ETHEKWINI MUNICIPALITY
TENDERING PROCEDURES (T1)
DAIRY BEACH RESTAURANT SPU2010/B09RevA
PROCUREMENT DOCUMENT
FOREWORD
This document consists of two distinct volumes, namely the TENDER and the CONTRACT.
The TENDER consists of two parts, namely :
•Part T1 : Tendering Procedures to be complied with by every tenderer submitting a tender offer; and
•Part T2 :Returnable Documents, including the returnable schedules, certificates, and forms to be completed by each tenderer, some of which will eventually be incorporated into the contract between the successful tenderer and the Employer.
The CONTRACT consists of the Draft Lease Agreement.
Each Part is preceded by its own table of contents.
PART T1 : TENDERING PROCEDURES
T1.1TENDER NOTICE AND INVITATION TO TENDER
T1.2TENDER DATA
T1.2.1STANDARD CONDITIONS OF TENDER
T1.2.2TENDER DATA (applicable to this tender)
F.1.1Employer
F.1.2Tender Documents
F.1.4The Employer’s Agent
F.2.1Eligibility
F.2.7Clarification meeting and site inspection
F.2.13Submitting a Tender Offer
F.2.15Closing Time
F.2.16Tender validity
F.2.19Access
F.2.23Certificates
F.3.4Opening of Tender Submissions
F.3.11Evaluation of Tender Offers
F.3.13Acceptance of Tender
F.3.17Copies of contract
T1.1 : TENDER NOTICE AND INVITATION TO TENDER
CONTRACT No: SPU2010/B09RevA
LEASE CONTRACT FOR DAIRYBEACH RESTAURANT
The Central Beachfront Upgrade has enabled the Municipality to rationalize the distribution of restaurant, service and retail opportunities available within the Central Beachfront within a combination of new and upgraded/converted premises.
The letting of these premises provides the opportunity to achieve an exciting, diverse range of food, service and retail offerings and experiences across the full length of the Beachfront which compliment their respective Beach locale, enhance the Central Beachfront as Durban’s prime tourism asset and contribute toward an overall theme of ‘healthy living’.
Interested parties are invited to submit tender offers to lease any one (or more) of the following premises:
Contract & Plan Ref. No. / Location of Premises / Floor Area* m2 / Primary Use/sSPU2010/B01RevA / 17 Erskine Terrace
Addington Beach / 375 / Restaurant
SPU2010/B03RevA / 98 O.R. Tambo Parade
New Beach / 537 / Restaurant
SPU2010/B09RevA / Ground Floor
150 O.R. Tambo Parade
Dairy Beach / 238 / Retail/Coffee Shop/Restaurant
First Floor
150 O.R. Tambo Parade
Dairy Beach / 275 / Restaurant
* Floor areas exclude outdoor seating areas which are available in certain instances
There will be a compulsory Clarification Meeting at 10:00 on Monday, 17 January 2011 at the New Beach Restaurant premises, 98 O.R. Tambo Parade, whereafter the premises’ on offer will be available for inspection by prospective tenderers’ until 17:00.
In each instance, the successful tenderer will be required to enter into a Lease Agreement with the eThekwini Municipality.
NOTE:
- Separate tender and contract documents are provided for each of the Premises.
- Following the assessment of individual tenders received in response to Contracts SPU2010/B01RevA, B03RevA, and B09RevA, these tender assessments will be reviewed as a collective in order to ensure that a variety of food offerings and beach-related tourism/retail is achieved across the Central Beachfront, in accordance with the City’s stated objective.
- The Municipality reserves the right to limit the number of tenders awarded under Contracts SPU2010/B01RevA, B03RevA and B09RevA, to a single tenderer.
Tenderers are accordingly hereby invited to tender for the Lease Contract comprising:
DAIRY BEACH RESTAURANT within the Durban Central Beachfront.
The Employer is: The eThekwini Municipality
Tender Documents (for each of the premises) will be available from: 29 November 2010 and may be downloaded from the City’s website at no charge, at:
Alternatively, a digital copy of the tender documents may be purchased during normal working hours from the Cashier: Engineering Unit, 166 KE Masinga Road, at a cost of R 250.00, inclusive of VAT. (Payment in cash or bank guaranteed cheque made out in favour of eThekwini Municipality.)
Queries relating to these documents may be addressed to:
Name:...... Rozanne Thackwray
Telephone (during office hours):...... 031- 311 4745
e-mail address:......
Tender offers shall be delivered to:
Place: The Tender Box, Ground Floor, Engineering Unit Building, 166 K E Masinga Road
Date: Friday, 11February 2011
Time: at or before 11h00
- Tenderers wishing to submit tenders in respect of more than one of the premises are to submit separate tenders for each.
- Telegraphic, telephonic, telex, facsimile, electronic, e-mailed and late tenders will not be accepted.
- Requirements for sealing, addressing, delivery, opening and assessment of tenders are stated in the Conditions of Tender.
T1.2 : TENDER DATA
T1.2.1STANDARD CONDITIONS OF TENDER
The Standard Conditions of Tender apply.
T1.2.2TENDER DATA
GENERAL
The Tender Data must be read with the Standard Conditions of Tender in order to expand on the Tenderer’s obligations and the Employer’s undertakings in administering the tender process in respect of the project under consideration.
The Tender Data hereafter shall have precedence in the interpretation of any ambiguity or inconsistency between it and the Standard Conditions of Tender.
Each item of Tender Data given below is cross-referenced to the relevant clause in the Standard Conditions of Tender.
F.1.1Employer
The Employer for this Contract is:The eThekwini Municipality
c/o Head: Strategic Projects Unit
Loram House
70 Masabalala Yengwa Avenue
Durban
4001
In the context of this contract all references to the Employer shall mean the Landlord and all references to the Landlord shall mean the Employer
F.1.2Tender Documents
The Tender Document consists of the following:
TENDER
PART T1 :Tendering Procedures
T1.1:Tender Notice and Invitation to Tender
T1.2:Tender Data
PART T2 :Returnable Documents
T2.1:Returnable Schedules, Forms and Certificates
CONTRACT
The Contract consists of the Draft Lease Agreement
In addition Tenderers are advised, in their own interest, to obtain their own copies of the
following acts, regulations and standards referred to in this document.
- The Occupational Health and Safety Act No 85 and Amendment Act No 181 of 1993
The Tender Document shall be obtained from the Employer or purchased from his authorized representative at the physical address stated in the Tender Notice.
F.1.4The Employer’s Agent
The Employer’s agent is:
Name:...... Ms Julie-May Ellingson
Address:...... Loram House, 70 Masabalala Yengwa Avenue, Durban, 4001
Telephone No. :...... 031-311 4745
Fax No. :...... 031-368 3150
E-mail address:......
F.2.1Eligibility
A Tenderer will not be eligible to submit a tender if:
(a)the Tenderer cannot provide proof that he or she is in good standing with respect to duties, taxes, levies and contributions required in terms of legislation applicable to the work in the contract;
(b)a Director, Manager, Principal Shareholder or Stakeholder of the tenderer, is a person in the service of the state; or
(c)the Tenderer is in the service of the state; and
(d)the Tenderer is an advisor or consultant contracted with the Municipality to provide advice on the specific service.
F.2.7Clarification meeting and site inspection
There will be a compulsory clarification meeting at 10:00 on Monday, 17 January 2011 at the New Beach Restaurant premises, 98 O.R. Tambo parade, whereafter the premises’ on offer will be available for inspection by prospective tenderers’ until 17:00.
F.2.13Submitting a Tender Offer
F.2.13.3Tender offers shall be submitted as an original plus one copy
F.2.13.5Delivery of Tender
The Employer’s address for delivery of tender offers is and identification details to be shown on each tender offer package are:
Location of tender box:Ground Floor, Engineering Unit Building
Physical address:166 K E Masinga Road
Identification details:Contract No.: SPU2010/B09RevA
Contract Title: Lease Contract for DairyBeach Restaurant
F.2.13.6A two-envelope procedure will not be followed.
F.2.15Closing Time
The closing time for submission of Tender Offers is:
11h00 on Friday, 11 February 2011
Telephonic, telegraphic, telex, facsimile, electronic or e-mailed or late tenders will not be accepted.
F.2.16Tender validity
F.2.16.1The Tender Offer validity period is 60 calendar days from the closing time for submission of tenders.
F.2.23Certificates
Refer to Part T2.1 for a listing of certificates that must be provided with the tender.
F.3.4Opening of Tender Submissions
F.3.4.1The time and location for opening of the tender offers are: 11h00 on Friday, 11 February 2011, 6thFloor, Engineering Unit Building, 166 K E Masinga Road
F.3.11Evaluation of Tender Offers
F.3.11.1The procedure for evaluation of responsive Tender Offers will be Method 4 : Financial Offer, Quality and Preferences, as set out in clause F.3.11.5 of the Standard Conditions of Tender, with the following sub-clause substituted for sub-clause (b):
Calculate the Quality Score in terms of F.3.11.9 as contained in the Tender Data and thereafter calculate the total number of tender evaluation points (TEV) in accordance with the following formula, in respect of those tenders which achieve the minimum number of Quality Points, in respect of both the Ground Floor and First Floor premises:
TEV = NFO + NP
Where:NFO is the number of tender evaluation points awarded for the financial offer made in accordance with F.3.11.7
NP is the number of tender evaluation points awarded for preferences claimed in accordance with F.3.11.8
Thereafter the various combinations in respect of the ground floor and first floor responsive tender offers are to be assessed to determine the tender combination which achieves the highest aggregate number of tender points. Such assessment shall include consideration of tenders for both ground and first floor levels from a single tenderer where such tenderer hasclearly indicated in the Form of Offer that the offers are not standalone.
Following the assessment of individual tenders received in response to Contracts SPU2010/B01RevA, B03RevAand B09RevA, these tender assessments will be reviewed as a collective in order to ensure that a variety of food offerings is achieved across the Central Beachfront, in accordance with the City’s stated objective.
The Municipality reserves the right to limit the number of tenders awarded under Contracts SPU2010/B01Rev1; B03Rev1 and B09RevA, to a single tenderer.
F.3.11.7Scoring Financial Offer
The score for financial offer is calculated using Formula 1, Option 2 of the table in F.3.11.7. of the Standard Conditions of Tender with the maximum number of points for Financial Offer being 90
F.3.11.8Scoring Preference
Preferencing will be scored in accordance with Returnable Document T2.1.4.
F.3.11.9Scoring Quality
The provisions of clause F.3.11.9 of the Standard Conditions of Tender to be substituted by the following:
The minimum number of evaluation points for quality shall be greater than 60. Tender offers failing to score the minimum points for quality will be rejected.
The quality criteria and maximum score in respect of each of the criteria are as follows:
Quality criteria / Maximum number of pointsTenderer’s Experience / 50
Proposal / 50
Maximum possible score for quality / 100
Each evaluation criteria will be assessed in terms of five indicators as listed below:
Indicator / Scoreno response / 0
poor / 40
average / 60
good / 80
very good / 100
The information provided in Returnable Documents T.2.1.3.1 Tenderers Experience and T.2.1.3.2 Development Guidelines and Proposal will be used for the purpose of scoring Quality.
F.3.13Acceptance of Tender Offer
In addition to the conditions stated in T.1.2.1 clause F.3.13, the tender offer will only be accepted on condition that:
a)the form of offer is completed and submitted;
b)the tender offer is signed by a person authorised to sign on behalf of the Tenderer;
c)the record of addenda, if applicable, is completed and submitted;
d)amendments, qualifications and alternatives, if any, are clearly stated on the applicable schedule;
e)declaration of interest is completed and submitted;
f)Declaration in terms of clause 44 of the supply chain Management regulations
g)Declaration of close family members of persons in the Service of the state
h)compulsory enterprise questionnaire is completed and submitted;
i)a valid original Tax Clearance Certificate is included with the tender;
j)a Tenderer who submitted a tender as a Joint Venture has included an acceptable Joint Venture Agreement with his tender;
k)the Tenderer complies with the relevant registration criteria;
l)the Tenderer has submitted all documentation requested pertaining to financial standing;
m)the Tenderer complies with the legal requirements stated in the Employer’s procurement policy
n) the Tenderer has submitted proof of ownership of franchise if applicable.
F.3.17Copies of contract
The number of paper copies of the signed contract to be provided by the Employer is 1 (one).