ETHEKWINIMUNICIPALITY
DURBAN CENTRAL BEACHFRONT
RETURNABLE DOCUMENTS
DAIRYBEACH RESTAURANT
CONTRACT No : SPU2010/B09RevA
Issued by :
STRATEGIC PROJECTS UNIT
LORAM HOUSE
70 MASABALALA YENGWA AVENUE
DURBAN
4001Date of Issue : 22 November 2010
NAME OF TENDERER : ......
PART T2: RETURNABLE DOCUMENTS
T2.1RETURNABLE SCHEDULES, FORMS AND CERTIFICATES
T2.1.1General
T2.1.2Basic Information for Acceptance of Tender
T2.1.2.1Form of Offer
T2.1.2.2Rental Structure
T2.1.2.3Certificate of Authority
T2.1.2.4Record of Addenda
T2.1.2.5Amendments, Qualifications and Alternatives
T2.1.2.6Declaration of Interest
T2.1.2.7Compulsory Enterprise Questionnaire
T2.1.2.8Tax Clearance Certificate
T2.1.2.9Joint Venture Agreements
T2.1.2.10Proof of Registration
T2.1.2.11Financial
T2.1.2.12Declaration of Municipal Fees
T2.1.2.13Declaration in terms of clause 44 of the Supply Chain
Management Regulations
T2.1.2.14Declaration of close family members of persons in the
Service of the state
T2.1.3Quality Evaluation Schedulesand Certificates
T2.1.3.1Tenderer’s Experience
T2.1.3.2Proposal
T2.1.4Preferencing Schedules
T2.1 : RETURNABLE SCHEDULES, FORMS, AND CERTIFICATES
T2.1.1General
The Tender Document must be submitted as a whole. All forms must be properly completed as required, and the document shall not be taken apart or altered in any way whatsoever.
The Tenderer is required to complete each and every Schedule and Form to the best of his ability as the evaluation of tenders and the eventual contract will be based on the information provided by the Tenderer. Failure of a Tenderer to complete the Schedules and Forms to the satisfaction of the Employer will inevitably prejudice the tender and may lead to rejection on the grounds that the tender is not responsive.
T2.1.2BASIC INFORMATION FOR ACCEPTANCE OF TENDER
T2.1.2.1 : FORM OF OFFER
The Employer, The eThekwini Municipality, has solicited offers to enter into a contract in respect of the following :
Contract No: SPU2010/B09RevA
for the Lease ContractofDairy Beach Restaurant,Durban Central Beachfront
The Tenderer, …………………………………………………………………………………………………, has examined the documents listed in the Tender Data and addenda thereto as listed in the Tender Schedules, and by submitting this Offer has accepted the Conditions of Tender.
By the representative of the Tenderer, deemed to be duly authorised, signing this Form of Offer, the Tenderer offers to perform all of the obligations and liabilities of the Services Provider under the Contract including compliance with all its terms and conditions according to their true intent and meaning for an amount to be determined in accordance with the Conditions of Contract identified in the Contract Data.
The Rental offer inclusive of Value Added Tax is:
1)(a)Total Monthly Ground Floor Rental Amount R......
(Inwords………...... )
and/or
1)(b)Total Monthly First Floor Rental Amount R......
(Inwords………...... )
NOTE: Where Offers are made for both ground and first floor levels please indicate here whether the Municipality may consider the Offers as standalone Offers or as to whether they may only be considered jointly, as a single Offer for the lease of the both ground and first floor levels.Standalone / Yes / No / Delete whichever is not applicable
2)Forecasted Gross Monthly Turnover R…………………x …………….% = R……………………..
(Inwords……………........ )
Signature:(of person authorized to sign the tender):………………………………………………….
Name:(of signatory in capitals):………………………………………………….
Capacity:(of Signatory):………………………………………………….
Name of Tenderer:(organisation):………………………………………………….
Address:………………………………………………………………………………………..
Telephone number:...... Fax number: ......
Witness:
Signature:......
Name:(in capitals): ......
Date:......
Note : Failure of a Tenderer to fully complete and sign this form will invalidate the tender
T2.1.2.2 : RENTAL STRUCTURE
Tenderer to complete and fill in rental offer below (all prices to include V.A.T.):
1)Basic Rental
Accommodation / Monthly Rental per m2 (Rands) / Lease area (m2) / Total (Rands)Ground Floor / 238
Ground Floor Open Seating / 325
TOTAL BASIC GROUND FLOOR RENTAL (RANDS)
1st Floor / 275
1st Floor Open Seating / 137
TOTAL BASIC FIRST FLOOR RENTAL (RANDS)
TOTAL BASIC RENTAL (RANDS)
Refer to Floor Plans, Appendix B
2)Rental based on Percentage of Gross Monthly Income
Percentage of Gross Monthly Income (%) / Forecasted Gross Monthly Turnover (Rands) / Total (Rands)The rental payable is the greater of either the sum of the basic monthly amount payable or a percentage of the gross monthly income derived from all activities conducted on or from the premises.
The percentage of gross annual income offered by tenderers shall not be lower than five percent (5%)
The evaluation and scoring of the financial offers made will be weighted as follows:
80% of Monthly rental
20% of Turnover percentage
Escalation of 8% per annum compounded will be applicable from 1 July 2012 as per clause 1.7 in the lease agreement.
SIGNATURE : ...... DATE:......
(of person authorised to sign on behalf of the Tenderer)
T2.1.2.3 : CERTIFICATE OF AUTHORITY
Indicate the status of the tenderer by ticking the appropriate box hereunder. The tenderer must complete the certificate set out below for the relevant category.
(I)COMPANY / (II)
CLOSE CORPORATION / (III)
PARTNERSHIP / (IV)
JOINT VENTURE / (V)
SOLE PROPRIETOR
(I)CERTIFICATE FOR COMPANY
I, ...... , chairperson of the Board of Directors of ...... , hereby confirm that by resolution of the Board (copy attached) taken on ...... 20...... , Mr/Ms ...... , acting in the capacity of ...... …..., was authorised to sign all documents in connection with this tender and any contract resulting from it on behalf of the company.
Chairman :......
Date :......
As Witnesses : 1...... 2......
(II)CERTIFICATE FOR CLOSE CORPORATION
We, the undersigned, being the key members in the business trading as......
...... hereby authorise Mr/Ms ...... ,
acting in the capacity of ...... , to sign all documents in connectionwith the tender for Contract No...... and any contract resulting from it on our behalf.
NAME / ADDRESS / SIGNATURE / DATENote :This certificate is to be completed and signed by all of the key members upon whom rests the direction of the affairs of the Close Corporation as a whole.
(III)CERTIFICATE FOR PARTNERSHIP
We, the undersigned, being the key partners in the business trading as......
...... hereby authorise Mr/Ms ...... ,acting in the capacity of ...... , to sign all documents in connectionwith the tender for Contract No...... and any contract resulting from it on our behalf.
NAME / ADDRESS / SIGNATURE / DATENote :This certificate is to be completed and signed by all of the key partners upon whom rests the direction of the affairs of the Partnership as a whole.
(IV)CERTIFICATE FOR JOINT VENTURE
We, the undersigned, are submitting this tender offer in Joint Venture and hereby authorize
Mr/Ms ...... , authorized signatory of the company, ......
...... acting in the capacity of lead partner, to sign all documents inconnection with the tender offer for Contract No ...... and any contract resulting from it on our behalf.
This authorization is evidenced by the attached power of attorney signed by legally authorized signatories of all the partners to the Joint Venture.
NAME / ADDRESS / SIGNATURE / DATENote :This certificate is to be completed and signed by all of the key partners upon whom rests the direction of the affairs of the Partnership as a whole.
(V)CERTIFICATE FOR SOLE PROPRIETOR
I, ...... , hereby confirm that I am the sole ownerof the business trading as ......
Signature of Sole owner :......
Date :......
As Witnesses :1...... 2......
T2.1.2.4 : RECORD OF ADDENDA TO TENDER DOCUMENTS
I / We confirm that the following communications received from the Employer or his representative before the date of submission of this tender offer, amending the tender documents, have been taken into account in this tender offer.
ADD.No / DATE / TITLE OR DETAILS1
2
3
4
5
SIGNATURE : ...... DATE:......
(of person authorised to sign on behalf of the Tenderer)
T2.1.2.5 : AMENDMENTS, QUALIFICATIONS AND ALTERNATIVES
(This is not an invitation for amendments, deviations or alternatives but should the Tenderer, desire to make any departures from the provisions of this contract he shall set out his proposals clearly hereunder. The Employer will not consider any amendment, alternative offers or discounts unless forms (a), (b) and (c) have been completed to the satisfaction of the Employer.
I / We herewith propose the amendments, alternatives and discounts as set out in the tables below:
(a)AMENDMENTS
PAGE, CLAUSE ORITEM NO / PROPOSED AMENDMENT
[Notes:(1)Amendments to the General and Special Conditions of Contract are not acceptable;
(2)The Tenderer must give full details of all the financial implications of the amendments and qualifications in a covering letter attached to his tender.
(b)ALTERNATIVES
PROPOSED ALTERNATIVE / DESCRIPTION OF ALTERNATIVE[Notes: (1)Individual alternative items that do not justify an alternative tender, and an alternative offer for time for completion should be listed here.
(2)In the case of a major alternative to any part of the work, a separate Pricing Schedule, programme, etc, and a detailed statement setting out the salient features of the proposed alternatives must accompany the tender.
(3)Alternative tenders involving technical modifications to the design of the works and methods of construction shall be treated separately from the main tender offer.]
SIGNATURE : ...... DATE: ......
(of person authorised to sign on behalf of the Tenderer)
T2.1.2.6 : DECLARATION OF INTEREST
1.Any legal person, including persons employed by the principal, or person having a kinship with persons employed by the principal, including blood relationship, may make an offer or offers in terms of this invitation to bid. In view of possible allegations of favouritism, should the resulting bid, or part thereof, be awarded to persons employed by the principal, or to persons connected with or related to them, it is required that the bidder or his / her authorised representative declare his / her position in relation to the evaluating / adjudicating authority and / or take an oath declaring his / her interest, where -
●the bidder is employed by the principal; and / or
●the legal person on whose behalf the bidding document is signed, has a relationship with persons / a person who are / is involved in the evaluation and or adjudication of the bid(s), or where it is known that such a relationship exists between the person or persons for or on whose behalf the declarant acts and persons who are involved with the evaluation and or adjudication of the bid.
2.In order to give effect to the above, the following questionnaire must be completed and submitted with the bid.
2.1Are you or any person connected with the bidder, employed by the principal?..(Yes / No)
2.1.1If so, state particulars ......
......
......
2.2Do you, or any person connected with the bidder, have any relationship...... (Yes / No)
(family, friend, other) with a person employed by the principal and who may
be involved with the evaluation and or adjudication of this bid?
2.2.1If so, state particulars ......
......
......
2.3Are you, or any person connected with the bidder, aware of any relationship...(Yes / No)
(family, friend, other) between the bidder and any person employed by the
principal who may be involved with the evaluation and or adjudication of this bid?
2.3.1If so, state particulars If so, state particulars ......
......
......
I, THE UNDERSIGNED (NAME) ...... CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPHS 2.1 TO 2.3.1 ABOVE IS CORRECT. I ACCEPT THAT THE PRINCIPAL MAY ACT AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE.
SIGNATURE : ...... DATE: ......
(of person authorised to sign on behalf of the Tenderer)
T2.1.2.7 : COMPULSORY ENTERPRISE QUESTIONNAIRE
The following particulars must be furnished. In the case of a joint venture, separate enterprise questionnaires in respect of each partner must be completed and submitted.Section 1: Name of enterprise:………………………………………………………………………………
Section 2: VAT registration number, if any:……………………………………………………………….
Section 3: CIDB registration number, if any:………………………………………………………………
Section 4: Particulars of sole proprietors and partners in partnerships
Name* / Identity number* / Personal income tax number*
* Complete only if sole proprietor or partnership and attach separate page if more than 3 partners
Section 5: Particulars of companies and close corporations
Company registration number…………………………………………………………………………………
Close corporation number……………………………………………………………………………………..
Tax reference number………………………………………………………………………………………….
Section 6: Record in the service of the state
Indicate by marking the relevant boxes with a cross, if any sole proprietor, partner in a partnership or director, manager, principal shareholder or stakeholder in a company or close corporation is currently or has been within the last 12 months in the service of any of the following:
a member of any municipal council
a member of any provincial legislature
a member of the National Assembly or the National Council of Province
a member of the board of directors of any municipal entity
an official of any municipality or municipal entity
an employee of any provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance Management Act, 1999 (Act 1 of 1999)
a member of an accounting authority of any national or provincial public entity
an employee of Parliament or a provincial legislature
If any of the above boxes are marked, disclose the following:
Name of sole proprietor, partner, director, manager, principal shareholder or stakeholder / Name of institution, public office, board or organ of state and position held / Status of service
(tick appropriate column)
Current / Within last 12 months
*insert separate page if necessary
Section 7: Record of spouses, children and parents in the service of the state
Indicate by marking the relevant boxes with a cross, if any spouse, child or parent of a sole proprietor, partner in a partnership or director, manager, principal shareholder or stakeholder in a company or close corporation is currently or has been within the last 12 months been in the service of any of the following:
a member of any municipal council
a member of any provincial legislature
a member of the National Assembly or the National Council of Province
a member of the board of directors of any municipal entity
an official of any municipality or municipal entity
an employee of any provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance Management Act, 1999 (Act 1 of 1999)
a member of an accounting authority of any national or provincial public entity
an employee of Parliament or a provincial legislature
Name of spouse, child or parent / Name of institution, public office, board or organ of state and position held / Status of service (tick appropriate column)
Current / Within last 12 months
*insert separate page if necessary
The undersigned, who warrants that he/she is duly authorized to do so on behalf of the enterprise:
i) authorizes the Employer to obtain a tax clearance certificate from the South African Revenue Services that my / our tax matters are in order;
ii) confirms that neither the name of the enterprise or the name of any partner, manager, director or other person, who wholly or partly exercises, or may exercise, control over the enterprise appears on the Register of Tender Defaulters established in terms of the Prevention and Combating of Corrupt Activities of 2004;
iii) confirms that no partner, member, director or other person, who wholly or partly exercises, or may exercise, control over the enterprise appears, has within the last five years been convicted of fraud or corruption;
iv) confirms that I / we are not associated, linked or involved with any other tendering entities submitting tender offers and have no other relationship with any of the tenderers or t hose responsible for compiling the scope of work that could cause or be interpreted as a conflict of interest; and
v) confirms that the contents of this questionnaire are within my personal knowledge and are to the best of my belief both true and correct.
Signed / Date
Name / Position
Enterprise name
T2.1.2.8 : TAX CLEARANCE CERTIFICATE
The Tax Clearance Certificate obtained from SARS to be inserted here if available at time of tender submission. If not available at time of tender submission the Tenderer is to apply to SARS using Form TCC 001 : “Application Form for Tax Clearance Certificate in Respect of Tenders” available on the internet at .
T2.1.2.9 : JOINT VENTURE AGREEMENTS (if applicable)
Joint Venture agreement and Power of Attorney Agreements to be attached here.
T2.1.2.10 : VALID PROOF OF REGISTRATION WITH APPLICABLE ASSOCIATIONS
Tenderers are to provide proof of registration / membership with the following:
a)Proof of ownership of franchise if applicable
Attach the Certificates of Registration here.
T2.1.2.11: FINANCIALS
T2.1.2.11.1 : FINANCIAL STATEMENTS
The Tenderer is to provide audited and approved financial statements for the last 3 financial years.
Insert financial statements here.
T2.1.2.11.2 : BANKER’S LETTER OF GOOD STANDING
The Tenderer is to provide a banker’s letter of good standing on the bank’s official letterhead.
Insert banker’s letter of good standing here.
T2.1.2.11.3 : SUPPLIER CREDIT RATINGS
The Tenderer is to provide written confirmation (original letters) from four (4) major suppliers, relative to this contract, confirming credit facilities as well as credit ratings, and any other relevant purchasing conditions.
Insert written confirmation from major suppliers here.
T2.1.2.11.4 : INSURANCES
The Tenderer is to provide confirmation and/or intent of insurance coverappropriate to this Service Contract, including the levels of cover, and may include but are not limited to -
a)property and casualty insurance;
b)workers compensation and employee liability insurance in accordance with the Compensation for Occupational Health and Safety Act, No. 85 of 1993, as amended;
c)comprehensive general liability insurance (including contractual liability insurance);
d)errors and omissions insurance and professional indemnity insurance;
e)comprehensive crime insurance;
f)riot cover insurance (SASRIA equivalent);
g)public liability insurance;
Should there be any special additional insurance cover required, this is to be included in the confirmation and/or intent of insurance cover and be brought to our attention.
Insert confirmation and/or intent of insurance cover here.
T2.1.2.12 : DECLARATION OF MUNICIPAL FEES
I/We do hereby declare that the Municipal fees of myself/ the company/the close corporation/ the trust ______, are as at the date of the tender closing, fully paid up, or arrangements have been concluded with the Municipality to pay the said fees:
AccountAccount number
Electricity______}
Water______}
Rates______}
JSB levies______}
______}
______}
I/We acknowledge that should it be found that the Municipal fees are not up to date, the Municipality may take such remedial action as is required, including termination of contract, and any income due to the tenderer shall be utilised to offset any monies due to the Municipality.
______
NameSignature
______
Designation
T2.1.2.13 : DECLARATION IN TERMS OF CLAUSE 44 OF THE SUPPLY CHAIN MANAGEMENT REGULATIONS
I do hereby declare
- I am not in the service of the state, as defined in the Supply Chain Management Regulations, and I am not an advisor or consultant contracted with the Municipality,
(or)
- No director, manager, principle shareholder or stakeholder of the company, close corporation/ trust ______, is a person in the service of the state, as defined in the Supply Chain Management Regulations, or an advisor or consultant contracted with the Municipality,
(Delete whichever is not applicable)
______
NameSignature
______
Designation
T2.1.2.14 : DECLARATION OF CLOSE FAMILY MEMBERS OF PERSONS IN THE SERVICE OF THE STATE