Department of Human Settlements

DEPARTMENT OF HUMAN SETTLEMENTS

REQUEST FOR PROPOSAL

DISPOSAL OF A STATE PROPERTY:THE WESTPOINT LODGE, PORTION 81 OF ERF 10004 DURBAN, EXTENT 280.0000 SQUARE METRES LOCATED AT 131 MARGARET MNCANDI STREET, ETHEKWINIBY WAY OFA LONG TERM LEASE AGREEMENT WITH AN OPTION TO PURCHASE

BID FORMS

ZNB04/2016/17HSE

BID CHARGE OF R790.00 (NON REFUNDABLE)
Document No.______Receipt No.______

CHECKLIST

SECTIONS COMPLETED / YES / NO
SECTION A / INVITATION TO BID
Completed and signed
SECTION B / TAX CLEARANCE CERTIFICATE REQUIREMENTS
Valid Original Tax Clearance certificate attached. All bidders including all parties to JV, consortium etc. must submit valid original tax clearance certificate
SECTION C / SPECIAL INSTRUCTIONS AND NOTICES TO BIDDERS REGARDING THE COMPLETION OF BIDDING FORMS
Please read and adhere to all instructions
SECTION D / DECLARATION OF INTEREST ANNEXURE B
Completed and signed. In additional to other areas, detailed info in question 3 must be provided
SECTION E / PRICING SCHEDULE
Completed and signed
SECTION F / CERTIFICATE OF INDEPENDENT BID DETERMINATION
Completed and signed
SECTION G / OFFICIAL BRIEFING SESSION/ SITE INSPECTION CERTIFICATE
Completed and signed (original document). Departmental official has stamped and signed same in the compulsory briefing session
SECTION H / AUTHORITY TO SIGN A BID
Complete the relevant paragraph and provide the documents required e.g.:-
COMPANIES: Attach an original or certified copy of resolution by board of directors, personally signed by the chairperson, authorizing the person who signs this bid to do so…..
PARTNERSHIP: Attach Agreement signed by every partner with partner’s details as stipulated in the document. Also, provide authorized signatory details.
CLOSE CORPORATION: Copy of Founding Statement must be attached. Attach a resolution of members authorizing an official or member to sign document on behalf of the CC
CO-OPERATIVE: A certified copy of the Constitution of the co-operative must be attached to the bid. Attach a resolution of members authorizing an official of member to sign document on behalf of the co-operative
JOINT VENTURE: Attach a certified copy of JV Agreement. Attach a certified copy of resolution signed by duly authorized representative of the enterprise authorizing a representative to sign document on behalf of the JV
CONSORTIUM: Attach a certified copy of Agreement. Attach a certified copy of resolution by duly authorized representative of the enterprises authorizing a representative to sign document on behalf of the Consortium
SECTION I / DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES
Completed and signed
SECTION J / CONDITION OF BID
Completed and signed
SECTION K / SPECIFICATIONS AND SCOPE OF WORK
Read carefully and adhere
SECTION L / SPECIAL CONDITIONS OF CONTRACT
Read carefully and adhere
ANNEXURE
B / GENERAL CONDITIONS OF CONTRACT
Read carefully and adhere
NOTE SECTION O: Attach comprehensive profile which incorporates all aspects of the evaluation criteria. Specify your execution capacity and experience in detail. Provide traceable references.

TABLE OF CONTENTS

ANNEXURE
A / STANDARD BID DOCUMENTATION / SBD NO. / PAGE NO.
SECTION A / INVITATION TO BID / SBD 1 / 4
SECTION B / TAX CLEARANCE CERTIFICATE REQUIREMENTS / SBD 2 / 6
SECTION C / SPECIAL INSTRUCTIONS AND NOTICES TO BIDDERS REGARDINGTHE COMPLETION OF BIDDING FORMS / SBD 3 / 7
SECTION D / DECLARATION OF INTEREST ANNEXURE B / SBD 4 / 9
SECTION E / PRICING SCHEDULE – FIRM PRICING / SBD 7.1 / 12
SECTION F / CERTIFICATE OF INDEPENDENT BID DETERMINATION / SBD 9 / 13
SECTION G / OFFICIAL BRIEFING SESSION/ SITE INSPECTION CERTIFICATE / SBD 10 / 17
SECTION H / AUTHORITY TO SIGN A BID / SBD 11 / 18
SECTION I / DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES / SBD 12 / 23
SECTION J / CONDITION OF BID / N/A / 26
SECTION K / SPECIFICATIONS AND SCOPE OF WORK / N/A / 28
SECTION L / SPECIAL CONDITIONS OF CONTRACT / N/A / 31
ANNEXURE
B / GENERAL CONDITIONS OF CONTRACT / N/A / 38

ANNEXURE A: STANDARD BID DOCUMENTATION

SECTION A SBD1

INVITATION TO BID

YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF THE KZN DEPARTMENT OF HUMAN SETTLEMENTS

BID NUMBER: ZNB04/2016/17HSE CLOSING DATE 08JUNE 2016

CLOSING TIME: 11H00

DESCRIPTION: REQUEST FOR PROPOSAL FOR DISPOSAL OF A STATE PROPERTY: THE WESTPOINT LODGE, PORTION 81 OF ERF10004DURBAN, EXTENT 280.0000 SQUARE METRESLOCATED AT 131 MARGARET MNCANDI STREET, ETHEKWINI BY WAY OF A LONG TERM LEASE AGREEMENT WITH AN OPTION TO PURCHASE

BIDDOCUMENTSMUST BE DEPOSITED IN THE BID BOX NUMBER 18SITUATED IN THE FOYER, GROUND FLOOR:DEPARTMENT OF HUMAN SETTLEMENTS,SAMORA HOUSE

2 SAMORA MACHEL STREET (former ALIWAL STREET)DURBAN, 4001

BID ENQUIRIES:MR S. MTHEMBU 031 336 5169 MRS R. GAFFOOR 031 336 5142, MR N. NGWENYA 031 336 5157

TECHNICAL ENQUIRIES:MS B. MADIKIZELA 031 336 5226

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 HIGHEST OFFER.

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 NUMBERCODE……………NUMBER………………………………

CELLPHONE NUMBER:......

FACSIMILE NUMBERCODE ……………NUMBER…………………………………………….

E-MAIL ADDRESS…………………………………………………………………………………

VAT REGISTRATION NUMBER………………………………………..………………………….

SIGNATUREOF BIDDER………………………………………………

DATE……………………………………………………………………

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

TOTAL BID PRICEINCLUSIVE OF VAT ……………………………………………………….

______

ANY ENQUIRIES REGARDING THE BIDDING PROCEDURE MAY BE DIRECTED TO:

Department: KZN DEPARTMENT OF HUMAN SETTLEMENTS

Contact Person: MR S. MTHEMBU/ MRS R. GAFFOOR

Tel: 031 336 5169/ 031 336 5142

Fax: 031 336 5170

E-mail address: /

ANY ENQUIRIES REGARDING TECHNICAL INFORMATION MAY BE DIRECTED TO:

Contact Person:MS B. MADIKIZELA

Tel: 031 336 5226

E-mail address:

SECTION B SBD 2

TAX CLEARANCE CERTIFICATE REQUIREMENTS

It is a condition of a bid that the taxes of the successful bidder must be in order, or that

satisfactory arrangements have been made with South African Revenue Service (SARS) to

meet the bidder’s tax obligations.

1. In order to meet this requirement, bidders are required to complete in full the attached

form TCC 001 “Application for a Tax Certificate” and submit it to any SARS branch office

nationally. The Tax Clearance Certificate Requirements are also applicable to foreign

bidders/individuals who wish to submit bids.

2. SARS will then furnish the bidder with a Tax Clearance Certificate that will be valid for a

period of 1 (one) year from the date of approval. Copies of TCC 001 “Application for a

Tax Clearance Certificate” form are available from any SARS branch office nationally or

on the website

3. The original Tax Clearance Certificate must be submitted together with the bid. Failure

to submit the original and valid Tax Clearance Certificate will result in the invalidation of

the bid. Certified copies of the Tax Clearance Certificate will not be acceptable.

4. In bids where Consortia/Joint Ventures/Sub-contractors are involved, each party must

submit a separate Tax Clearance Certificate.

5. Applications for the Tax Clearance Certificates may also be made via eFiling. In order to

use this provision, taxpayers will need to register with SARS as eFilers through the

website

SECTION C SBD 3

SPECIAL INSTRUCTIONS AND NOTICES TO BIDDERS REGARDING THE

COMPLETION OF BIDDING FORMS

PLEASE NOTE THAT THIS BID IS SUBJECT TO TREASURY REGULATIONS 16A ISSUED

IN TERMS OF THE PUBLIC FINANCE MANAGEMENT ACT, 1999, THE KWAZULU-NATAL

SUPPLY CHAIN MANAGEMENT POLICY FRAMEWORK AND THE GENERAL CONDITIONS

OF CONTRACT

1. Unless inconsistent with or expressly indicated otherwise by the context, the singular shall

include the plural and visa versa and with words importing the masculine gender shall

include the feminine and the neuter.

2. Under no circumstances whatsoever may the bid forms be retyped or redrafted.

3. The bidder is advised to check the number of pages and to satisfy himself that none are

missing or duplicated.

4. Bids submitted must be accurately completed. Bidders must ensure that all

questions are answered. If questions are “not applicable”, bidders must ensure that

“N/A” is indicated in the relevant space. It is not permissible to leave blank spaces

or unanswered questions. Bidders will only be considered if the bid document is

accurately completed and accompanied by all relevant certificates and other

necessary applicable information. Original signature must appear on all relevant

Sections of the bid document. Failure to comply with same will invalidate your bid.

5. Bids shall be lodged at the address indicated not later than the closing time specified for

their receipt, and in accordance with the directives in the bid documents.

6.Each bid shall be addressed in accordance with the directives in the bid documents and shall be lodged in a separate sealed envelope, with the name and address of the bidder,

the bid number and closing date indicated on the envelope. The envelope shall not contain

documents relating to any bid other than that shown on the envelope.If this provision is not

complied with, such bids may be rejected as being invalid.

7 All bids received in sealed envelopes with the relevant bid numbers on the envelopes are

kept unopened in safe custody until the closing time of the bids.

8. A specific box is provided for the receipt of bids, and no bid found in any other box or

elsewhere subsequent to the closing date and time of bid will be considered.

9. No bid sent through the post will be considered if it is received after the closing date and

time stipulated in the bid documentation, and proof of posting will not be accepted as

proof of delivery.

10. No bid submitted by telefax, telegraphic or other electronic means will be considered.

11. Bidding documents must not be included in packages containing samples. Such bids may

be rejected as being invalid.

12. Any alteration made by the bidder must be initialed.

13. Use of correcting fluid is prohibited.

14. Bids will be opened in public as soon as practicable after the closing time of bid.

15. Where practical, prices are made public at the time of opening bids.

16. If it is desired to make more than one offer against any individual item, such offers should

be given on a photocopy of the page in question. Clear indication thereof must be stated on

the schedules attached.

17. A non-refundable cash fee of R790.00 will be charged for the bid document. Payment

must be made at cashiers office 1st floor, Samora House, Durban from 08H00 to 15H00. A receipt must be produced to the Bid Section at 5th floor, room 518 for issue of a bid document.Alternatively, the bid document can be downloaded at no cost at

18.Bid documents will be made available from 06May 2016 to 17 May 2016

19.No bid documents will be issued by the Department after 15h310 on 17 May 2016

20.Bidders must furnish original bid documents at the briefing session venue as SectionG will be endorsed by the Departmental official.

SECTION D SBD 4

ANNEXURE B

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:

…………………………………………………………………….

2.8 Did 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:

…………………………………………………………………...

2.9 Do you, or any person connected with the bidder, have YES/ 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 adjudicationof this bid?

2.10.1 If so, furnish particulars.

………………………………………………………………

2.11 Do 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?

2.11.1 If so, furnish particulars:

…………………………………………………………………………….

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

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

4DECLARATION

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

SECTION E SBD 7.1

PRICING SCHEDULE

(FIRM PRICING)

DESCRIPTION: REQUEST FOR PROPOSAL FOR DISPOSAL OF A STATE PROPERTY: THE WESTPOINT LODGE, PORTION 81 OF ERF 10004 DURBAN, EXTENT 280.0000 SQUARE METRES LOCATED AT 131 MARGARET MNCANDI STREET, ETHEKWINI BY WAY OF A LONG TERM LEASE AGREEMENT WITH AN OPTION TO PURCHASE

NAME OF BIDDER ….……………………….………………………………. BID NUMBER: ZNB04/2016/17HSE
CLOSING TIME 11:00am CLOSING DATE:08JUNE2015

OFFER TO BE VALID FOR 120 DAYS FROM THE CLOSING DATE OF BID.

______

THE BIDDER MUST CLEARLY INDICATE TOTAL LEASE AMOUNT IN SOUTH AFRICAN CURRENCY AS APPENDED HEREUNDER:

Yearly Rental / Lease Agreement / Total Lease Amount
Escalation (fixed) / Period(minimum of 10 years)
Year 1
Year 2
Year 3
Year 4
Year 5
Year 6
Year 7
Year 8
Year 9
Year 10
Total before VAT
VAT
Total after VAT

TOTAL AMOUNT IN WORDS INCLUSIVE OF VAT

………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

The above information must be used for the formulation of proposals

Maximum period required for commencement of lease after signing of lease agreement is

______Weeks

All the rates quoted should include annual escalation for the full period of the lease agreement.

Proposed lease agreement should be from a minimum of 10 year and a maximum of 99 years.

SIGNATURE: ………………………………………………

DATE: ………………………………………………………

SECTION F SBD 9

CERTIFICATE OF INDEPENDENT BID DETERMINATION

1This Standard Bidding Document (SBD) must form part of all bids¹ invited.

2Section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998, as amended, prohibits an agreement between, or concerted practice by, firms, or a decision by an association of firms, if it is between parties in a horizontal relationship and if it involves collusive bidding (or bid rigging).² Collusive bidding is a pe se prohibition meaning that it cannot be justified under any grounds.

3Treasury Regulation 16A9 prescribes that accounting officers and accounting authorities must take all reasonable steps to prevent abuse of the supply chain management system and authorizes accounting officers and accounting authorities to:

a.disregard the bid of any bidder if that bidder, or any of its directors have abused the institution’s supply chain management system and or committed fraud or any other improper conduct in relation to such system.

b.cancel a contract awarded to a supplier of goods and services if the supplier committed any corrupt or fraudulent act during the bidding process or the execution of that contract.

4This SBD serves as a certificate of declaration that would be used by institutions to ensure that, when bids are considered, reasonable steps are taken to prevent any form of bid-rigging.

5In order to give effect to the above, the attached Certificate of Bid Determination (SBD 9) must be completed and submitted with the bid:

¹ Includes price quotations, advertised competitive bids, limited bids and proposals.

² Bid rigging (or collusive bidding) occurs when businesses, that would otherwise be expected to compete, secretly conspire to raise prices or lower the quality of goods and / or services for purchasers who wish to acquire goods and / or services through a bidding process. Bid rigging is, therefore, an agreement between competitors not to compete.

CERTIFICATE OF INDEPENDENT BID DETERMINATION