAT THE COMMISSIONER FOR THE SOUTH AFRICAN REVENUE SERVICE (SARS) WILL NOT EXERCISE HIS DISCRETIONARY POWERS IN FAVOUR OF ANY PERSON WITH REGARD TO ANY INTEREST, PENALTIES AND / OR ADDITIONAL TAX LEVIABLE DUE TO THE LATE OR UNDER PAYMENT OF TAXES, DUTIES OR LEVIES OR THE RENDITION RETURNS BY ANY PERSON AS A RESULT OF ANY SYSTEM NOT BEING YEAR 2000 COMPLIANT

SBD 4

DECLARATION OF INTEREST

1.Any legal person, including persons employed by the state¹, or persons having a kinship with persons employed by the state, including a blood relationship, may make an offer or offers in terms of this invitation to bid (includes a price quotation, advertised competitive bid, limited bid or proposal). In view of possible allegations of favouritism, should the resulting bid, or part thereof, be awarded to persons employed by the state, or to persons connected with or related to them, it is required that the bidder or his/her authorised representative declare his/her positionin relation to the evaluating/adjudicating authority where-

-the bidder is employed by the state; and/or

-the legal person on whose behalf the bidding document is signed, has a relationship with persons/a person who are/is involved in the evaluation and or adjudication of the bid(s), or where it is known that such a relationship exists between the person or persons for or on whose behalf the declarant acts and persons who are involved with the evaluation and or adjudication of the bid.

2.In order to give effect to the above, the following questionnaire must be completed and submitted with the bid.

2.1Full Name of bidder or his or her representative: ………………………………………………………….

2.2Identity Number: …………………………………………………………………………………………………

2.3Position occupied in the Company (director, trustee, shareholder²): ……………………………………..

2.4Company Registration Number: ………………………………………………………………………..…….

2.5Tax Reference Number: ………………………………………………………………………………….………

2.6VAT Registration Number: ………………………………………………………………………………....

2.6.1The names of all directors / trustees / shareholders / members, their individual identity numbers, tax reference numbers and, if applicable, employee / persal numbers must be indicated in paragraph 3 below.

¹“State” means –

(a)any national or provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance Management Act, 1999 (Act No. 1 of 1999);

(b)any municipality or municipal entity;

(c)provincial legislature;

(d)national Assembly or the national Council of provinces; or

(e)Parliament.

²”Shareholder” means a person who owns shares in the company and is actively involved in the management of the enterprise or business and exercises control over the enterprise.

2.7 Are you or any person connected with the bidder YES / NO

presently employed by the state?

2.7.1If so, furnish the following particulars:

Name of person / director / trustee / shareholder/ member: ……....………………………………

Name of state institution at which you or the person connected to the bidder is employed : ………………………………………

Position occupied in the state institution: ………………………………………

Any other particulars:

………………………………………………………………

2.7.2If you are presently employed by the state, did you obtainYES / NO

the appropriate authority to undertake remunerative

work outside employment in the public sector?

2.7.2.1If yes, did you attached proof of such authority to the bidYES / NO

document?

(Note: Failure to submit proof of such authority, where

applicable, may result in the disqualification of the bid.

2.7.2.2If no, furnish reasons for non-submission of such proof:

…………………………………………………………………….

2.8Did you or your spouse, or any of the company’s directors / YES / NO

trustees / shareholders / members or their spouses conduct

business with the state in the previous twelve months?

2.8.1If so, furnish particulars:

…………………………………………………………………..

…………………………………………………………………...

2.9Do you, or any person connected with the bidder, haveYES / NO

any relationship (family, friend, other) with a person

employed by thestate and who may be involved with

the evaluation and or adjudication of this bid?

2.9.1 If so, furnish particulars.

……………………………………………………………...

…………………………………………………………..….

………………………………………………………………

2.10 Are you, or any person connected with the bidder,YES/NO

aware of any relationship (family, friend, other) between

any other bidder and any person employed by the state

who may be involved with the evaluation and or adjudication

of this bid?

2.10.1If so, furnish particulars.

………………………………………………………………

2.11Do you or any of the directors / trustees / shareholders / members YES/NO

of the company have any interest in any other related companies

whether or not they are bidding for this contract?

2.11.1If so, furnish particulars:

…………………………………………………………………………….

3Full details of directors / trustees / members / shareholders.

Full Name / Identity Number / Personal Tax Reference Number / State Employee Number / Persal Number

1.DECLARATION

I, THE UNDERSIGNED (NAME)…………………………………………………………………… CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPHS 2 and 3 ABOVE IS CORRECT. I ACCEPT THAT THE STATE MAY REJECT THE BID OR ACT AGAINST ME IN TERMS OF PARAGRAPH 23 OF THE GENERAL CONDITIONS OF CONTRACT SHOULD THIS DECLARATION PROVE TO BE FALSE.

………………………………….. ..……………………………………………

Signature Date

………………………………….………………………………………………

Position Name of bidder

SBD 6.1

PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT REGULATIONS 2011

This preference form must form part of all bids invited. It contains general information and serves as a claim form for preference points for Broad-Based Black Economic Empowerment (B-BBEE) Status Level of Contribution

NB:BEFORE COMPLETING THIS FORM, BIDDERS MUST STUDY THE GENERAL CONDITIONS, DEFINITIONS AND DIRECTIVES APPLICABLE IN RESPECT OF B-BBEE, AS PRESCRIBED IN THE PREFERENTIAL PROCUREMENT REGULATIONS, 2011.

GENERAL CONDITIONS

1.1The following preference point systems are applicable to all bids:

-the 80/20 system for requirements with a Rand value of up to R1 000 000 (all applicable taxes included); and

-the 90/10 system for requirements with a Rand value above R1 000 000 (all applicable taxes included).

1.2The value of this bid is estimated to exceed R1 000 000 (all applicable taxes included) and therefore the 90/10 system shall be applicable.

1.3Preference points for this bid shall be awarded for:

(a)Price; and

(b)B-BBEE Status Level of Contribution.

1.3.1The maximum points for this bid are allocated as follows:

POINTS

1.3.1.1PRICE 90

1.3.1.2B-BBEE STATUS LEVEL OF CONTRIBUTION 10

Total points for Price and B-BBEE must not exceed100

1.4Failure on the part of a bidder 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 bid, will be interpreted to mean that preference points for B-BBEE status level of contribution are not claimed.

1.5.The purchaser reserves the right to require of a bidder, either before a bid is adjudicated or at any time subsequently, to substantiate any claim in regard to preferences, in any manner required by the purchaser.

2.DEFINITIONS

2..1 “all applicable taxes” includes value-added tax, pay as you earn, income tax, unemployment

Insurance fund contributions and skills development levies;

2.2“B-BBEE” means broad-based black economic empowerment as defined in section 1 of the Broad

-Based Black Economic Empowerment Act;

2.3 “B-BBEE status level of contributor” means the B-BBEE status received by a measured entity

Based on its overall performance using the relevant scorecard contained in the Codes of Good

Practice on Black Economic Empowerment, issued in terms of section 9(1) of the

Broad-Based Black Economic Empowerment Act;

2.4“bid” means a written offer in a prescribed or stipulated form in response to an invitation by an

organ of state for the provision of services, works or goods, through price quotations, advertised

competitive bidding processes or proposals;

2.5“Broad-Based Black Economic Empowerment Act” means the Broad-Based Black Economic

Empowerment Act, 2003 (Act No. 53 of 2003);

2.6“comparative price” means the price after the factors of a non-firm price and all unconditional

discounts that can be utilized have been taken into consideration;

2.7“consortium or joint venture” means an association of persons for the purpose of combining their

expertise, property, capital, efforts, skill and knowledge in an activity for the execution of a contract;

2.8“contract” means the agreement that results from the acceptance of a bid by an organ of state;

2.9“EME” means any enterprise with an annual total revenue of R5 million or less .

2.10“Firm price” means the price that is only subject to adjustments in accordance with the actual increase or decrease resulting from the change, imposition, or abolition of customs or excise duty and any other duty, levy, or tax, which, in terms of the law or regulation, is binding on the contractor and demonstrably has an influence on the price of any supplies, or the rendering costs of any service, for the execution of the contract;