TERMS OF REFERENCE
FOR
SUPPLY, DELIVER AND OFFLOAD PAVING BRICKS
REQUEST FOR QOUTE: 85/11/2017
ISSUED BY: M DINGANI
ACTINGMUNICIPAL MANAGER
ENOCH MGIJIMA LOCAL MUNICIPALITY
PRIVATE BAG X 7111
TOWN HALL
70 CATHCART ROAD
KOMANI, 5320
Tel: +27(45) 807 2606
Fax: +27(45) 807 2637
NAME OF BIDDER:______
CSD NUMBER : ______
QUOTATION AMOUNT: ______
ADVERT
TENDER NUMBER: SCM85/11/2017
Enoch mgijima local municipality hereby invites all interested Accredited Service providers to supply, deliver and offload paving bricks
Project Name / Bid Number / Scope of work / Closing Date / Enquiries / Availability of tender documentsTo supply, deliver and offload paving bricks / SCM85/11/2017 / To supply, deliver and offload paving bricks / Date: 23/11/2017
Time: 12h00
Place of Tender box: Budget and Treasury Office, 25 – 27 Owen Street, Queenstown
All bids must be sealed and clearly marked in front of the envelop:SCM85/11/2017 to supply, deliver and offload paving bricks
and be deposited in the tender box at No. 25 -27 Owen str. Komani, 5320, with a returning address on the back of envelop. / Technical enquiries may be directed to
Mr. M Shoba
Tel: 045807 6007
SCM related queries may be directed to:
Mr. A Hoko
Tel: 045807 2021 / Tender documents will be available at SCM office, 25 -27 Owen Street, Queenstown as from 08h00 to 16h00, as from 16/11/2017 and can be downloaded on the website and
Failure to comply with the following Bid conditions may result to a Bid deemed Non- responsive.
- Bidders must submit together with their bids a copy of company registration document (CK).
- Bidder must be registered in the national treasury Central supplier database (CSD)
- Failure to submit SARS Tax Original Certificate or printed copy of Tax Compliance Status pin, certified copies of ID’s of directors may result in a tender deemed non-responsive.
- Failure to submit certified BBBEE CERTIFICATE will result to a bidder loosing points allocated for BBBEE.
- Failure to submit comprehensive JV agreement (where applicable) will result in a tender deemed non responsive.
- Failure to complete the tender forms e.g. Form of Offer, declaration of interest, will result in a tender deemed non-responsive.
- Failure to submit statement of municipal account that is not older than three months or lease agreement or affidavit from SAPS stating that the bidder is not obliged to pay municipal rates or letter from a ward councillor may result to tender deemed non-responsive.
- Bidders to ensure that their tender is not exposed to invalidation, documents are to be completed in accordance with the conditions and bid rules contained in the bid documents
- Company profile with proven previous experience must be attached, failure to do so will result to your bid deemed non-responsive
- The Enoch mgijima local municipality does not bind itself to accept the lowest or any bid and reserves the right to accept the whole or part of the bid or to withdraw the bid.
- All alterations in prices/quotes must be signed for and failure to sign will result in tender deemed non-responsive
- Use of tipex is prohibited and the bidder will be deemed non-responsive.
Bidders must further note that:
1. Non-disclosure by service providers who are in the employ of the state may lead to disqualification
2. Bids submitted will hold good for a period of 90 days and if your company has not heard within this period take that your company was unsuccessful.
PREFERENTIAL PROCUREMENT POLICY FRAMEWORK ACT NO. 5 2000(PPPFA) POINTS WILL BE AWARDED AS
FOLLOWS:-
PPPFA: 80/20
Received responsive Bids will be evaluated based on the following criteria:
Price - 80
BBBEE - 20
Issued By
M DINGANI
ACTING MUNICIPAL MANAGER
TERMS OF REFERENCE
BACKGROUND
Enoch Mgijima Local Municipality is currently in a phase of its small town revitalization and to furtherprovide all the necessary infrastructure.
PURPOSE
Enoch Mgijima Local Municipality aims to have all required resources in place in the time of need for smooth running of the project.
SCOPE OF WORK
To deliver a rate of one (1) paver (80mm of 25Mpa) and this rate must include rate of a pellet
All deliveries must be made in tarkastad.
Deliveries will be made on as and when basis and at times specified and quantities.
Deliveries must be must be made within four working days and penalties will be imposed.
The General Conditions of Contract will apply.
SPECIAL CONDITION
Preference will be given but not limited to suppliers within the jurisdiction of the municipality.
In the event where the order was wrongly printed, the service provider must be able to exchange goods or cancel the order as per the Municipality request.
EVALUATION CRITERIA
In terms of Regulation 5 (2) and 6 (2) of the Preferential Procurement Regulations, preference points must be awarded to a bidder for attaining the B-BBEE status level of contribution in accordance with the table below. The 80/20 preference point systems will be used to evaluate offers in the following criteria as shown in the table below
B-BBEE status level of Contributor / Number of points(80/20) system
1 / 20
2 / 18
3 / 16
4 / 12
5 / 8
6 / 6
7 / 4
8 / 2
Non-Complaint Contributor / 0
COSTING SCHEDULE
ITEM NO. / DESCRIPTION / QUANTITY / UNIT PRICE Incl. Vat1 / Paving Bricks (80mm of 25 Mpa) / 1 Pellet / R
VAT AMOUNT / R
TOTAL AMOUNT / R
NB: Suppliers to note that the quantity required will be as and when needed and will be specified in the purchase order.
SUPPLY CHAIN PAST EXPERIENCES
PROJECT NAME / PROJECT DESCRIPTION / YEAR / REFERENCEBidders shall take note of the following bid conditions / compulsory submissions
- The Enoch Mgijima Local Municipality Supply Chain Management Policy will apply;
- All bids submitted are to remain valid for a period of 90 days after the bid closing date.
- Bidders to submit Tax compliance status pin;company registration together with certified ID copies of Members and Joint Venture Agreements where applicable must be submitted;
- Company Profile and Original/Certified copy of B-BBEE Certificate issued by a Verification Agency accredited by SANAS.
- National treasury Central Supplier Database (CSD) Proof of registration
- The quotation shall be evaluated based on the Preferential Procurement Policy Framework Act (Act No.5, 2000 and the regulations pertaining thereto (2011), as well as the Enoch mgijima local municipality’s Supply Chain Management policy. The 80/20 preference points system is applicable and for this purpose the enclosed forms MBD1 - MBD9 be scrutinized, completed and submitted together with your proposal.
- Quotation which are late, or submitted by facsimile or electronically, will not be accepted;
- The Enoch Mgijima Local Municipality does not bind itself to accept the lowest bid or any other bid and reserves the right to accept the whole or part of the bid;
- The municipality reserves the right to disqualify any service provider whose member and/or shareholders owe the municipality rates & taxes
- Failure to supply all supplementary information will result in the tender being deemed non-responsive and therefore the tender will not be considered for award.
- Bidders are requested to submit proposals in a sealed envelope marked “BID NO: SCM85/11/2017 SUPPLY, DELIVER AND OFFLOAD PAVING BRICKSon the outside indicating the name of the bidding company (Bidder)*****
- Failure to comply with these conditions may invalidate your offer.
- If you have not heard from the municipality within 90 days from the closing date of tender, company must consider itself unsuccessful.
B-BBEE Status Level of Contributor / Number of points
(80/20 system)
1 / 20
2 / 18
3 / 16
4 / 12
5 / 8
6 / 6
7 / 4
8 / 2
Non-compliant contributor / 0
NB: No quotations will be considered from persons in the service of the state.
Yours faithfully
______
A HOKO
DEMAND OFFICER
______
T ABOFRA
ACTIGNG CHIEF FINANCIAL OFFICER
______
M DINGANI
ACTINGMUNICIPAL MANAGER
MBD 1
INVITATION TO BID
YOU ARE HEREBY INVITED TO BID FOR
SUPPLY, DELIVER AND OFFLOAD PAVING BRIKCS
BID NUMBER: / SCM85/11/2017 / CLOSING DATE: / 23/11/2017 / CLOSING TIME: / 12:00DESCRIPTION:
-Bid documents must be deposited in the bid box situated at Finance Directorate, Budget & Treasury Offices, 25 - 27 Owen Street, Queenstown, Enoch mgijima local municipality Building.
-Bidders should ensure that bids are delivered timeously to the correct address. A late bid will not be accepted for consideration.
-The bid box is generally open 8 hours a day, 5 days a week.
-All bids must be submitted on the official forms – (not to be re-typed)
THE FOLLOWING PARTICULARS MUST BE FURNISHED(FAILURE TO DO SO WILL 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 an original tax clearance certificate been submitted (MBD 2)? / YES / NO
Are you the accredited representative in South Africa for the good/Services offered by you / YES / NO
(IF YES, ENCLOSE PROOF)
SIGNATURE OF BIDDER
DATE
CAPACITY UNDER WHICH THIS BID IS SIGNED
TOTAL BID PRICE
MBD 2
TAX CLEARANCE CERTIFICATE REQUIREMENTS
It is a condition of 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 Clearance 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.
3 SARS tax compliance pin or Tax clearance certificate (TCC) must be submitted together with 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 Copies of the TCC 001 “Application for a Tax Clearance Certificate” form are available from any SARS branch office nationally or on the website
6 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
MBD4
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 attach proof of such authority to the bid document? YES / NO
(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.
……………………………………………………………...
…………………………………………………………..….
………………………………………………………………
2.10Are 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?
2.10.1 If 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 Number4DECLARATION
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
MBD 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 R50 000 000 (all applicable taxes included); and
-the 90/10 system for requirements with a Rand value above R50 000 000 (all applicable taxes included).
1.2The value of this bid is estimated to exceed/not exceed R1 000 000 (all applicable taxes included) and therefore the……………………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…………..
1.3.1.2B-BBEE STATUS LEVEL OF CONTRIBUTION…………...
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;