Escolar Documentos
Profissional Documentos
Cultura Documentos
25G/2009/10
CONTRACT DOCUMENT
FOR THE
VOLUME 2A
(RETURNABLE DOCUMENT)
(OTHER DOCUMENTS FORMING PART OF TENDER AND CONTRACT ARE:
VOLUME 1 FIDIC CONDITIONS OF CONTRACT FOR PLANT AND DESIGN-BUILD
VOLUME 2B SCOPE OF WORK & DETAILED SPECIFICATIONS)
NOTE:
CLARIFICATION MEETING
CLOSING DATE
CLOSING TIME
10h00
CLOSING VENUE
TENDER BOX 58
FIDIC Conditions of Contract for Plant and Design-Build First Edition 1999
Returnable tender documents
Non-returnable tender document: Scope of Work, Detailed Specifications & Site
Information
Heading
Volume
The Tender
Part T1: Tendering procedures
T1.1
2A
T1.2
Tender Data
2A
2A
T2.2
Returnable Schedules
2A
The Contract
Part C1: Agreements and Contract Data
C1.1
2A
C1.2
Contract Data
2A
C1.3
2A
C1.4
2A
Pricing Instructions
2A
C2.2
Bills/Schedules of Quantities
2A
Heading
Volume
2B
C3.2
Engineering Design
2B
C3.3
Installation of Works
2B
C3.4
2B
C3.5
Training
2B
C3.6
Project Management
2B
ii
C3.7
2B
C3.8
2B
C3.9
2B
C3.10
2B
C3.11
2B
C3.12
2B
C3.13
2B
C3.14
2B
C3.15
2B
C3.16
2B
C3.17
2B
C3.18
Glossary
2B
Overview of System
2B
C4.2
2B
C4.3
Services Types
2B
C4.4
2B
C4.5
2B
C4.6
2B
C4.7
Communication
2B
C4.8
2B
iii
Page
No.
ii
iv
vii
THE TENDER
PART T1: TENDERING PROCEDURES
T1.1
T1.2
TENDER DATA
F.1
General
F.2
Tenderers obligations
F.3
19
T2.1
20
T2.2
RETURNABLE SCHEDULES
22
Schedule 1:
23
Schedule 2:
25
Schedule 3:
26
Schedule 4:
28
Schedule 5:
30
Schedule 6:
Schedule of Subcontractors
32
Schedule 7:
33
Schedule 8:
38
Schedule 9:
39
Schedule 10:
40
Schedule 11:
41
Schedule 12:
42
Schedule 13:
43
Schedule 14:
44
Schedule 15:
45
Schedule 16:
46
Schedule 17:
47
Schedule 18:
48
Schedule 19:
49
Schedule 20:
50
Schedule 21:
51
iv
Schedule 22:
52
Schedule 23:
58
Schedule 24:
59
Schedule 25:
67
THE CONTRACT
PART C1: AGREEMENTS AND CONTRACT DATA (VOLUME 2A)
68
C1.1
69
C1.2
CONTRACT DATA
73
Part 2:
Particular Conditions
Additional Conditions of Contract
Employers Requirements referred to in Conditions of Contract
C1.3
100
Annexure
C1.4
102
104
C2.1
105
PRICING INSTRUCTIONS
Returnable Schedule 25: Price Basis for Imported Equipment
C2.2
SCHEDULES OF QUANTITIES
108
Page
No.
C3.2
Engineering Design
C3.3
Installation of Works
12
C3.4
14
C3.5
Training
18
C3.6
Project Management
21
C3.7
22
C3.8
24
C3.9
28
C3.10
42
C3.11
60
C3.12
64
C3.13
66
C3.14
68
C3.14
69
C3.15
73
C3.16
81
C3.17
Glossary
82
86
C4.1
Overview of System
87
C4.2
C4.3
Services Types
C4.4
C4.5
C4.6
C4.7
Communication
C4.8
107
vi
Page
No.
viii
F.2
Tenderers obligations
F.3
xii
Tender Data
The Tenderers attention is drawn to the tender data in Part T1.2 Tender Data for details that apply specifically to
this tender.
vii
Annex F
(normative)
General
F.1.1
Actions
F.1.1.1 The employer and each tenderer submitting a tender offer shall comply with these conditions of tender. In
their dealings with each other, they shall discharge their duties and obligations as set out in F.2 and F.3,
timeously and with integrity, and behave equitably, honestly and transparently, comply with all legal obligations
and not engage in anticompetitive practices.
F.1.1.2 The employer and the tenderer and all their agents and employees involved in the tender process shall
avoid conflicts of interest and where a conflict of interest is perceived or known, declare any such conflict of
interest, indicating the nature of such conflict. Tenderers shall declare any potential conflict of interest in their
tender submissions. Employees, agents and advisors of the employer shall declare any conflict of interest to
whoever is responsible for overseeing the procurement process at the start of any deliberations relating to the
procurement process or as soon as they become aware of such conflict, and abstain from any decisions where
such conflict exists or recuse themselves from the procurement process, as appropriate.
Note:
1)
A conflict of interest may arise due to a conflict of roles which might provide an incentive for
improper acts in some circumstances. A conflict of interest can create an appearance of
impropriety that can undermine confidence in the ability of that person to act properly in his or her
position even if no improper acts result.
2)
Conflicts of interest in respect of those engaged in the procurement process include direct,
indirect or family interests in the tender or outcome of the procurement process and any personal
bias, inclination, obligation, allegiance or loyalty which would in any way affect any decisions
taken.
F.1.1.3 The employer shall not seek and a tenderer shall not submit a tender without having a firm intention
and the capacity to proceed with the contract.
F.1.2
Tender Documents
The documents issued by the employer for the purpose of a tender offer are listed in the tender data.
F.1.3
Interpretation
F.1.3.1 The tender data and additional requirements contained in the tender schedules that are included in the
returnable documents are deemed to be part of these conditions of tender.
F.1.3.2 These conditions of tender, the tender data and tender schedules which are only required for tender
evaluation purposes, shall not form part of any contract arising from the invitation to tender.
F.1.3.3 For the purposes of these conditions of tender, the following definitions apply:
a)
b)
c)
d)
e)
f)
Annex F
Reference No. 25G/2009/10
viii
F.1.4
Each communication between the employer and a tenderer shall be to or from the employer's agent only, and in a
form that can be readily read, copied and recorded. Communication shall be in the English language. The
employer shall not take any responsibility for non-receipt of communications from or by a tenderer. The name and
contact details of the employers agent are stated in the tender data.
F.1.5
F.1.5.1 The employer may accept or reject any variation, deviation, tender offer, or alternative tender offer, and
may cancel the tender process and reject all tender offers at any time before the formation of a contract. The
employer shall not accept or incur any liability to a tenderer for such cancellation and rejection, but will give
written reasons for such action upon written request to do so.
F.1.5.2 The employer may not subsequent to the cancellation or abandonment of a tender process or the
rejection of all responsive tender offers re-issue a tender covering substantially the same scope of work within a
period of six months unless only one tender was received and such tender was returned unopened to the
tenderer.
F.1.6
Procurement procedures
F.1.6.1 General
Unless otherwise stated in the tender data, a contract will, subject to F.3.13, be concluded with the tenderer who
in terms of F.3.11 is the highest ranked or the tenderer scoring the highest number of tender evaluation points, as
relevant, based on the tender submissions that are received at the closing time for tenders.
F.1.6.2
F.1.6.2.1 Where the tender data require that the competitive negotiation procedure is to be followed, tenderers
shall submit tender offers in response to the proposed contract in the first round of submissions. Notwithstanding
the requirements of F.3.4, the employer shall announce only the names of the tenderers who make a submission.
The requirements of F.3.8 relating to the material deviations or qualifications which affect the competitive position
of tenderers shall not apply.
F.1.6.2.2 All responsive tenderers, or not less than three responsive tenderers that are highest ranked in terms of
the evaluation method and evaluation criteria stated in the tender data, shall be invited in each round to enter into
competitive negotiations, based on the principle of equal treatment and keeping confidential the proposed
solutions and associated information. Notwithstanding the provisions of F.2.17, the employer may request that
tenders be clarified, specified and fine-tuned in order to improve a tenderer's competitive position provided that
such clarification, specification, fine-tuning or additional information does not alter any fundamental aspects of the
offers or impose substantial new requirements which restrict or distort competition or have a discriminatory effect.
F.1.6.2.3 At the conclusion of each round of negotiations, tenderers shall be invited by the employer to make a
fresh tender offer, based on the same evaluation criteria, with or without adjusted weightings. Tenderers shall be
advised when they are to submit their best and final offer.
F.1.6.2.4 The contract shall be awarded in accordance with the provisions of F.3.11 and F.3.13 after tenderers
have been requested to submit their best and final offer.
F.1.6.3
F.1.6.3.1 Option 1
Tenderers shall in the first stage submit technical proposals and, if required, cost parameters around which a
contract may be negotiated. The employer shall evaluate each responsive submission in terms of the method of
evaluation stated in the tender data, and in the second stage negotiate a contract with the tenderer scoring the
highest number of evaluation points and award the contract in terms of these conditions of tender.
F.1.6.3.2 Option 2
F.1.6.3.2.1 Tenderers shall submit in the first stage only technical proposals. The employer shall invite all
responsive tenderers to submit tender offers in the second stage, following the issuing of procurement
documents.
F.1.6.3.2.2 The employer shall evaluate tenders received during the second stage in terms of the method of
evaluation stated in the tender data, and award the contract in terms of these conditions of tender.
Annex F
Reference No. 25G/2009/10
ix
F.2
Tenderers obligations
F.2.1
Eligibility
F.2.1.1 Submit a tender offer only if the tenderer satisfies the criteria stated in the tender data and the tenderer,
or any of his principals, is not under any restriction to do business with employer.
F.2.1.2 Notify the employer of any proposed material change in the capabilities or formation of the tendering entity
(or both) or any other criteria which formed part of the qualifying requirements used by the employer as the basis
in a prior process to invite the tenderer to submit a tender offer and obtain the employer's written approval to do
so prior to the closing time for tenders.
F.2.2
Cost of tendering
Accept that, unless otherwise stated in the tender data, the employer will not compensate the tenderer for any
costs incurred in the preparation and submission of a tender offer, including the costs of any testing necessary to
demonstrate that aspects of the offer complies with requirements.
F.2.3
Check documents
Check the tender documents on receipt for completeness and notify the employer of any discrepancy or omission.
F.2.4
Treat as confidential all matters arising in connection with the tender. Use and copy the documents issued by the
employer only for the purpose of preparing and submitting a tender offer in response to the invitation.
F.2.5
Reference documents
Obtain, as necessary for submitting a tender offer, copies of the latest versions of standards, specifications,
conditions of contract and other publications, which are not attached but which are incorporated into the tender
documents by reference.
F.2.6
Acknowledge addenda
Acknowledge receipt of addenda to the tender documents, which the employer may issue, and if necessary apply
for an extension to the closing time stated in the tender data, in order to take the addenda into account.
F.2.7
Clarification meeting
Attend, where required, a clarification meeting at which tenderers may familiarize themselves with aspects of the
proposed work, services or supply and raise questions. Details of the meeting(s) are stated in the tender data.
F.2.8
Seek clarification
Request clarification of the tender documents, if necessary, by notifying the employer at least five working days
before the closing time stated in the tender data.
F.2.9
Insurance
Be aware that the extent of insurance to be provided by the employer (if any) might not be for the full cover
required in terms of the conditions of contract identified in the contract data. The tenderer is advised to seek
qualified advice regarding insurance.
F.2.10
F.2.10.1 Include in the rates, prices, and the tendered total of the prices (if any) all duties, taxes (except Value
Added Tax (VAT), and other levies payable by the successful tenderer, such duties, taxes and levies being those
applicable 14 days before the closing time stated in the tender data.
F.2.10.2 Show VAT payable by the employer separately as an addition to the tendered total of the prices.
F.2.10.3 Provide rates and prices that are fixed for the duration of the contract and not subject to adjustment
except as provided for in the conditions of contract identified in the contract data.
F.2.10.4 State the rates and prices in Rand unless instructed otherwise in the tender data. The conditions of
contract identified in the contract data may provide for part payment in other currencies.
Annex F
Reference No. 25G/2009/10
F.2.11
Alterations to documents
Do not make any alterations or additions to the tender documents, except to comply with instructions issued by
the employer, or necessary to correct errors made by the tenderer. All signatories to the tender offer shall initial all
such alterations. Erasures and the use of masking fluid are prohibited.
F.2.12
F.2.12.1 Unless otherwise stated in the tender data submit alternative tender offers only if a main tender offer,
strictly in accordance with all the requirements of the tender documents, is also submitted. The alternative tender
offer is to be submitted with the main tender offer together with a schedule that compares the requirements of the
tender documents with the alternative requirements the tenderer proposes.
F.2.12.2 Accept that an alternative tender offer may be based only on the criteria stated in the tender data or
criteria otherwise acceptable to the employer.
F.2.13
F.2.13.1 Submit one tender offer only, either as a single tendering entity or as a member in a joint venture to
provide the whole of the works, services or supply identified in the contract data and described in the scope of
works, unless stated otherwise in the tender data.
F.2.13.2 Return all returnable documents to the employer after completing them in their entirety, either
electronically (if they were issued in electronic format) or by writing legibly in non-erasable ink.
F.2.13.3 Submit the parts of the tender offer communicated on paper as an original plus the number of copies
stated in the tender data, with an English translation of any documentation in a language other than English, and
the parts communicated electronically in the same format as they were issued by the employer.
F.2.13.4 Sign the original and all copies of the tender offer where required in terms of the tender data. The
employer will hold all authorized signatories liable on behalf of the tenderer. Signatories for tenderers proposing to
contract as joint ventures shall state which of the signatories is the lead partner whom the employer shall hold
liable for the purpose of the tender offer.
F.2.13.5 Seal the original and each copy of the tender offer as separate packages marking the packages as
"ORIGINAL" and "COPY". Each package shall state on the outside the employer's address and identification
details stated in the tender data, as well as the tenderer's name and contact address.
F.2.13.6 Where a two-envelope system is required in terms of the tender data, place and seal the returnable
documents listed in the tender data in an envelope marked financial proposal and place the remaining
returnable documents in an envelope marked technical proposal. Each envelope shall state on the outside the
employers address and identification details stated in the tender data, as well as the tenderer's name and contact
address.
F.2.13.7 Seal the original tender offer and copy packages together in an outer package that states on the outside
only the employer's address and identification details as stated in the tender data.
F.2.13.8 Accept that the employer shall not assume any responsibility for the misplacement or premature opening
of the tender offer if the outer package is not sealed and marked as stated.
F.2.13.9 Accept that tender offers submitted by facsimile or e-mail will be rejected by the employer, unless stated
otherwise in the tender data.
F.2.14
Accept that tender offers, which do not provide all the data or information requested completely and in the form
required, may be regarded by the employer as non-responsive.
F.2.15
Closing time
F.2.15.1 Ensure that the employer receives the tender offer at the address specified in the tender data not later
than the closing time stated in the tender data. Accept that proof of posting shall not be accepted as proof of
delivery.
F.2.15.2 Accept that, if the employer extends the closing time stated in the tender data for any reason, the
requirements of these conditions of tender apply equally to the extended deadline.
Annex F
Reference No. 25G/2009/10
xi
F.2.16
F.2.16.1 Hold the tender offer(s) valid for acceptance by the employer at any time during the validity period stated
in the tender data after the closing time stated in the tender data.
F.2.16.2 If requested by the employer, consider extending the validity period stated in the tender data for an
agreed additional period with or without any conditions attached to such extension.
F.2.16.3 Accept that a tender submission that has been submitted to the employer may only be withdrawn or
substituted by giving the employer's agent written notice before the closing time for tenders that a tender is to be
withdrawn or substituted.
F.2.16.4 Where a tender submission is to be substituted, submit a substitute tender in accordance with the
requirements of F.2.13 with the packages clearly marked as "SUBSTITUTE".
F.2.17
Provide clarification of a tender offer in response to a request to do so from the employer during the
evaluation of tender offers. This may include providing a breakdown of rates or prices and correction of
arithmetical errors by the adjustment of certain rates or item prices (or both). No change in the
competitive position of tenderers or substance of the tender offer is sought, offered, or permitted.
Note: Sub-clause F.2.17 does not preclude the negotiation of the final terms of the contract with a
preferred tenderer following a competitive selection process, should the Employer elect to do so.
F.2.18
F.2.18.1 Provide, on request by the employer, any other material that has a bearing on the tender offer, the
tenderers commercial position (including notarized joint venture agreements), preferencing arrangements, or
samples of materials, considered necessary by the employer for the purpose of a full and fair risk assessment.
Should the tenderer not provide the material, or a satisfactory reason as to why it cannot be provided, by the time
for submission stated in the employers request, the employer may regard the tender offer as non-responsive.
F.2.18.2 Dispose of samples of materials provided for evaluation by the employer, where required.
F.2.19
Provide access during working hours to premises for inspections, tests and analysis as provided for in the tender
data.
F.2.20
If requested, submit for the employers acceptance before formation of the contract, all securities, bonds,
guarantees, policies and certificates of insurance required in terms of the conditions of contract identified in the
contract data.
F.2.21
Check the final draft of the contract provided by the employer within the time available for the employer to issue
the contract.
F.2.22
If so instructed by the employer, return all retained tender documents within 28 days after the expiry of
the validity period stated in the tender data.
F.2.23
Certificates
Include in the tender submission or provide the employer with any certificates as stated in the tender data.
F.3
F.3.1
F.3.1.1 Unless otherwise stated in the Tender Data, respond to a request for clarification received up to five
working days before the tender closing time stated in the Tender Data and notify all tenderers who drew
procurement documents.
Annex F
Reference No. 25G/2009/10
xii
F.3.1.2 Consider any request to make a material change in the capabilities or formation of the tendering entity (or
both) or any other criteria which formed part of the qualifying requirements used to prequalify a tenderer to submit
a tender offer in terms of a previous procurement process and deny any such request if as a consequence:
a)
b)
c)
F.3.2
an individual firm, or a joint venture as a whole, or any individual member of the joint venture fails to meet
any of the collective or individual qualifying requirements;
the new partners to a joint venture were not prequalified in the first instance, either as individual firms or as
another joint venture; or
in the opinion of the Employer, acceptance of the material change would compromise the outcome of the
prequalification process.
Issue Addenda
If necessary, issue addenda that may amend or amplify the tender documents to each tenderer during the period
from the date the tender documents are available until three working days before the tender closing time stated in
the Tender Data. If, as a result a tenderer applies for an extension to the closing time stated in the Tender Data,
the Employer may grant such extension and, shall then notify all tenderers who drew documents.
F.3.3
Return tender offers received after the closing time stated in the Tender Data, unopened, (unless it is necessary
to open a tender submission to obtain a forwarding address), to the tenderer concerned.
F.3.4
F.3.4.1 Unless the two-envelope system is to be followed, open valid tender submissions in the presence of
tenderers agents who choose to attend at the time and place stated in the tender data. Tender submissions for
which acceptable reasons for withdrawal have been submitted will not be opened.
F.3.4.2 Announce at the meeting held immediately after the opening of tender submissions, at a venue indicated
in the tender data, the name of each tenderer whose tender offer is opened and, where applicable, the total of his
prices, preferences claimed and time for completion for the main tender offer only.
F.3.4.3 Make available the record outlined in F.3.4.2 to all interested persons upon request.
F.3.5 Two-envelope system
F.3.5.1 Where stated in the tender data that a two-envelope system is to be followed, open only the technical
proposal of valid tenders in the presence of tenderers agents who choose to attend at the time and place stated
in the tender data and announce the name of each tenderer whose technical proposal is opened.
F.3.5.2 Evaluate the quality of the technical proposals offered by tenderers, then advise tenderers who remain in
contention for the award of the contract of the time and place when the financial proposals will be opened. Open
only the financial proposals of tenderers, who score in the quality evaluation more than the minimum number of
points for quality stated in the tender data, and announce the score obtained for the technical proposals and the
total price and any preferences claimed. Return unopened financial proposals to tenderers whose technical
proposals failed to achieve the minimum number of points for quality.
F.3.6
Non-disclosure
Not disclose to tenderers, or to any other person not officially concerned with such processes, information relating
to the evaluation and comparison of tender offers, the final evaluation price and recommendations for the award
of a contract, until after the award of the contract to the successful tenderer.
F.3.7
Determine whether there has been any effort by a tenderer to influence the processing of tender offers and
instantly disqualify a tenderer (and his tender offer) if it is established that he engaged in corrupt or fraudulent
practices.
F.3.8
F.3.8.1 Determine, after opening and before detailed evaluation, whether each tender offer properly received:
a)
b)
c)
Annex F
Reference No. 25G/2009/10
xiii
F.3.8.2 A responsive tender is one that conforms to all the terms, conditions, and specifications of the tender
documents without material deviation or qualification. A material deviation or qualification is one which, in the
Employer's opinion, would:
a)
detrimentally affect the scope, quality, or performance of the works, services or supply identified in
the Scope of Work,
b)
significantly change the Employer's or the tenderer's risks and responsibilities under the contract, or
c)
affect the competitive position of other tenderers presenting responsive tenders, if it were to be rectified.
Reject a non-responsive tender offer, and not allow it to be subsequently made responsive by correction or
withdrawal of the non-conforming deviation or reservation.
F.3.9
F.3.9.1 Check responsive tenders for discrepancies between amounts in words and amounts in figures. Where
there is a discrepancy between the amounts in figures and the amount in words, the amount in words shall
govern.
F.3.9.2 Check the highest ranked tender or tenderer with the highest number of tender evaluation points after the
evaluation of tender offers in accordance with F.3.11 for:
a)
b)
c)
F.3.9.3 Notify the tenderer of all errors or omissions that are identified in the tender offer and either confirm the
tender offer as tendered or accept the corrected total of prices.
F.3.9.4 Where the tenderer elects to confirm the tender offer as tendered, correct the errors as follows:
a)
b)
F.3.10
If bills of quantities or pricing schedules apply and there is an error in the line item total resulting from
the product of the unit rate and the quantity, the line item total shall govern and the rate shall be
corrected. Where there is an obviously gross misplacement of the decimal point in the unit rate, the line
item total as quoted shall govern, and the unit rate shall be corrected.
Where there is an error in the total of the prices either as a result of other corrections required by this
checking process or in the tenderer's addition of prices, the total of the prices shall govern and the
tenderer will be asked to revise selected item prices (and their rates if bills of quantities apply) to achieve
the tendered total of the prices.
Clarification of a tender offer
Obtain clarification from a tenderer on any matter that could give rise to ambiguity in a contract arising from the
tender offer.
F.3.11
F.3.11.1 General
Appoint an evaluation panel of not less than three persons. Reduce each responsive tender offer to a
comparative offer and evaluate them using the tender evaluation methods and associated evaluation criteria and
weightings that are specified in the tender data.
F.3.11.2 Method 1: Financial offer
In the case of a financial offer:
a)
b)
c)
Rank tender offers from the most favourable to the least favourable comparative offer.
Recommend the highest ranked tenderer for the award of the contract, unless there are compelling and
justifiable reasons not to do so.
Re-rank all tenderers should there be compelling and justifiable reasons not to recommend the highest
ranked tenderer and recommend the highest ranked tenderer, unless there are compelling and
justifiable reasons not to do so and the process set out in this subclause is repeated.
Annex F
Reference No. 25G/2009/10
xiv
a)
b)
Score each tender in respect of the financial offer made and preferences claimed, if any, in accordance
with the provisions of F.3.11.7 and F.3.11.8.
Calculate the total number of tender evaluation points (TEV) in accordance with the following formula:
TEV= NFO + NP
where:
c)
d)
e)
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.
Rank tender offers from the highest number of tender evaluation points to the lowest.
Recommend the tenderer with the highest number of tender evaluation points for the award of the
contract, unless there are compelling and justifiable reasons not to do so.
Rescore and re-rank all tenderers should there be compelling and justifiable reasons not to recommend
the tenderer with the highest number of tender evaluation points, and recommend the tenderer with the
highest number of tender evaluation points, unless there are compelling and justifiable reasons not to do
so and the process set out in this subclause is repeated.
Score each tender in respect of the financial offer made and the quality offered in accordance with the
provisions of F.3.11.7 and F.3.11.9, rejecting all tender offers that fail to score the minimum number of
points for quality stated in the tender data, if any.
Calculate the total number of tender evaluation points (TEV) in accordance with the following formula:
TEV= NFO + NQ
where:
c)
d)
e)
NFO is the number of tender evaluation points awarded for the financial offer made in
accordance with F.3.11.7;
NQ is the number of tender evaluation points awarded for quality offered in accordance with
F.3.11.9.
Rank tender offers from the highest number of tender evaluation points to the lowest.
Recommend tenderer with the highest number of tender evaluation points for the award of the contract,
unless there are compelling and justifiable reasons not to do so.
Rescore and re-rank all tenderers should there be compelling and justifiable reasons not to recommend
the tenderer with the highest number of tender evaluation points and recommend the tenderer with the
highest number of tender evaluation points, unless there are compelling and justifiable reasons not to do
so and the process set out in this subclause is repeated.
Score each tender in respect of the financial offer made, preference claimed, if any, and the quality
offered in accordance with the provisions of F.3.11.7 to F.3.11.9, rejecting all tender offers that fail to
score the minimum number of points for quality stated in the tender data, if any.
Calculate the total number of tender evaluation points (TEv) in accordance with the following formula,
unless otherwise stated in the Tender Data:
TEV= NFO + NP + NQ
where:
c)
d)
e)
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;
NQ is the number of tender evaluation points awarded for quality offered in accordance with
F.3.11.9.
Rank tender offers from the highest number of tender evaluation points to the lowest.
Recommend the tenderer with the highest number of tender evaluation points for the award of the
contract, unless there are compelling and justifiable reasons not to do so.
Rescore and re-rank all tenderers should there be compelling and justifiable reasons not to recommend
the tenderer with the highest number of tender evaluation points and recommend the tenderer with the
highest number of tender evaluation points, unless there are compelling and justifiable reasons not to do
so and the process set out in this subclause is repeated.
Annex F
Reference No. 25G/2009/10
xv
NFO is the number of tender evaluation points awarded for the financial offer.
W1 is the maximum possible number of tender evaluation points awarded for the financial
offer as stated in the Tender Data.
A is a number calculated using the formula and option described in Table F.l as stated in the
Tender Data.
Option 1
Option 2
A = (1 + (P - Pm))
Pm
A = P/Pm
Lowest
price
commission/ fee
A = (1 - (P - Pm))
Pm
A = Pm/P
or
percentage
Pm
P
F.3.12
If requested by the proposed successful tenderer, submit for the tenderer's information the policies and/or
certificates of insurance which the conditions of contract identified in the contract data, require the employer to
provide.
F.3.13
Accept the tender offer, if in the opinion of the employer, it does not present any unacceptable commercial risk
and only if the tenderer:
a)
is not under restrictions, or has principals who are under restrictions, preventing participating in the
employer's procurement,
Annex F
Reference No. 25G/2009/10
xvi
b)
e)
f)
can, as necessary and in relation to the proposed contract, demonstrate that he or she possesses the
professional and technical qualifications, professional and technical competence, financial resources,
equipment and other physical facilities, managerial capability, reliability, experience and reputation,
expertise and the personnel, to perform the contract,
has the legal capacity to enter into the contract,
is not insolvent, in receivership, bankrupt or being wound up, has his affairs administered by a court or a
judicial officer, has suspended his business activities, or is subject to legal proceedings in respect of any
of the foregoing,
complies with the legal requirements, if any, stated in the tender data, and
is able, in the opinion of the employer, to perform the contract free of conflicts of interest.
F.3.14
c)
d)
F.3.14.1 If necessary, revise documents that shall form part of the contract and that were issued by the employer
as part of the tender documents to take account of:
a)
b)
c)
F.3.14.2 Complete the schedule of deviations attached to the form of offer and acceptance, if any.
F.3.15
Unless alternative arrangements have been agreed or otherwise provided for in the contract, arrange for both
parties to complete formalities for appointing the selected adjudicator at the same time as the main contract is
signed.
F.3.16
F.3.16.1 Notify the successful tenderer of the employers acceptance of his tender offer by completing and
returning one copy of the form of offer and acceptance before the expiry of the validity period stated in the tender
data, or agreed additional period.
F.3.16.2 After the successful tenderer has been notified of the employers acceptance of the tender, notify other
tenderers that their tender offers have not been accepted.
F.3.17
Provide to the successful tenderer the number of copies stated in the Tender Data of the signed copy of the
contract as soon as possible after completion and signing of the form of offer and acceptance.
F.3.18
Provide upon request written reasons to tenderers for any action that is taken in applying these conditions of
tender, but withhold information which is not in the public interest to be divulged, which is considered to prejudice
the legitimate commercial interests of tenderers or might prejudice fair competition between tenderers.
Annex F
Reference No. 25G/2009/10
xvii
T1.1
Pages
Tender Notice and Invitation to Tender.................................................. 2
T1.2
Tender
Part T1: Tendering procedures
Reference No. 25G/2009/10
T1
Tendering procedures
Tender
Part T1: Tendering procedures
Reference No. 25G/2009/10
T1.1
Tender Notice and Invitation to Tender
Tender
Part T1: Tendering procedures
Reference No. 25G/2009/10
T1.2
Tender Data
Tender Data
F.1
General
F.1.1
Actions
Add the following:
For the purpose of the tender adjudication and award of the contract the Employer is the City of
Cape Town, represented by the Executive Director: Transport Roads and Stormwater.
The City of Cape Town is in the process of establishing the Cape Town Public Transport Entity,
a municipal entity established in terms of the Municipal Systems Act, Act 32 of 2000, to undertake
the administration of public transport services on its behalf in the City of Cape Town. On the
establishment of the Cape Town Public Transport Entity it will take over the responsibilities of
Employer in terms of this contract independently of the City of Cape Town through a cession of the
contract from the City of Cape Town to the Cape Town Public Transport Entity.
If on the date of award of the contract the Cape Town Public Transport Entity is already legally
constituted and has the capacity to do so it will act as the Employer and will conclude the
agreement with the successful tenderer. It will thereafter perform duties as the Employer.
F.1.2
Tender Documents
Add the following:
The following documents form part of this tender:
VOLUME 1:
The Conditions of Contract for Plant and Design-Build for Electrical and
Mechanical Works and for Building and Engineering Works Designed by the
Contractor, First Edition 1999 (Yellow Book), available separately from the
International Federation of Consulting Engineers (FIDIC).
This publication is available and tenderers must obtain copies at their own cost
from the South African Institution of Civil Engineering (SAICE) (tel 011 805 5947)
or the South African Association of Consulting Engineers (SAACE) (tel
011 463 2022).
Volume 1 may also be inspected, by appointment, at the offices of the Employer/Employers Agent
during normal office hours.
The tender documents issued by the Employer comprise:
VOLUME 2A: The returnable portion of the Tender Document (this document), in which is bound:
Tender
Part T1: Tendering procedures
Reference No. 25G/2009/10
T1.2
Tender Data
The Tender
Part T1: Tendering procedures
T1.1 Tender notice and invitation to tender
T1.2 Tender data
Part T2: Returnable Documents
T2.1 List of returnable documents
T2.2 Returnable schedules
The Contract
Part C1: Agreements and Contract Data
C1.1 Form of offer and acceptance
C1.2 Contract data
C1.3 Form of Performance Security - Demand Guarantee
C1.4 Occupational Health and Safety Agreement
Part C2: Pricing Data
C2.1 Pricing instructions
C2.2 Bills/Schedules of Quantities
VOLUME 2B:
The balance of the Tender Document, in which is bound:
Part C3: Scope of Work
C3.1 Description of the Works
C3.2 Engineering Design
C3.3 Installation of Works
C3.4 Testing and Commissioning
C3.5 Training
C3.6 Project Management
C3.7 Maintenance and upgrades
C3.8 Detailed Specifications: General
C3.9 Detailed Specifications: Onboard Systems
C3.10 Detailed Specifications: Control Centre
C3.11 Detailed Specifications: Smart Trunk Station
C3.12 Detailed Specifications: Smart Feeder Station
C3.13 Detailed Specifications: Bus Depots
C3.14 Detailed Specifications: Communication
C3.15 Detailed Specifications: Maintenance
C3.16 Detailed Specifications: Operations
C3.17 Glossary
Part C4: Site information
C4.1 Overview of System
C4.2 The proposed IRT System (Phase 1)
C4.3 Services Types
C4.4 Future Phases of the IRT System
C4.5 Description of Business Model
C4.6 ITS to be provided by Control Centre Contract
C4.7 Communication
C4.8 Drawings and Details
Volume 2A is deemed the Returnable Documents which must be returned to the Employer in
terms of submitting a tender offer. Volume 2B is non-returnable.
F.1.4
Tender
Part T1: Tendering procedures
Reference No. 25G/2009/10
T1.2
Tender Data
F.2
Tenderers obligations
F.2.1
Eligibility
Add the following to F.2.1.1:
Only those tenderers who satisfy the following criteria are eligible to submit tenders:
F.2.1.1.1
F.2.1.1.2
F.2.1.1.3
Key Personnel
Abbreviated Curriculum Vitae each the Key professional Personnel listed below and all Support
Personnel (including those provided by sub-contractors), limited to two A4 pages and including a
photograph, must be submitted as part of Schedule 7, Part T2.2: Returnable Schedules. Full
Curriculum Vitae may in addition be appended to Schedule 7.
The term professional as used above refers to a person who is registered with a recognized
institution or council. The proof of qualifications and registration numbers of these key professional
Tender
Part T1: Tendering procedures
Reference No. 25G/2009/10
T1.2
Tender Data
F.2.7
Clarification meeting
Add the following:
Arrangements for the clarification meeting will be as stated in the Tender Notice and Invitation to
Tender.
The clarification meeting will not be compulsory.
F.2.12
F.2.12.1
Tender
Part T1: Tendering procedures
Reference No. 25G/2009/10
T1.2
Tender Data
All proposed technical characteristics as well as the modified Pricing Data shall be submitted with
the alternative tender in order to allow the Employer/Employers Agent to fully evaluate the offer and
identify any deviation from specified requirements.
If subsequently required, the Tenderer shall submit fully detailed drawings and calculations of the
alternative tender in the form set out by the Employer/Employers Agent.
Tenderers are required to indicate alternative tender offers in Schedule 21: Alterations/
Amendments by Tenderer in T2.2 Returnable Schedules.
F.2.12.2
If a tenderer submits tenders for both this Tender and Tender no. 24G/2009/10 for the Design,
Supply, Delivery, Installation, Testing, Commissioning, and Maintenance of the IRT Automated
Fare Collection Hardware and Software, and Provision of Certain Related Services, any price
discounts that the tenderer wishes to include in its offer to the Employer in the event of the tenderer
being awarded both such tenders, shall be submitted by the tenderer under each such tender as an
alternative tender.
F.2.13
F.2.13.1
i)
Deviations
Where the Tenderer cannot tender in all respects in accordance with the foregoing provisions, such
deviations shall be clearly and separately listed in Schedule 21: Deviations and Qualifications by
Tenderer in T2.2 Returnable Schedules, or in a Tenderers covering letter.
The Employer/Employer, through his Agent, will examine such deviations but shall not be bound to
accept any such deviations or qualifications.
The sum tendered in the Tender Offer shall be deemed to include for all such deviations or
qualifications listed or referred to in Schedule 21: Deviations and Qualifications by Tenderer.
Deviations which are contained in literature, detailed or general descriptions, drawings, equipment
lists, etc. provided with the Tender but which are not clearly and separately listed as described
above will not be accepted by the Employer and the Tender shall be deemed to comply in all
respects with the foregoing provisions and all costs in this regard shall be for the Contractor's
account.
ii)
Options
The Tenderer may submit options for alternative materials or equipment to that specified for any of
the items in the Schedules of Quantities, which in his opinion are suitable and advantageous to the
Employer. The Employer/Employer through his Agent, will examine such options but shall not be
bound to accept any such options.
Such options shall be offered as separately priced items in a Tenderers covering letter which must
accompany the Tender under the heading Options. Such options shall NOT be listed in Schedule
21: Alterations/Amendments by Tenderer.
The sum tendered in the Tender Offer shall be deemed to exclude all such Options.
F2.13.2
F.2.13.3
F.2.13.4
Tender
Part T1: Tendering procedures
Reference No. 25G/2009/10
T1.2
Tender Data
F.2.13.5
The Employers address for delivery of tender offers and identification details to be shown on each
tender offer package are:
Location of tender box:
Physical address:
Identification details:
Sealed tenders with the Tenderers name and address and the endorsement TENDER NO.
25G/2009/10: DESIGN, SUPPLY, DELIVERY, INSTALLATION, TESTING, COMMISSIONING
AND MAINTENANCE OF THE IRT CONTROL CENTRE HARDWARE AND SOFTWARE
SYSTEMS" on the envelope, must be placed in the appropriate official tender box at the
abovementioned address.
F.2.13.6
F.2.15
F.2.15.1
F.2.16
F.2.16.1
F.2.17
F.2.18
F.2.18.1
Each party to a Consortium/Joint Venture shall submit separate certificates/statements in the above
regard.
F.2.23
Certificates
Add the following:
The tenderer is required to submit the following:
F.2.23.1
Tender
Part T1: Tendering procedures
Reference No. 25G/2009/10
T1.2
Tender Data
Certificate issued by SARS or proof that he or she has made arrangements with SARS to meet his
or her outstanding tax obligations.
Each party to a Consortium/Joint Venture that is a South African entity shall submit a separate Tax
Clearance Certificate, or proof that he or she has made the necessary arrangements with SARS.
F.2.23.2
F.3
F.3.4
F.3.4.1
Location: Tender Office, 5 Floor, Tower Block, Civic Centre, 12 Hertzog Boulevard , Cape Town.
F.3.8
F.3.11
F.3.11.1
General
Add the following:
In terms of Councils current Supply Chain Management Policy this project has been identified as a
Major Project (over R2 000 000,00) targeting enterprises with equity ownership by Historically
Disadvantaged Individuals (HDIs) performing as prime contractors, joint venture partnerships, subcontractors, suppliers, manufactures, and/or service providers.
As the Project Works required for this tender is considered to be of a complex nature, requiring
considerable expertise with respect to the specialized processes, controls and equipment specified
in the scope of work, it is considered essential that Tenderers should be suitably qualified and
experienced and have the necessary capability and resources. The procedure for the evaluation of
responsive tenders therefore, is Method 4: Financial offer, quality and preferences.
F.3.11.5
WC + NP where,
NT
WC
NP
=
=
=
and where
WC = W3 x [1 + (S Sm)] where,
Sm
W3
Tender
Part T1: Tendering procedures
Reference No. 25G/2009/10
the number of tender evaluation points available for quality and financial
offer and equals 90,
the sum of percentage scores for quality and financial offer of the
submission under consideration,
10
T1.2
Tender Data
Sm
the sum of percentage scores for quality and financial offer of the
submission scoring the highest number of points.
Pm =
P =
F.3.11.8
Pm
P
where,
Scoring Preferences
Add the following:
Points will be awarded to tenderers who complete the following Preferencing Schedule which is
included in T2.2 : Returnable Schedules:
Schedule 15: Preferencing Schedule (where preferences are granted in respect of HDI
Participation) and attached Annex A
Points for Preference
A maximum of 100 minus (WC) tender evaluation points will be awarded for preference (NOP) with
responsive tenders scoring points in accordance with the criteria listed below.
HDI Participation
A maximum of 10 tender evaluation points (NOP) will be awarded for HDI Participation with
responsive tenders under consideration scoring points according to the formula:
NP
NOP
Where NP
NOP
CPG1
=
=
=
CPG1
100
number of tender evaluation points awarded for HDI participation
10
tendered Contract Participation Goal in respect of HDI Participation (from
Schedule 15)
The conditions associated with the granting of preferences in respect of HDI Participation
(described in the Preferencing Schedule) shall apply to this Contract.
F.3.11.9
WQ
W2
SO
MS
=
=
=
=
W2 x SO
where,
MS
the percentage score achieved for quality,
the percentage score given to quality and equals 45,
the score for quality allocated to the submission under consideration,
the maximum possible score for quality in respect of a submission (50 points).
IMPORTANT NOTE: Tenderers that receive a score for SO of 40 or less quality points will be
excluded from further participation in the evaluation process.
F.3.11.9.1
Tender
Part T1: Tendering procedures
Reference No. 25G/2009/10
11
T1.2
Tender Data
The entity or at one of the participants of a joint venture constituting the entity submitting a tender,
should preferably, at the date of submission of the tender, have a company registered in South
Africa. The tendering entity or one of its participants must at the date of award of the contract, have
an established office through which all communication with the Employer will flow, and where a
significant portion of design work and all aspects of administration of the contract and its
implementation in terms of the contract will be carried out. The address of the local office, if
established at the time of tender submission, must be indicated on Schedule 1, Part T2.2:
Returnable Schedules, and which will be regarded as the domicilium citandi et executandi for the
purposes of any contract arising from this tender submission. In the case where the address of a
local office is not available at the time of tender submission the tenderer is to provided his overseas
address.
The tenderer is required under Clause F.1.1.2 to submit information on the experience of the local
South African component of tenderers resources on similar projects to be appended to Schedules 3
and 4 Part T2.2 Returnable Schedules.
Overseas component of tendering entity
Tenderers are encouraged to secure an overseas component having proven experience on similar
systems already in operation, to form part of the tendering entity.
The tenderer is required under Clause F.1.1.2 to submit information on the experience that the
overseas component of tenderers resources has had on similar projects to be appended to
Schedules 3 and 4, Part T2.2 Returnable Schedules.
Split of work between local and overseas professional staff components
The tender is required to submit an assessment of the extent of the design and implementation
functions that will be undertaken by professional staff resources originating from the tenderers
South African and overseas components. These are to be provided in man-hours of key
professional staff, support staff and any other human resources must in addition be provided. The
figures include tenderers own resources, either as a sole entity or a joint venture, and any subcontractors.
The tenderer is required under Clause F.1.1.2 to submit information on the analysis to be appended
to Schedule 5, Part T2.2 Returnable Schedules.
Split of contract claims between local and overseas
The tender is required to submit an assessment of the projected contract claims in Rands for
resources that will be acquired from the tenderers South African and overseas components
respectively. These are to be provided for (i) human resources and (ii) for equipment, parts and
software to be purchased for installation. The figures should include the tenderers own resources,
either as a sole entity or a joint venture, and any sub-contractors.
The tenderer is required under Clause F.1.1.2 to submit information on the analysis to be appended
to Schedule 5, Part T2.2 Returnable Schedules.
F.3.11.9.2
Subcriteria
1
1.1
S1
1.2
S2
2
2.1
2.2
2.3
2.4
S3
S4
S5
S6
Tender
Part T1: Tendering procedures
Reference No. 25G/2009/10
Description
Experience of tenderer through evidence of having
undertaken similar work and having resources and
skills available for the project
Establishment, qualifications and demonstration of
experience and professional capacity in South Africa in
relation to the scope of work
International experience and capacity outside South
Africa and which will complement the tenderers
capability in relation to the scope of work
Work Plan: quality of technical proposal, technical merit
and response to the proposed scope of work/project
design/implementation under headings below
Bus scheduling and tracking systems
Passenger information systems
CCTV communication systems
Control centre
12
Maximum
score
10
10
5
5
5
5
T1.2
Tender Data
S7
10
MS
50
The minimum SO score for quality is 40. Tenderers that fail to achieve the minimum score for
quality will be rejected.
Where the entity tendering is a Joint Venture the tender must be accompanied by a statement
describing exactly what aspects of the work will be undertaken by each party to the joint venture
(appended to Schedule 2, Part T2.2: Returnable Schedules).
A more detailed explanation of the quality criteria to be applied during the evaluation of tenders is
given below:
Item 1: Experience of tenderer through evidence of having undertaken similar work and
having resources and skills available for the project S1 and S2
Tenders will be evaluated based on the proven experience of the tenderer on other successful
projects of the same or similar type as that forming this Contract. Sub-criterion S1 will require the
tenderer to show evidence of their establishment in South Africa, their offices and systems and the
qualifications, key professional staff and support staff that they will make available for the execution
of the design and implementation components of the project. The score will be based on the
proven capacity of the local team put forward toward contributing to the success of the project. S2
will similarly be scored based on the qualifications of key professional staff and support staff
sourced from the overseas component of the overall team.
The tenderer is required to submit a statement describing which aspects of the work will be
undertaken by the local component and the overseas component of the project team, and to
estimate the man-days of the local and overseas components of the project team that will
undertake the design and implementation components respectively. Scores assigned for subcriterion S1 will be reduced by 2 points where the component of local resources is less than 50%
and 4 points where the component of local resources is less than 33% of the total teams proposed
man-days, in accordance with the information provided in Schedule 5, Part T2.2 Returnable
Schedules.
Item 2: Work Plan: quality of technical proposal, technical merit and response to the
proposed Scope of Work/Project Design S3 to S6
The technical proposal must be included in the work plan required as part of the Schedule 9, Part
T2.2 Returnable Documents. The document will be evaluated under sub-criteria items S3 to S6
primarily to enable evidence to be scored demonstrating that the tenderer has a sound
understanding of the Scope of Work and how this will be applied in the Contract. Scores will be
assigned based on the clarity, logic and proof that the tenderer will be able to discharge his
obligations. The technical proposal should include concepts of the design of the system and
should be drafted for reading by persons not necessarily qualified in the electronics field.
Item 3: Demonstration of a working model proving functionality of system being offered to
meet objectives and scope of work S7
Tenderers will be required to demonstrate the functionality of the systems and subsystems being
offered. The objective of this part of the evaluation will be to provide the Employer with confidence
that tenderers have the expertise, capability and experience to meet the objectives, functionality
and specifications of the contract. The process of considering such examples will have a direct
bearing on the score for subcriterion S7 but will also indirectly influence the scores allocated to
other subcriteria.
The tenderer must in his tender propose the manner and process of providing the appropriate
demonstration, and will be responsible for costs of developing any prototype, model or working
system that will meet the requirements of providing the Employer with the confidence in his
capabilities. The demonstration must take place in Cape Town on a date to be made known to the
tenderer within 14 days after the submission of tenders, and should allow for a period not
exceeding 3 hours. Where the demonstration takes the form of a presentation a suitable venue will
be provided by the Employer.
F.3.11.10
Tender
Part T1: Tendering procedures
Reference No. 25G/2009/10
13
T1.2
Tender Data
F.3.11.11
F3.13
F.3.13.1
F.3.18
F.4
F.4.1
Tender
Part T1: Tendering procedures
Reference No. 25G/2009/10
14
T1.2
Tender Data
Tenderers are to note that the Contractor is required to ensure that all sub-contractors or others engaged
in the performance of the contract also comply with the above requirements.
The Contractor shall prepare and maintain a Health and Safety File in respect of the project, which shall
be available for inspection on Site at all times and handed over to the Employer on Final Completion of
the project.
The Contractor is required to submit to the Employer the Occupational Health and Safety Agreement
(included in C1.4 of the Contract Document) and a letter of good standing from the Compensation
Commissioner, or a licensed compensation insurer, within 14 days from the Commencement Date of the
contract.
F.4.2
F.4.3
inspected the Contract Drawings and read and fully understood the Conditions of Contract,
2)
read and fully understood the whole text of the Scope of Work and Pricing Data and thoroughly
acquainted himself with the nature of the works proposed and generally of all matters which may
influence the Contract,
3)
acquainted himself with any limitations or restrictions that may be imposed by the Municipal or other
Authorities in regard to access and transport of materials and equipment to and from the site and
made the necessary provisions for any additional costs involved thereby, and
4)
requested the Employer or his duly authorised agent to make clear the actual requirements of
anything shown on the Contract Drawings or anything contained in the Scope of Work and Pricing
Data, the exact meaning or interpretation of which is not clearly intelligible to the Tenderer.
5)
received any Addenda to the tender documents which have been issued in accordance with the
Employers Supply Chain Management Policy.
Before submission of any tender, the Tenderer should check the number of pages, and if any are found
to be missing or duplicated, or the figures or writing indistinct, or if the Pricing Data contain any obvious
errors, the Tenderer must apply to the Employer/Employers Agent at once to have the same rectified, as
no liability will be admitted by the Employer/Employers Agent in respect of errors in any tender due to
the foregoing.
F.4.4
F.4.5
Invalid tenders
Tenders shall be considered invalid and shall be endorsed and recorded as such in the tender opening
record, by the responsible official who opened the tender, in the following circumstances:
a)
if the tender offer is not submitted on the Form of Offer and Acceptance bound into this tender
document (form C1.1, Part C1: Agreements and Contract Data);
b)
if the tender is not completed in non-erasable ink;
c)
if the Form of Offer and Acceptance has not been signed;
d)
if the Form of Offer and Acceptance is signed, but the name of the tenderer is not stated or is
indecipherable.
Tender
Part T1: Tendering procedures
Reference No. 25G/2009/10
15
T1.2
Tender Data
F.4.6
F.4.7
full name;
the provider is in the service of the state, or has been in the service of the state in the previous
twelve months;
if the provider is not a natural person, whether any of the directors, managers, principal
shareholders or stakeholders is in the service of the state, or has been in the service of the
state in the previous twelve months; or
whether a spouse, child or parent of the provider or of a director, manager, share holder or
stakeholder referred to above is in the service of the state, or has been in the service of the
state in the previous twelve months.
Irrespective of the procurement process followed, the City is prohibited from making an award to a
person:
if the person is not a natural person, a juristic entity of which any director, manager or principal
shareholder or stakeholder is in the service of the state; or
F.4.8
F.4.9
UIF payments
The Tenderer shall submit to Council a letter from the Industrial Council indicating his good standing with
regard to UIF payments upon being requested to do so.
F.4.10
Tender
Part T1: Tendering procedures
Reference No. 25G/2009/10
16
T1.2
Tender Data
F.4.11
Price variations
The Contract Price shall be subject to adjustment for changes in cost in accordance with the Conditions
of Contract as amended and amplified in the Appendix to tender and Particular Conditions in Part C1.2
Contract Data.
F.4.12
F.4.13
F.4.14
Electronic copies of the contract document, or parts thereof, will only be provided to tenderers
who have been issued with the tender documents as contemplated in F.1.2 in hardcopy.
(b)
The electronic version shall not be regarded as a substitute for the issued tender documents.
(c)
The Employer shall not accept tenders submitted in electronic format. Tenderers may not
complete and submit a printed copy of the electronic version of the tender document or part
thereof. Only those tenders that have been completed on the issued hard copy tender document
shall be considered.
(d)
The Employer accepts no responsibility or liability arising from any reliance on or use of the
electronic version provided in terms of this clause. The Employer further does not guarantee that
the electronic version corresponds with the issued tender documents in all respects. Tenderers
are alerted to the fact that electronic versions of the tender documents may not reflect any notices
or addenda that amend the tender document.
(e)
Any non-compliance with these provisions, including effecting any unauthorised alterations to the
tender document as contemplated in F.2.11, shall render the tender invalid. The Employer
reserves the right to take any action against such tenderer allowed in law including, in
circumstances where the tender had already been awarded, the right to cancel the contract.
(f)
In utilising the electronic version of the tender document or parts thereof, the tenderer is deemed
to have read, understood and accepted all of the above conditions.
F.4.15
F.4.15.1
F.4.15.1.1
reflecting the full legal name, principal address or place of business, place of incorporation and
registered number of incorporation of each party to the agreement;
F.4.15.1.2
reflecting the name under which the business of the joint venture, consortium or partnership shall be
carried on;
F.4.15.1.3
nominating one member of the tenderer as the Lead Member for the purposes of this tender;
F.4.15.1.4
authorizing the Lead Member to undertake all such financial administration of the contract as may
be required for purposes of payment of the contractor by the Employer;
F.4.15.1.5
imposing joint and several liability on each of the parties to the consortium, partnership or joint
venture for all obligations in relation to this tender and, if the tenderer is successful in the tender
process, all obligations under the contract;
F.4.15.1.6
reflecting exactly what aspects of the work will be undertaken by, and the percentage of the
contribution to be made to the contract by, each party to the joint venture, consortium or partnership.
Tender
Part T1: Tendering procedures
Reference No. 25G/2009/10
17
T1.2
Tender Data
F.4.15.2
F4.16
F4.17
F.4.18
Assignment
In December 2008, the City resolved, in terms of section 78(4) of the Local Government: Municipal
Systems Act No, 32 of 2000 ("the Municipal Systems Act) and subject to the outcome of the process
prescribed by section 84 of the Local Government: Municipal Finance Management Act No. 56 of
2003 ("MFMA") to support the establishment of a municipal entity (the Cape Town Public Transport
Entity or PT Entity) for the provision of certain municipal public transport services. The City has
embarked on the process prescribed by section 84 of the MFMA and anticipates being in a position
either to approve or to disapprove the establishment of the PT Entity during the second half of 2009.
If the City does establish the PT Entity, then it will consider assigning to the PT Entity (as
contemplated in section 81 of the Municipal Systems Act) various municipal public transport
responsibilities, including the responsibility to procure IRT-related contractors and to conclude
agreements with those contractors.
As at the date of issuing this Invitation to Tender, the City has not determined whether or not it will
establish an PT Entity.
If the City does establish the PT Entity, then it may wish to assign its rights and obligations under
the contract to the PT Entity. The contract will give the City the right to effect such assignment
without the consent of the Control Centre Contractor.
Tender
Part T1: Tendering procedures
Reference No. 25G/2009/10
18
T1.2
Tender Data
T2.1
Pages
List of Returnable Documents .......................................................20 21
T2.2
Tender
Part T2: Returnable Documents
Reference No. 25G/2009/10
19
T2
Returnable Documents
1.
2.
3.
Pages
COMPULSORY ENTERPRISE QUESTIONNAIRE .......................................................................23 - 24
CERTIFICATE OF AUTHORITY FOR JOINT VENTURES ..................................................................25
SCHEDULE OF DESIGN EXPERIENCE ......................................................................................26 27
SCHEDULE OF IMPLEMENTATION EXPERIENCE....................................................................28 29
COSTS OF STAFF AND OTHER RESOURCES FROM RSA AND OVERSEAS....................30 31
SCHEDULE OF SUBCONTRACTORS .................................................................................................32
DETAILS OF EXPERIENCE OF KEY PROFESSIONAL PERSONNEL ......................................33 37
TENDERERS UNDERTAKING TO EMPLOY KEY PROFESSIONAL PERSONNEL..........................38
WORK PLAN AND TIMELINES.............................................................................................................39
DETAILS OF TENDERERS WORKSHOP FACILITIES.......................................................................40
TAX CLEARANCE CERTIFICATE ........................................................................................................41
BARGAINING COUNCIL CERTIFICATE ..............................................................................................42
FINANCIAL STATEMENTS FOR CONTRACTS OVER R10 MILLION................................................43
PARTICULARS OF CONTRACTS AWARDED TO TENDERER DURING PAST FIVE YEARS.........44
CONFIRMATION OF REGISTRATION ON CoCT SAP VENDOR DATABASE ..................................45
HEALTH AND SAFETY PLAN...............................................................................................................46
DECLARATION IN TERMS OF THE MUNICIPAL FINANCE MANAGEMENT ACT ...........................47
CERTIFICATE FOR MUNICIPAL SERVICES AND PAYMENTS TO SERVICE PROVIDER .............48
Preferencing Schedule
22:
PREFERENCING SCHEDULE (where preferences are granted in respect of HDI
Participation) .................................................................................................................................52 - 57
Information to be provided with the Tender
23:
CORRESPONDENCE WITH BUS MANUFACTURERS ......................................................................58
Technical Data Sheets
24:
TECHNICAL DATA SHEETS..........................................................................................................59 - 69
Price Basis for Imported Equipment (included in C2: Pricing Data)
25:
PRICE BASIS FOR IMPORTED EQUIPMENT .....................................................................................70
Tender
Part T2: Returnable documents
Reference No. 25G/2009/10
20
T2.1
List of Returnable Documents
4.
C1.1
5.
C1.2
6.
C2.2
Bills/Schedules of Quantities
NB:
Tender
Part T2: Returnable documents
Reference No. 25G/2009/10
21
T2.1
List of Returnable Documents
Tender
Part T2: Returnable documents
Reference No. 25G/2009/10
22
T2.2
Returnable Schedules
Name of enterprise: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address of enterprise: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
........................................................
........................................................
Section 2:
Section 3:
Section 4:
Name*
Identity number*
* Complete only if sole proprietor or partnership and attach separate page if more than 3 partners
Section 5:
Tender
Part T2: Returnable documents
Reference No. 25G/2009/10
23
T2.2
Returnable Schedules
Status of service
(tick appropriate column)
current
Within last
12 months
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:
Status of service
(tick appropriate
column)
current Within last
12 months
The undersigned, who warrants that he/she is duly authorised 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 the 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 Act 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 those responsible for compiling the scope of
work that could cause or be interpreted as a conflict of interest;
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.
Tender
Part T2: Returnable documents
Reference No. 25G/2009/10
.............................................
24
T2.2
Returnable Schedules
ADDRESS
DULY AUTHORISED
SIGNATORY
Lead partner
Signature..
Name
Designation..
Signature..
Name
Designation..
Signature..
Name
Designation..
Signature..
Name
Designation..
Note :
A copy of the Joint Venture Agreement (refer to F.2.13.1 in Part T1.2) showing clearly the percentage
contribution of each partner to the Joint Venture shall be appended to this schedule.
Tender
Part T2: Returnable documents
Reference No. 25G/2009/10
25
T2.2
Returnable Schedules
ENGINEER
(NAME, TEL No.
AND FAX No.)
Tender
Part T2: Returnable documents
Reference No. 25G/2009/10
NATURE OF WORK
26
VALUE
OF
WORK
R(m)
DATE
COMPLETED
T2.2
Returnable Schedules
ENGINEER
(NAME, TEL No.
AND FAX No.)
NATURE OF WORK
VALUE
OF
WORK
R(m)
ANTICIPATED
COMPLETION
DATE
Number of sheets appended by the tenderer to this Schedule ....................... (If nil, enter NIL).
Tender
Part T2: Returnable documents
Reference No. 25G/2009/10
.............................................
27
T2.2
Returnable Schedules
ENGINEER
(NAME, TEL No.
AND FAX No.)
Tender
Part T2: Returnable documents
Reference No. 25G/2009/10
NATURE OF WORK
28
VALUE
OF
WORK
R(m)
DATE
COMPLETED
T2.2
Returnable Schedules
CURRENT CONTRACTS
EMPLOYER
(NAME, TEL No.
AND FAX No.)
ENGINEER
(NAME, TEL No.
AND FAX No.)
NATURE OF WORK
VALUE
OF
WORK
R(m)
ANTICIPATED
COMPLETION
DATE
Number of sheets appended by the tenderer to this Schedule ....................... (If nil, enter NIL).
Tender
Part T2: Returnable documents
Reference No. 25G/2009/10
.............................................
29
T2.2
Returnable Schedules
SCHEDULE 5 : COSTS FOR STAFF AND OTHER RESOURCES FROM IN RSA AND OVERSEAS
The tenderer shall insert in the spaces provided below an assessment of the number of man-days and the Rand
value of time to be claimed through contract payments as incurred through employing professional and other
human resources on the Contract, sourced in South Africa and overseas.
MAN-HOURS AND RAND VALUE CLAIMED FOR CONTRACT STAFF
ITEM
PROFESIONAL STAFF
SOURCED IN RSA
DESCRIPTION
MAN-DAYS
1
DESIGN
INSTALLATION
R MILLION
PROFESIONAL STAFF
SOURCED OVERSEAS
MAN-DAYS
R MILLION
TOTALS
MAN-DAYS
R MILLION
TRAINING
OPERATIONS
MAINTENANCE
TOTALS
100%
PERCENTAGE
Number of sheets appended by the tenderer to this Schedule ....................... (If nil, enter NIL).
Tender
Part T2: Returnable documents
Reference No. 25G/2009/10
.............................................
30
T2.2
Returnable Schedules
The tenderer shall insert in the spaces provided below an assessment of the projected contract payments in
Rands for all equipment, parts, software, leases and other costs for all aspects of the Contract, sourced in South
Africa and overseas.
PROJECTED CONTRACT PAYMENTS: EQUIPMENT, PARTS AND SOFTWARE ETC
R MILLION
ITEM
DESCRIPTION
DESIGN
INSTALLATION
TRAINING
OPERATIONS
MAINTENANCE
SOURCED
OVERSEAS
SOURCED IN RSA
TOTAL
TOTALS
PERCENTAGE
Tender
Part T2: Returnable documents
Reference No. 25G/2009/10
100%
.............................................
31
T2.2
Returnable Schedules
Subcontractor Name/Address/Contact
Person/Phone/Fax/Details Of
Organisation/Firm Experience
Estimated
Cost of Work
(Rand)
Number of sheets appended by the tenderer to this Schedule ....................... (If nil, enter NIL).
Tender
Part T2: Returnable documents
Reference No. 25G/2009/10
.... .........................................
32
T2.2
Returnable Schedules
CONTRACTORS REPRESENTATIVE
NAME
PROFESSIONAL
REGISTRATION
NO (IF
APPLICABLE)
PROPOSED
NUMBER OF
MONTHS
AVAIABLE FOR
CONTRACT
Number of sheets appended by the tenderer to this Schedule ....................... (If nil, enter NIL).
Tender
Part T2: Returnable documents
Reference No. 25G/2009/10
33
T2.2
Returnable Schedules
PROFESSIONAL
REGISTRATION
NO (IF
APPLICABLE)
PROPOSED
NUMBER OF
MONTHS
AVAIABLE FOR
CONTRACT
Number of sheets appended by the tenderer to this Schedule ....................... (If nil, enter NIL).
PROFESSIONAL
REGISTRATION
NO (IF
APPLICABLE)
PROPOSED
NUMBER OF
MONTHS
AVAIABLE FOR
CONTRACT
Number of sheets appended by the tenderer to this Schedule ....................... (If nil, enter NIL).
Tender
Part T2: Returnable documents
Reference No. 25G/2009/10
34
T2.2
Returnable Schedules
OPERATIONS MANAGER
NAME
PROFESSIONAL
REGISTRATION
NO (IF
APPLICABLE)
PROPOSED
NUMBER OF
MONTHS
AVAIABLE FOR
CONTRACT
Number of sheets appended by the tenderer to this Schedule ....................... (If nil, enter NIL).
MAINTENANCE MANAGER
NAME
PROFESSIONAL
REGISTRATION
NO (IF
APPLICABLE)
PROPOSED
NUMBER OF
MONTHS
AVAIABLE FOR
CONTRACT
Number of sheets appended by the tenderer to this Schedule ....................... (If nil, enter NIL).
Tender
Part T2: Returnable documents
Reference No. 25G/2009/10
35
T2.2
Returnable Schedules
PROFESSIONAL
REGISTRATION
NO (IF
APPLICABLE)
PROPOSED
NUMBER OF
MONTHS
AVAIABLE FOR
CONTRACT
Number of sheets appended by the tenderer to this Schedule ....................... (If nil, enter NIL).
SUPPORT IMPLEMENTATION STAFF RESOURCES
NAMES
PROFESSIONAL
REGISTRATION
NO (IF
APPLICABLE)
PROPOSED
NUMBER OF
MONTHS
AVAIABLE FOR
CONTRACT
Number of sheets appended by the tenderer to this Schedule ....................... (If nil, enter NIL).
Tender
Part T2: Returnable documents
Reference No. 25G/2009/10
36
T2.2
Returnable Schedules
PROFESSIONAL
REGISTRATION
NO (IF
APPLICABLE)
PROPOSED
NUMBER OF
MONTHS
AVAIABLE FOR
CONTRACT
Number of sheets appended by the tenderer to this Schedule ....................... (If nil, enter NIL).
Tender
Part T2: Returnable documents
Reference No. 25G/2009/10
37
T2.2
Returnable Schedules
POSITION
NAME OF PROFESSIONAL
CONTRACTORS REPRESENTATIVE
IMPLEMENTATION PROFESSIONAL
OPERATIONS MANAGER
MAINTENANCE MANAGER
Note: Key details and Curriculum Vitae of these personnel are to form part of Schedule 7.
Tender
Part T2: Returnable documents
Reference No. 25G/2009/10
38
T2.2
Returnable Schedules
Tender
Part T2: Returnable documents
Reference No. 25G/2009/10
39
T2.2
Returnable Schedules
The tenderer shall state below what workshop facilities will be available for this Contract.
...................................................................................................................................................................................................
...................................................................................................................................................................................................
...................................................................................................................................................................................................
...................................................................................................................................................................................................
...................................................................................................................................................................................................
...................................................................................................................................................................................................
Address of Workshop ..............................................................................................................................................................
...................................................................................................................................................................................................
...................................................................................................................................................................................................
...................................................................................................................................................................................................
Number of Artisans Normally
Employed by Firm ..................................................................................................................................................................
..................................................................................................................................................................
Number of Technically Qualified
Persons Employed
Tender
Part T2: Returnable documents
Reference No. 25G/2009/10
...........................................................................................................................
.............................................
40
T2.2
Returnable Schedules
Tender
Part T2: Returnable documents
Reference No. 25G/2009/10
.............................................
41
T2.2
Returnable Schedules
Tender
Part T2: Returnable documents
Reference No. 25G/2009/10
.............................................
42
T2.2
Returnable Schedules
Tender
Part T2: Returnable documents
Reference No. 25G/2009/10
.............................................
43
T2.2
Returnable Schedules
ORGAN OF STATE
(NAME, TEL No.
AND FAX No.)
DESCRIPTION OF
CONTRACT
VALUE
OF
WORK
R(m)
DATE
COMPLETED/
CURRENT
Number of sheets appended by the tenderer to this Schedule ....................... (If nil, enter NIL).
Tender
Part T2: Returnable documents
Reference No. 25G/2009/10
.............................................
44
T2.2
Returnable Schedules
COMPANY NAME
REGISTERED
YES/NO
REGISTRATION NUMBER
IF APPLICABLE
Tenderers who are not registered and verified on the CoCT SAP Vendor Database are not precluded from submitting
tenders, but must be registered prior to the evaluation of tenders in order for their tenders to be responsive.
In this regard it is the sole responsibility of tenderers to ensure that this requirement is complied with. In the case of
Joint Venture Partnerships this requirement will apply to each party to the Joint Venture.
Tender
Part T2: Returnable documents
Reference No. 25G/2009/10
.............................................
45
T2.2
Returnable Schedules
Details of the Health and Safety Plan shall be appended to this Schedule.
Number of sheets appended by the tenderer to this Schedule ....................... (If nil, enter NIL).
Tender
Part T2: Returnable documents
Reference No. 25G/2009/10
.............................................
46
T2.2
Returnable Schedules
Question
Is the Tenderer or any of its directors listed on the National Treasurys database as a company or
person prohibited from doing business with the public sector?
(Companies or persons who are listed on this database were informed in writing of this
restriction by the National Treasury after the audi alteram partem rule was applied).
1.1.1
1.2
Is the Tenderer or any of its directors listed on the Register for Tender Defaulters in terms of
section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004)?
(To access this Register enter the National Treasurys website, www.treasury.gov.za, click
on the icon Register for Tender Defaulters or submit your written request for a hard copy
of the Register to facsimile number (012) 3265445).
1.2.1
1.3
Was the Tenderer or any of its directors convicted by a court of law (including a court of law
outside the Republic of South Africa) for fraud or corruption during the past five years?
1.3.1
1.4
1.4.1
1.5
1.5.1
Yes
Yes
No
No
Yes
No
Yes
No
Does the Tenderer or any of its directors owe any municipal rates and taxes or municipal charges
to the municipality / municipal entity, or to any other municipality / municipal entity, that is in
arrears for more than three months?
If so, furnish particulars:
Yes
No
Was any contract between the Tenderer and the municipality / municipal entity or any other organ
of state terminated during the past five years on account of failure to perform on or comply with the
contract?
If so, furnish particulars:
Yes
No
CERTIFICATION
I, THE UNDERSIGNED (FULL NAME) ..................................................
CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM TRUE AND CORRECT.
I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT, ACTION MAY BE TAKEN AGAINST ME
SHOULD THIS DECLARATION PROVE TO BE FALSE.
...
Signature
..
Date
.
Position
..
Name of Tenderer
*where the entity tendering is a joint venture, each party to the joint venture must sign a declaration in terms of
the Municipal Finance Management Act and attach it to this schedule
Tender
Part T2: Returnable documents
Reference No. 25G/2009/10
47
T2.2
Returnable Schedules
Information required in terms of the Citys Supply Chain Management Policy, Clauses 45.1 and 112.2
BID NO: 25G/2009/10: DESIGN, SUPPLY, DELIVERY, INSTALLATION, TESTING, COMMISSIONING AND
MAINTENANCE OF THE IRT CONTROL CENTRE HARDWARE AND SOFTWARE SYSTEMS
NAME OF THE BIDDER: ..
FURTHER DETAILS OF THE BIDDER/S; Proprietor / Director/s / Partners, etc:
Physical Business address of the Bidder
Municipal Account number(s)
If there is not enough space for all the names, please attach the additional details to the Bid Document
Name of Director /
Physical residential address of
Municipal
Identity Number
Member / Partner
Director / Member / Partner
Account number(s)
________________________________________
Signature
THUS DONE AND SIGNED for and on behalf on the Bidder / Contractor
at .. on the . day of .
(PLACE)
(DATE)
(MONTH)
20.
(YEAR)
Please Note:
Even if the requested information is not applicable to the Bidder, the table above should be endorsed Not
Applicable and THIS DECLARATION MUST STILL BE SIGNED
Tender
Part T2: Returnable documents
Reference No. 25G/2009/10
48
T2.2
Returnable Schedules
To:
From:
_________________________________________________________
(Name of Bidder or consortium)
.
Signature
THUS DONE AND SIGNED for and on behalf of the Bidder / Contractor
at .. on the . day of .
(PLACE)
Tender
Part T2: Returnable documents
Reference No. 25G/2009/10
(DATE)
(MONTH)
49
20.
(YEAR)
T2.2
Returnable Schedules
Title or Details
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Signed
Date
Name
Position
Tenderer
Tender
Part T2: Returnable documents
Reference No. 25G/2009/10
50
T2.2
Returnable Schedules
PAGE/ITEM
CLAUSE/DESCRIPTION
Number of sheets appended by the tenderer to this Schedule ....................... (If nil, enter NIL).
Tender
Part T2: Returnable documents
Reference No. 25G/2009/10
.... .........................................
51
T2.2
Returnable Schedules
1)
achieve the tendered contract participation goal in respect of HDI equity ownership (CPG1) by means of one or more of the
following:
by virtue of his/her HDI Ownership percentage in a Joint Venture Partnership (Method 2);
by awarding contracts to HDI suppliers, manufacturers and services providers (Method 4).
Notes:
Methods 1 and 2 afford the Prime Contractor/Joint Venture Partnership opportunity to obtain preference points for HDI
participation based on the award value less the value of all sub-contractors (Method 3) and less the value of suppliers
(materials), manufacturers and service providers, which are claimed in Method 4. Methods 1 and 2 may not be claimed
together.
In Method 3 it is mandatory for the Prime Contractor/Joint Venture Partnership to list all his sub-contractors (irrespective
of their HDI equity ownership) and the total value of all the sub-contractors will be deducted from the award value in
Methods 1 or 2 as applicable. This means that, if the total HDI percentage calculated for all sub-contractors in Method 3
is less than that of the Prime Contractor/Joint Venture Partnership, then a lower overall
Tender
Part T2: Returnable documents
Reference No. 25G/2009/10
52
T2.2
Returnable Schedules
2)
3)
4)
5)
6)
HDI participation percentage will be achieved and the tenderer must tender a lower contract participation goal
accordingly.
The value of work performed by sub-contractors shall be the fully inclusive prices claimed by the sub-contractors
(including labour, plant, equipment, materials, overheads, profits, etc.) but shall exclude VAT and the Prime Contractors
mark-up.
Method 4 affords the Prime Contractor/Joint Venture Partnership opportunity to claim additional HDI percentage where
his suppliers (materials), manufacturers and services providers HDI percentage, in each case, are greater than his own
HDI percentage.
The value of the suppliers, manufacturers and service providers contribution shall be the fully inclusive prices claimed
by the suppliers, manufacturers and service providers, but shall exclude VAT and the Prime Contractors mark-up.
The Employer reserves the right to reject a tender if, in the opinion of the Employer, the tenderer will be unable to
achieve the contract participation goal tendered, in the performance of the contract.
The attention of tenderers is draw to the fact that, in order to achieve HDI Participation goals in respect of subcontractors, suppliers, manufacturers and/or service providers, the Contractor shall ensure that all such are registered
and verified on the Western Cape Supplier Database. The Employer shall not accept any claim for achieving HDI
participation in respect of the Contractor, sub-contractors, etc. unless they are all registered and verified. For further
enquires in this regard contact the TradeWorld WCSD Help Desk on 0861-225577 or 021-680 4600, or e-mail:
supplierdatabase@tradeworld.net
complete the supporting HDI Contract Participation Goal Calculation (CPG 1) contained in Annex A attached;
complete the Tender Preference Claim in respect of HDI participation contained in Section 4 below;
deliver to the Employer, within 5 working days of being requested in writing to do so, a Joint Venture Agreement, should a
joint venture be proposed at prime contract level;
deliver to the Employer, within 5 working days of being requested in writing to do so, a HDI Participation Declaration Affidavit
in respect of all HDI owned enterprises engaged at prime contract level to satisfy Contract Participation Goal undertakings;
accept the sanctions set out in Section 3 below should such conditions be breached.
3 SANCTIONS
In the event that the Tenderer fails to substantiate that any failure to achieve the Contract Participation Goal relating to the granting
of a preference was due to quantitative under runs, the elimination of items, or any other reason beyond the Contractors control
which may be acceptable to the Employer, it shall be liable to pay to the Employer a financial penalty calculated in the following
manner:
where
0,15 x (D Do) x NA
(100)
D
Do
=
=
NA
P
=
=
..............%
IN RESPECT OF HDI
Where no figures are inserted in the above claim the tendered Contract Participation Goal in respect of HDI Participation
(CPG1) will be deemed to be nought. Where discrepancy occurs between the figures on this declaration and any other
supporting calculations this declaration shall take precedence.
The undersigned, who warrants that he / she is duly authorised to do so on behalf of the firm, sole proprietor or Joint Venture
confirms that he / she understands the conditions under which such preferences are granted and confirms that the tenderer
satisfies the conditions pertaining to the granting of tender preferences.
Signature : ....................................................................................................................................
Name : ..........................................................................................................................................
Duly authorised to sign on behalf of ............................................................................................
Telephone : ......................................................................
Fax : .........................................................................
Date : ...............................................................
Tender
Part T2: Returnable documents
Reference No. 25G/2009/10
53
T2.2
Returnable Schedules
Annex A
HDI CONTRACT PARTICIPATION GOAL CALCULATION
This annex shall be used by Tenderers to calculate their tendered HDI Contract Participation for a given Contract.
1.
TENDER PARAMETERS
Sum tendered exclusive of VAT
.............................................
.............................................
.............................................
Net Amount
.............................................
(A)
2.
3.
3.1
.........................................%
(B)
..........................................
(A)
Less:
(C)
(D)
Sub-Total
Less:
(E1)
(B)%
Tender
Part T2: Returnable documents
Reference No. 25G/2009/10
(E1)
(A)
........................................%
54
(F)
T2.2
Returnable Schedules
3.2
Method #2:
(A)
(C)
(D)
Sub-Total
Less:
(E2)
Value of (E2)performed
by each JV Partner
(B)
(G)
(B)%
(G)
(A)
Tender
Part T2: Returnable documents
Reference No. 25G/2009/10
% HDI equity
ownership towards
participation
percentage
55
(E2)
T2.2
Returnable Schedules
(H)
3.3
% HDI
equity
ownership
Value of work to be
undertaken
(I)
(J)
% HDI equity
ownership towards
participation
percentage
(I)%
(J)
(A)
(C)
Tender
Part T2: Returnable documents
Reference No. 25G/2009/10
56
T2.2
Returnable Schedules
(K)
3.4
Method #4: by awarding contracts to HDI suppliers, manufacturers and service providers
HDI suppliers, manufacturers and
service providers
(employed by Prime Contractor)
% HDI
equity
ownership
Value of contribution
(L)
(M)
% HDI equity
ownership towards
participation
percentage
(L)%
(M)
(A)
(D)
4.
(N)
Total for
..........................................%
(F)
..........................................%
(H)
AND/OR
Method #3 (refer 3.3)
..........................................%
(K)
AND/OR
Method #4 (refer 3.4)
..........................................%
(N)
Tender
Part T2: Returnable documents
Reference No. 25G/2009/10
57
..........................................%
T2.2
Returnable Schedules
Bus Supplier
Contact Person
Date of Correspondence
Tender
Part T2: Returnable documents
Reference No. 25G/2009/10
58
T2.2
Returnable Schedules
Tender
Part T2: Returnable documents
Reference No. 25G/2009/10
59
T2.2
Returnable Schedules
Item
Requirement
Comply
(Y/N)
Comments
1.a
The AVL shall provide a positional accuracy of +/15 meters, 95% of the time.
1.b
1.c
2
2.a
3.a
3.b
4
4.a
5
5.a
Tender
Part T2: Returnable Documents
Reference No: 25G/2009/10
60
T2.2
Returnable Schedules
Item
6
Requirement
6.b
6.c
7.a
7.b
7.c
7.d
8.a
8.b
8.c
The MDT shall include functionality to send predefined messages to central control.
Comments
6.a
Comply
(Y/N)
9.a
9.b
Tender
Part T2: Returnable Documents
Reference No: 25G/2009/10
61
T2.2
Returnable Schedules
Item
Requirement
Comply
(Y/N)
Comments
1.a
1.b
1.c
1.d
2.a
The central processing system shall provide a realtime AVL interface to external systems to provide
the location of all APC/AVL and AVL-only equipped
buses
2.b
2.c
2.d
2.e
2.f
2.g
Tender
Part T2: Returnable Documents
Reference No: 25G/2009/10
62
T2.2
Returnable Schedules
Item
3
Requirement
Comply
(Y/N)
Comments
3.a
3.b
3.c
3.d
3.e
3.f
3.g
3.h
3.i
4.a
4.b
4.c
Tender
Part T2: Returnable Documents
Reference No: 25G/2009/10
63
T2.2
Returnable Schedules
Item
Requirement
5.a
5.b
5.c
Comments
6.a
6.b
6.c
Comply
(Y/N)
High bandwidth communication links to buses, stations, the control centre and depots:
7.a
7.b
7.c
7.d
Tender
Part T2: Returnable Documents
Reference No: 25G/2009/10
64
T2.2
Returnable Schedules
Item
Requirement
Comply
(Y/N)
Comments
1.a
1.b
1.c
1.d
2.a
The LCDs shall include functionality to display preset messages and/or real-time dynamic next bus
arrivals to PT users.
2.b
2.c
3.a
3.b
4.a
4.b
Tender
Part T2: Returnable Documents
Reference No: 25G/2009/10
65
T2.2
Returnable Schedules
Item
Requirement
Comply
(Y/N)
Comments
1.a
1.b
1.c
2.a
2.b
Dynamic VMS:
3.a
3.b
CCTV camera:
1.a
1.b
Tender
Part T2: Returnable Documents
Reference No: 25G/2009/10
66
T2.2
Returnable Schedules
Tender
Part T2: Returnable documents
Reference No. 25G/2009/10
67
T2.2
Returnable Schedules
Pages
C1.1 Form of Offer and Acceptance (Agreement) ..............................72 75
C1.2 Contract Data...............................................................................76 102
C1.3 Form of Performance Security - Demand Guarantee............103 104
C1.4 Occupational Health and Safety Agreement ..........................105 106
Contract
Part C1: Agreements and Contract Data
Reference No. 25G/2009/10
68
C1
Agreements and Contract Data
The Employer, identified in the Acceptance signature block, has solicited offers to enter into a contract for the
procurement of:
CONTRACT NO. 25G/2009/10: DESIGN, SUPPLY, DELIVERY, INSTALLATION, TESTING, COMMISSIONING
AND MAINTENANCE OF THE IRT CONTROL CENTRE HARDWARE AND SOFTWARE SYSTEMS
The tenderer, identified in the offer signature block, has examined the documents listed in the tender data and
addenda thereto as listed in the returnable schedules, and by submitting this offer has accepted the conditions of
tender.
By the representative of the tenderer, deemed to be duly authorized, signing this part of this form of offer and
acceptance, the tenderer offers to perform all of the obligations and liabilities of the contractor 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 OFFERED TOTAL OF THE PRICES INCLUSIVE OF VALUE ADDED TAX IS:
Rand. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . (in words);
R . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (in figures)
This offer may be accepted by the Employer by signing the Acceptance part of this Form of Offer and Acceptance
and returning one copy of this document to the tenderer before the end of the period of validity stated in the tender
data, whereupon the tenderer becomes the party named as the Contractor in the conditions of contract identified in
the contract data.
Signature(s)
................................
.............................
Name(s)
................................
..............................
Capacity
...............................
..............................
....................................................................
....................................................................
....................................................................
Name and
signature
of witness
..............................
Contract
Part C1: Agreements and Contract Data
Reference No. 25G/2009/10
Date . . . . . . . . . . . . . . . . . . . . . . . . . . .
69
C1.1
Form of Offer and Acceptance
Acceptance
By signing this part of this Form of Offer and Acceptance, the Employer identified below accepts the tenderers offer.
In consideration thereof, the Employer shall pay the Contractor the amount due in accordance with the conditions of
contract identified in the contract data. Acceptance of the tenderers offer shall form an agreement between the
Employer and the tenderer upon the terms and conditions contained in this agreement and in the contract that is the
subject of this agreement.
The terms of the contract are contained in:
Part C1:
Part C2:
Part C3:
Part C4:
and drawings and documents or parts thereof, which may be incorporated by reference into Parts 1 to 4 above.
Deviations from and amendments to the documents listed in the tender data and any addenda thereto as listed in
the tender schedules as well as any changes to the terms of the offer agreed by the tenderer and the employer
during this process of offer and acceptance, are contained in the schedule of deviations attached to and forming
part of this agreement. No amendments to or deviations from said documents are valid unless contained in this
schedule.
The tenderer shall within two weeks after receiving a completed copy of this agreement, including the schedule of
deviations (if any), contact the employers agent (whose details are given in the contract data) to arrange the
delivery of any bonds, guarantees, proof of insurance and any other documentation to be provided in terms of the
conditions of contract identified in the contract data. Failure to fulfill any of these obligations in accordance with
those terms shall constitute a repudiation of this agreement.
Notwithstanding anything contained herein, this Agreement comes into effect on the date when the tenderer
receives one fully completed original copy of this document, including the schedule of deviations (if any). Unless the
tenderer (now Contractor) within five working days of the date of such receipt notifies the Employer in writing of any
reason why he cannot accept the contents of this agreement, this agreement shall constitute a binding contract
between the parties.
Signature(s)
.............................
..............................
Name(s)
.............................
..............................
Capacity
............................
..............................
for the
Employer
Name and
signature
of witness
..............................
Date . . . . . . . . . . . . . . . . . . .
..............................
Contract
Part C1: Agreements and Contract Data
Reference No. 25G/2009/10
70
C1.1
Form of Offer and Acceptance
Schedule of Deviations
Notes:
1.
The extent of deviations from the tender documents issued by the employer before the tender closing date is
limited to those permitted in terms of the conditions of tender.
2.
A tenderer's covering letter shall not be included in the final contract document. Should any matter in such
letter, which constitutes a deviation as aforesaid, become the subject of agreements reached during the
process of offer and acceptance, the outcome of such agreement shall be recorded here.
3.
Any other matter arising from the process of offer and acceptance either as a confirmation, clarification or
change to the tender documents and which it is agreed by the Parties becomes an obligation of the
contract shall also be recorded here.
4.
Any change or addition to the tender documents arising from the above agreements and recorded here,
shall also be incorporated into the final draft of the Contract.
1 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
...........................................................................
...........................................................................
...........................................................................
2 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
...........................................................................
...........................................................................
...........................................................................
3 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
...........................................................................
...........................................................................
...........................................................................
4 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
...........................................................................
...........................................................................
...........................................................................
By the duly authorised representatives signing this agreement, the Employer and the tenderer agree to and accept
the foregoing schedule of deviations as the only deviations from and amendments to the documents listed in the
tender data and addenda thereto as listed in the returnable schedules, as well as any confirmation, clarification or
changes to the terms of the offer agreed by the tenderer and the employer during this process of offer and
acceptance.
It is expressly agreed that no other matter whether in writing, oral communication or implied during the period
between the issue of the tender documents and the receipt by the tenderer of a completed signed copy of this
Agreement shall have any meaning or effect in the contract between the parties arising from this agreement.
Contract
Part C1: Agreements and Contract Data
Reference No. 25G/2009/10
71
C1.1
Form of Offer and Acceptance
................................
.............................
Name(s)
................................
..............................
Capacity
...............................
..............................
(Name and
....................................................................
address of
organization/tenderer
...............................................................
....................................................................
Name and
signature
of witness
..............................
Date . . . . . . . . . . . . . . . . . . . . . . . . . . .
................................
.............................
Name(s)
................................
..............................
Capacity
...............................
..............................
(Name and
address of
organization)
Name and
signature
of witness
..............................
Contract
Part C1: Agreements and Contract Data
Reference No. 25G/2009/10
Date . . . . . . . . . . . . . . . . . . . . . . . . . . .
72
C1.1
Form of Offer and Acceptance
&
&
&
&
&
&
&
&
&
&
&
13.7
8.1
4.2
14.3
8.2
9.1
10.1
12.1
11.1
11.9
14.13
Base Date
Commencement Date
Performance Security
Interim Payment Certificate
Time for Completion (as extended under 8.4)
Tests on Completion
Taking-Over Certificate
Tests after Completion (if any)
Defects Notification Period (as extended under 11.3)
Performance Certificate
Final Payment Certificate
The charts referred to above are reproduced on the following two pages, amended and amplified where
necessary to conform to the Particular Conditions for this Contract. The charts are illustrative and must not be
taken into consideration in the interpretation of the Conditions of Contract.
Contract
Part C1: Agreements and Contract Data
Reference No. 25G/2009/10
73
C1.2
Contract Data
Issue of the
Tender
Documents
Base
Date
7d
14d
Tender period
Delay attributable
2
to the Contractor
Notifying of
Defects
9.1 Tests on
4
Completion
and Trial
Operation
Period (actual)
Remedying
of Defects
Commencement
of Trial
Operation Period
(programmed)
11.9 Issue of
Performance
Certificate
11 Defects
3
Notification period
28d
2.1 Access
to, and
possession
of, the Site
21d
4.2 Return of
the
Performance
Security
Typical sequence of Principal Events during Contracts for Plant and Design-Build
(Modified to suit this Contract)
1. The Time for Completion is stated (in the Appendix to Tender) as a number of days, to which is added any
extensions of time under Sub-Clause 8.4.
2. In order to indicate the sequence of events, the above diagram is based upon the example of the Contractor failing
to comply with Sub-Clause 8.2.
3. The Defects Notification Period is stated (in the Appendix to Tender) as a number of days, to which is added any
extensions under Sub-Clause 11.3.
4. Depending on the type of Works, Tests after Completion may also be required, if provided for in the Contract.
Contract
Part C1: Agreements and Contract Data
Reference No. 25G/2009/10
74
C1.2
Contract Data
Each of the
monthly (or
otherwise)
interim
payments
The final
payment
Engineer verifies
Statement, Contractor
submits information
28d
28d
14.13 Engineer
issues Final
Payment
Certificate
14.7 Employer
makes payment
Party gives
notice of the
intention to
refer a dispute
to a Mediator
20.3 If either
Party dissatisfied
or mediation fails
a party may
initiate court
proceedings
Mediation
unsuccessful
Parties record
agreement
Mediation
successful
Contract
Part C1: Agreements and Contract Data
Reference No. 25G/2009/10
75
C1.2
Contract Data
APPENDIX TO TENDER
Part 1 : Contract Data completed by the Employer
Item
Sub-Clause
Entry
Dr Christoff Krogscheepers
ITS Engineers
Postnet Suite 127
Private Bag X7
7536 Tyger Valley
1.1.3.7 ...........
365 days
1.3(a) ...............
1.4....................
Ruling language.......................................
1.4....................
English
1.4....................
English
2.1* ..................
4.2....................
5.1....................
42 days
6.5....................
8.7....................
No limit
Contract
Part C1: Agreements and Contract Data
Reference No. 25G/2009/10
76
C1.2
Contract Data
Sub-Clause
Entry
13.8..................
14.2...................
None
14.2...................
Not applicable
14.2(a) ..............
Not applicable
14.2(a) ..............
Not applicable
14.2(b) ..............
Not applicable
14.3(d)*.............
14.3(d)*.............
No limit
14.5(b) ..............
14.5(c) ..............
14.6...................
No minimum
Currency/currencies of payment.....................
14.15.................
18.1...................
14 days
18.1...................
14 days
18.2(d) ..............
Not applicable
18.3...................
Disputes ..........................................................
20......................
20.2* .................
23.6.2* ..............
10 %
23.3.2* ..............
No limit
24.9* ................
24.10.2* ............
10 %
24.10.2* ............
No limit
77
C1.2
Contract Data
13.5(b)(ii) ..........
Contract
Part C1: Agreements and Contract Data
Reference No. 25G/2009/10
78
C1.2
Contract Data
PARTICULAR CONDITIONS
The Particular Conditions are:
General Provisions
Contract
Part C1: Agreements and Contract Data
Reference No. 25G/2009/10
79
C1.2
Contract Data
Contract Price Adjustment means the adjustment to be included in the Contract Price for
fluctuations in the Cost of Plant and Materials, Site installation and General items, Health and
Safety, Environmental Management, Sundries, etc. and Variations in Rates of Exchange, Customs
Surcharge and Customs Duty, all as provided for in Sub-Clause 13.8.
Letter of Notification means the letter of formal notification, signed by the Employer, of the
decision of the Supply Chain Management Bid Adjudication Committee sent to all tenderers. The
notification of the decision does not form part of the Employers Acceptance of the successful
tenderers Form of Offer and no rights shall accrue.
If an ambiguity or discrepancy is found in the documents, the Engineer shall issue any necessary clarification or
instruction.
Contract
Part C1: Agreements and Contract Data
Reference No. 25G/2009/10
80
C1.2
Contract Data
The Employer
Control Centre
Smart Trunk Stations
Smart Feeder Stations
Bus Depots
On-board Buses
Access to, and possession of, Parts of the Site will be granted for the purpose of executing the specified Works.
The Employer will give the Contractor access to, and possession specific Parts of the Site of at certain times to be
agreed between the Employer and the Contractor, within the time stated below, provided that all drawings and
other information required to be submitted for acceptance in terms of the Contract have been accepted by the
Engineer.
Milestone 1 2010 tournament 2010-05-05
With regard to the Parts of Site requiring access for the performance of Milestone 1, access is expected to be
provided to the Contractor on or before the following dates:
Access to vehicles
Type
Vehicles delivered
18m
12m
8.8m
18m
4
1
4
3
Contract
Part C1: Agreements and Contract Data
Reference No. 25G/2009/10
81
C1.2
Contract Data
12m
8.8m
18m
12m
8.8m
18m
12m
8.8m
18m
12m
8.8m
1
3
4
1
4
5
1
5
1
55
45
TOTAL
137
2010-01-08
2010-02-05
2010-02-26
2010-04-01
Milestone 2 2010-09-01
Only those vehicles, trunk stations and the TMC, which will be made accessible to the Contractor prior to
Milestone 1, are at minimum required to be completed for Milestone 2.
Milestone 3 2011-02-16
With regard to the Parts of Site requiring access for the performance of Milestone 3, access is expected to be
provided to the Contractor on or before the following dates:
Access to vehicles
Type
Vehicles delivered
18m
12m
8.8m
30
93
6
TOTAL
129
Woodstock (1 Platform)
Paarden Island (2 Platforms)
Neptune (2 Platforms)
Section (2 Platforms)
Vrystaat (2 Platforms)
Zoar Vlei (1 Platform)
Lagoon (1 Platform)
Woodbridge (1 Platform)
Milnerton (1 Platform)
Racecourse Road (1 Platform)
Contract
Part C1: Agreements and Contract Data
Reference No. 25G/2009/10
82
C1.2
Contract Data
2010-12-31
Route/Area
Seapoint - CBD Garden Centre
Seapoint CBD Vredehoek
City Bowl Circle Line
Hout Bay Camps Bay CBD V&A Waterfront
Melkbos F13
Atlantis F08 F12
Bayside F14 F16
Salt River F18 F19
50
8
38
64
20
186
96
82
TOTAL
544
Access to depots
Depot
CBD
Potsdam
The Engineer
Giving consent for work to be carried out on days of rest or outside normal working hours in terms of SubClause 6.5 (b).
The approval of a revised programme and supporting report in order to expedite progress in terms of SubClause 8.6.
Suspending progress of part or the whole of the Works in terms of Sub-Clause 8.8.
Determining the extent required for rectifying loss or damage to the Works resulting from Employers Risks in
terms of Sub-Clause 17.4.
Instructing the Contractor to employ additional resources besides the Operations Manager to undertake
operational functions in the Control Centre in terms of Sub-Clause 23.2 during the period of the Operations
Agreement.
The Contractor
Contract
Part C1: Agreements and Contract Data
Reference No. 25G/2009/10
83
C1.2
Contract Data
Delete the first sentence of the second paragraph and replace with:
The Contractor shall deliver the Performance Security to the Employer within 14 days from the Commencement
Date. The Form of Performance Security - Demand Guarantee shall contain the wording of the document
included in Part C1.3 of the Contract Data.
Sub-Clause 4.3 Contractors Representative
Delete prior to the Commencement Date in the first sentence of the second paragraph and replace with within
14 days from the Commencement Date.
Sub-Clause 4.4 Subcontractors
Delete 28 days notice in sub-paragraph (c) and replace with 14 days notice.
Sub-Clause 4.8 Safety Procedures
The Contractors attention is also drawn to Sub-Clause 4.22 (c), and to the Health and Safety Specification in the
Employers Requirements.
Sub-Clause 4.17 Contractors Equipment
Add the following:
The Contractor shall provide all necessary storage facilities on Site.
Sub-Clause 4.18 Protection of the Environment
The Contractors attention drawn to the Environmental Management requirements of Clause C3.1.2.4 of the
Scope of Works in the Employers Requirements.
Sub-Clause 4.22 Security of the Site
Add the following Sub-Clause:
(c)
The Contractor shall in connection with the Works provide and maintain at his own cost all lights, guards,
fencing, watching and other appropriate security measures when and where necessary or required by the
Engineer or by any competent statutory or other authority for the protection and security of the Works and
the Contractor's Equipment, or for the safety and convenience of the public and for the protection of life
and property.
Design
84
C1.2
Contract Data
The Contractors design shall comply with Clause 3.1 Description of Works in the Scope of Works in the
Employers Requirements.
In the third paragraph:
Delete Upon receiving notice under Sub-Clause 8.1 in the first sentence of the third paragraph and replace with
Subject to the provisions of Sub-Clause 8.1.
Sub-Clause 5.2 Contractors Documents
Delete the content of sub-paragraph (a) (iii) in the sixth paragraph and replace with:
the Contractor shall be entitled to an extension of the Time for Completion upon the expiry of the review periods
for all the Contractors Documents;
Add the following:
Without limiting the provisions of this Sub-Clause, the requirements relating to the information and drawings to be
submitted by the Contractor to the Engineer prior to the purchase and manufacture of any plant and equipment
shall be as stated in the Part C3.2 Engineering Design of the Scope of Work in the Employers Requirements.
Sub-Clause 5.5 Training
Add the following:
Particular training requirements are specified in Part C3.5 Training of the Scope of Work in the Employers
Requirements.
Contract
Part C1: Agreements and Contract Data
Reference No. 25G/2009/10
85
C1.2
Contract Data
The Contractor shall carry all costs related to any inspection outside the City of Cape Town, including the
Engineers travelling and associated costs, but not the cost of the Engineers time-related fees.
Sub-Clause 7.4 Testing
Add the following:
The following testing procedures specified in clause C3.4 of the Scope of Works in the Employers Requirements
shall apply:
(i)
(ii)
(iii)
(iv)
achieving the passing of the Tests on Completion and the 28 day Trial Operation Period referred to in SubClause 9.1, and
requiring to achieve the following Milestones, failing which the penalty clauses provided for in the Appendix
to Tender will be invoked:
Installation of components and software systems on all vehicles as required to deliver a functional basic
vehicle tracking system; and
Installation of a functional control centre in the TMC to undertake vehicle tracking and monitoring.
Installation of all system components and software on vehicles to which access is given for Milestone 1, as
required under the Contract;
Installation of all hardware and software systems to deliver a fully functional control centre in the TMC; and
Installation of all systems and software in trunk and feeder stations to which access is given to the
Contractor for Milestone 1.
86
C1.2
Contract Data
Tests on Completion
87
C1.2
Contract Data
For the purpose of issuing a Taking-Over Certificate of a Part of the Works, Parts of Works are defined as follows
and are further described in Part C3: Scope of Works in the Employers Requirements:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
Sections of the Works are defined, for the purpose of issuing a partial Taking-Over Certificate, as a set of
vehicles, a set of stations, depots or the TMC.
Sub-Clause 10.3 Interference with Tests on Completion
Delete paragraphs 1 and 2 and replace with:
The Contractor is entitled to an extension of time and costs if prevented from carrying out the Tests on
Completion by a cause for which the Employer is responsible.
Delete sub-paragraph (b) and replace with:
(b) payment, which shall be included in the Contract Price, as follows:
An item has been included in the Schedules of Quantities to cover Cost in the event that the Contractor
cannot commence testing and commissioning within the contractually agreed period, and the resultant delay
in the commencement of the Defects Notification Period, from causes not attributable to the Contractor.
The period of delay which may be allowed by the Engineer and paid for under this sub-paragraph shall be
agreed margins of latitude to cover delays, normally beyond control of the Employer, for which the Contractor
may be compensated by the stipulated amount. These delays shall not be regarded as an instruction to
suspend the work in terms of Sub-Clause 8.8 of the Conditions of Contract.
The amount tendered shall include for all additional Cost incurred by such delays, including financing,
storage, labour, handling, protection, insurance, overheads, etc., and profit. Should no delays be experienced
in terms of this sub-paragraph, the sum included in the Schedules of Quantities therefor shall be deducted.
For Contracts subject to Adjustment for Changes in Cost (Sub-Clause 13.8) the abovementioned amount
shall be regarded as extra over any Contract Price Adjustment.
11 Defects Liability
Sub Clause 11.3 Extension of Defects Notification Period
Delete the last sentence in the first paragraph.
General
The Accepted Contract Amount shall be deemed to have included amounts to cover the
contingency of all other rises and falls in costs not covered by the provisions of this or other
Clauses.
If provision has been made in the Appendix to Tender for prices to be subject to adjustment,
such adjustments claimed by the Contractor shall be made in accordance with the Sub-Clauses
referred to therein.
Contract
Part C1: Agreements and Contract Data
Reference No. 25G/2009/10
88
C1.2
Contract Data
13.8.2.1
13.8.2.1.1
Permissible Adjustments
Adjustment to the Contract price for the supply, delivery and storage of Plant and Materials
manufactured in the Republic of South Africa, shall be allowed only for variations in the cost of
labour and material based on the indices published by the Steel and Engineering Industries
Federation of South Africa (SEIFSA) using the method described in Sub-Clause 13.8.2.1.2.
The following SEIFSA tables shall be regarded as relevant to Electrical Works in this Contract:
13.8.2.1.2
Table C3
Table G
- 1
A
a
b
c
=
=
=
=
Ln
Lo
En
Eo
=
=
=
=
Contract
Part C1: Agreements and Contract Data
Reference No. 25G/2009/10
89
C1.2
Contract Data
Current indices are those applicable 42 days prior to date of claim, as stated in
sub-paragraph (a) above
Base indices are those applicable at Base Date, as stated in sub-paragraph (a)
above
(c)
The value of any Plant and Materials imported from outside South Africa inserted in
Schedule 25 and subject to Sub-Clause 13.8.2.2.2(a) shall be deducted from the
total values to be adjusted by the SEIFSA Index adjustment. Any Plant and
Materials not inserted in Schedule 25 shall be deemed to be manufactured in South
Africa for the purposes of Contract Price Adjustment.
13.8.2.2
13.8.2.2.1
Permissible Adjustments
Adjustment to the Contract price for the supply, delivery and storage of any Plant and Materials
imported from outside the Republic of South Africa will be permitted only in respect of the
following variables:
(a) Variations in Rates of Exchange as detailed in Sub-Clause 13.8.2.2.2, and
(b) Variations in Customs Surcharge and Customs Duty as detailed in Sub-Clause 13.8.2.2.3
13.8.2.2.2
the value in foreign currency inserted in column (A) shall be subject to Sub-Clause
13.8.2.2.2(e) when recalculating the Rand value,
ii.
the rate of exchange inserted in column (B) shall be the spot selling rate quoted
by Councils main banker, ABSA on the Base Date, rounded to the second
decimal place,
iii.
if the rate of exchange inserted by the Tenderer differs from the ABSA rate
referred to above, then the ABSA rate shall apply and the Rand value in columns
(C) and (F) shall be recalculated accordingly, without altering the price in the
Schedules of Quantities for the relevant items, and
iv.
(b) The Contractor (or supplier or sub-contractor) shall within five working days from the date
of placing a firm order on an overseas supplier, cover or recover forward by way of a
contract with a bank which is an authorised foreign exchange dealer, the foreign exchange
component of the cost of any imported Plant and Materials inserted by the Tenderer in
Schedule 25.
(c) When the Contractor (or supplier or sub-contractor) so obtains forward cover, the
Contractor shall immediately notify the Employer of the rate obtained and furnish the
Employer with a copy of the foreign exchange contract note.
(d) Based on the evidence provided in sub-paragraph (c), the value in Rand inserted in column
(C) of Schedule 25 shall be recalculated using the forward cover rate obtained, and any
increase or decrease in the Rand value defined in Sub-Clause 13.8.2.2.4 shall be adjusted
accordingly.
Contract
Part C1: Agreements and Contract Data
Reference No. 25G/2009/10
90
C1.2
Contract Data
(e) In the event of the value in foreign currency inserted in column (A) of Schedule 18
exceeding the value in the Contractors (or suppliers or sub-contractors) forward cover
contract, the adjustments shall be calculated only upon the value in the forward cover
contract.
13.8.2.2.3
13.8.2.2.4
13.8.2.3
A =
0.10 =
0.90 =
Ln =
Lo =
Ln - 1
Lo
Adjustment Factor rounded off to the sixth decimal place
Fixed coefficient (non-adjustable portion)
Coefficient
Current labour index in Table C3(A)
Base labour index in Table C3(A)
Current index is that applicable at the valuation date, as stated in subparagraph (b) above
Base index is that applicable at Base Date, as stated in sub-paragraph (b)
above
91
C1.2
Contract Data
(c) Prices entered in the Schedules of Quantities, together with any schedule of rates for which provision is
made in a Schedule, will be used for calculating the value of completed works for the purpose of interim
payments or for determining the value of changes, omissions and additions for variation instructions when in
the opinion of the Engineer such prices are applicable.
(d) The amounts of work and material given in the Schedules of Quantities are not to be considered as limiting or
extending the amount of work to be done or material to be supplied by the Contractor.
(e) The percentage completion of the amounts of work and materials given in the Schedules of Quantities shall
be determined by the Engineer for interim payment certificates when checking the Contractors Statement
referred to in Sub-Clauses 14.3 and 14.6.
Sub-Clause 14.2 Advance Payment
Delete this Sub-Clause.
Sub-Clause 14.3 Application for Interim Payment Certificates
Replace in six copies in the first line of the first paragraph with in three copies.
Delete sub-paragraphs (a) to (g) and replace with:
(a) The estimated contract value of any approved materials, goods, plant and equipment which has been
delivered to Site but has not yet been installed, provided the conditions for delivery and storage specified in
the Employers Requirements are followed to the complete satisfaction of the Engineer;
No such payment will be made for materials, goods, plant and equipment stored elsewhere and no materials,
goods, plant and equipment may be delivered to Site before possession of the Site is given to the Contractor.
Variation from this condition will only be considered under special circumstances and approval in advance
must be obtained from the Engineer;
(b) The estimated contract value of any general, installation, testing and commissioning work executed, including
the value of any other items so described in the Schedules of Quantities to be adjusted together with this
work, as determined from time to time until the commencement of the Defects Notification Period;
(c) any amounts to be added and deducted for changes in legislation and changes in Cost, in accordance with
Sub-Clause 13.7 and Sub-Clause 13.8;
(d) any amount to be deducted for retention, calculated by applying the percentage of retention stated in the
Appendix to Tender to the total of the above amounts;
(e) any other additions or deductions which may have become due under the Contract or otherwise, including
those under Clause 20; and
(f)
the amount certified in each Interim Payment Certificate within the number of days after the Engineer
th
receives the Statement and supporting documents, whereby invoices dated on or before the 20 of a
rd
th
particular month will be paid between the 23 and 26 of the ensuing month.
Contract
Part C1: Agreements and Contract Data
Reference No. 25G/2009/10
92
C1.2
Contract Data
(b)
the amount certified in the Final Payment Certificate within 28 days after the Employer receives this
Payment Certificate.
15 Termination by Employer
Sub-Clause 15.2 Termination by Employer
Delete or at the end of sub-paragraph (e) and add the following sub-paragraphs after sub-paragraph (f):
(g)
fails to provide the required Performance Security and insurances within the prescribed time,
(h)
committed a corrupt or fraudulent act during the procurement process or the execution of the contract, or
(i)
an official or other role player committed any corrupt or fraudulent act during the procurement process or in
the execution of the contract that benefited the Contractor,
Delete (e) or (f) in the second sentence of the second paragraph and replace with (e), (f), (h) or (i).
93
C1.2
Contract Data
(a)
war, invasion, act of foreign enemies, hostilities or warlike operations (whether war be declared or not) or
civil war,
(b)
(c)
mutiny, military rising, military or usurped power, martial law or state of siege, or any other event or
cause which determines the proclamation or maintenance of martial law or state of siege,
(d)
any event which, at the Base Date, is defined as a risk in terms of insurance offered by the South African
Special Risks Insurance Association,
(e)
any occurrence for which a fund has been established in terms of the War Damage Insurance and
Compensation Act, as amended,
(f)
(g)
pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds,
(h)
ionising radiation or contamination by radioactivity from any nuclear fuel or from any nuclear waste from
the combustion of nuclear fuels,
(i)
the use of or occupation by the Employer or the Employers Personnel or the Employers agents or other
contractors (not employed by the Contractor) of any part of the Works without mutual agreement,
(j)
the design, specification or instruction of the Engineer, Employer or any of their employees or agents, or
defects in the materials supplied by the Employer for incorporation in the Works,
(k)
(l)
the fact that the value of materials, as supplied by the Employer for incorporation in the Works, exceeds
the value thereof as specified by or on behalf of the Employer at the time of delivery thereof by the
Employer.
18 Insurance
Sub-Clause 18.1 General Requirements for Insurances
Add the following:
The Contractor shall be liable for the payment of the deductibles in respect of each claim settlement in terms of
the policies effected by the Contractor.
In respect of Subcontractors, the Contractor shall be deemed to have complied with the provisions of the
requirements relating to insurance by ensuring that the Subcontractors have effected such insurance.
Save as otherwise provided in the Contract, nothing herein contained shall oblige the Contractor to effect any
insurance which is not generally obtainable from a registered insurer in South Africa.
The insurances shall be effected with an insurance company registered in South Africa and the terms thereof
shall be subject to approval by the Employer, which approval shall not be unreasonably withheld.
If required, the Contractor shall provide proof to the Engineer that the Contractor is in good standing with respect
to duties, taxes, levies and contributions required in terms of legislation applicable to the work in this Contract.
Sub-Clause 18.2 Insurance for Works and Contractors Equipment
Add the following sub-paragraph:
(f)
which are to be effected and maintained by the Contractor and endorsed to note the interests of the
Employer are:
(i)
transit insurance, including whilst in temporary storage and intended for incorporation in the Contract
en route to Site,
(ii)
professional indemnity insurance; the Contractor shall ensure that all design work to be undertaken by
the Contractor or on behalf of the Contractor is undertaken by registered professionals who carry
Contract
Part C1: Agreements and Contract Data
Reference No. 25G/2009/10
94
C1.2
Contract Data
adequate professional indemnity insurance to cover their liability for professional negligence. Proof of
such insurance shall be submitted to the Engineer on demand, and
(iii)
where the Contract involves manufacturing and/or fabrication of the Works or part thereof at premises
other than the Site, the Contractor shall satisfy the Employer that all materials and equipment for
incorporation in the works are adequately insured during manufacture and/or fabrication. In the event
of the Employer having an insurable interest in such works during manufacture or fabrication then
such interest shall be noted by endorsement to the Contractor's Policies of Insurance.
95
C1.2
Contract Data
21
The Contractor is to provide all labour, material, workmanship, components, equipment, software, software
licenses and everything that is or may be necessary in and for the execution and entire completion of the Contract
in accordance with the Conditions of Contract and Employers Requirements.
22
Details to be confidential
The Contractor shall treat the details of the Works comprised in this Contract as private and confidential (save in
so far as may be necessary for the purposes hereof) and shall not publish or disclose the same or any particulars
thereof in any trade or technical paper elsewhere without the prior written consent of the Engineer.
23
Operations Agreement
23.1
23.2
23.3
Managing and Monitoring the compliance of vehicle operating schedules developed by the City
or the Entity, and undertaking actions where required;
Communicating with drivers and other staff of vehicle operating entities to pass instructions on
operational actions.
Managing and Operating the passenger information systems at stations and in buses;
Monitoring of CCTV at stations and along the routes and coordinating any actions where
required; and
Compiling reports and undertaking administrative functions as required.
Contract
Part C1: Agreements and Contract Data
Reference No. 25G/2009/10
96
C1.2
Contract Data
23.4
23.5
Reporting
The Contractors representative shall submit the report to the Engineer before the last working day of
each month, setting out the activities of the month and listing KPIs on performance. The list of KPIs is
to be jointly agreed by the Contractors representative and the Engineer prior to the commencement of
the Operations Agreement, and may be adjusted by the Engineer in consultation with the Contractors
Representative from time to time during the period of the Operations Agreement.
23.6
23.6.1
23.6.2
23.6.3
24
Maintenance Agreement
24.1
24.2
Assignment
The Contractor shall not cede or assign this Agreement or any part thereof or any benefit, obligation or
interest therein or thereunder without the prior written consent of the Engineer, which shall not
unreasonably be withheld.
24.3
Contract
Part C1: Agreements and Contract Data
Reference No. 25G/2009/10
97
C1.2
Contract Data
24.4
The Parts of Site are divided into 4 (four) categories, as described below:
Control centre
The Contractor shall ensure the ongoing supply, installation and repair of all components for the
uninterrupted operation of the Control Centre. The Contractor shall ensure the proper operation of all
subsystems of the Control centre, without a disruption of operation, commencing on date of issue of the
Taking-Over certificate.
Stations
The Contractor shall ensure the ongoing supply, installation and repair of all components installed at IRT
stations, stops and sections between stations installed under the Contract. The Contractor shall ensure
the proper operation of all hardware and software systems installed under the Contract, without a
disruption of service, commencing on the date of issue of the Taking-Over certificate.
Depots
The Contractor shall ensure the ongoing supply, installation and repair of all components installed at
Depots installed under the Contract. The Contractor shall ensure the proper operation of all hardware
and software systems installed under the Contract, without a disruption of service, commencing on the
date of issue of the Taking-Over certificate.
Vehicles
The Contractor shall ensure the ongoing functionality of software and communications systems linking
equipment installed in vehicles with the Control Centre, as well as other on-board systems, commencing
on the date of issue of the Taking-Over certificate.
24.5
24.6
24.7
24.8
Contract
Part C1: Agreements and Contract Data
Reference No. 25G/2009/10
98
C1.2
Contract Data
irrespective of the fact that the non-compliance had been subsequently rectified, and shall not be
reversed.
24.9
Performance Security
The Contractor shall obtain (at his cost) a Performance Security for the proper performance under the
Maintenance Agreement, in the amount of 10% of the amount tendered for the Maintenance of the
Works. The Contractor shall deliver the Performance Security to the Employer on the date that the
Performance Security for the installation of the works following the Issue of the Performance certificate
has been returned to the Employer.
The Employer shall return the Performance Security for the period of the Maintenance Agreement on the
last day of the expiration of the period during which the Maintenance Agreement is in force.
24.10
99
C1.2
Contract Data
C1.3
Name and address of Beneficiary: CITY OF CAPE TOWN, TRANSPORT ROADS AND STORMWATER,
Tower Block, Civic Centre, 12 Hertzog Boulevard, Cape Town (whom the Contract defines as the Employer)
We have been informed that __________________ (hereinafter called the Principal) is your contractor
under such Contract, which requires him to obtain a performance security.
At the request of the Principal, we (name of approved financial institution) _________________ hereby
irrevocably undertake to pay you, the Beneficiary/Employer, any sum or sums not exceeding in total the
amount of _____________ (the guaranteed amount, say: _________________________) upon receipt by
us of your demand in writing and your written statement stating:
(a)
that the Principal is in breach of his obligation(s) under the Contract, and
(b)
Any demand for payment must contain your Director: Transport Roads and Stormwater signature which
must be authenticated by your bankers or by a notary public. The authenticated demand and statement
must be received by us at this office on or before (the date 70 days after the expected expiry of the Defects
Notification Period for the Works) _________________ (the expiry date), when this guarantee shall expire
and shall be returned to us.
We have been informed that the Beneficiary may require the Principal to extend this guarantee if the
performance certificate under the Contract has not been issued by the date 28 days prior to such expiry
date. We undertake to pay you such guaranteed amount upon receipt by us, within such period of 28 days,
of your demand in writing and your written statement that the performance certificate has not been issued,
for reasons attributable to the Principal, and that this guarantee has not been extended.
This guarantee shall be governed by the laws of the Republic of South Africa and shall be subject to the
Uniform Rules for Demand Guarantees, published as number 458 by the International Chamber of
Commerce, except as stated above.
Date_____________________
Signature(s)______________________________________________
Contract
Part C1: Agreements and Contract Data
Reference No. 25G/2009/10
100
C1.3
Performance Security - Demand Guarantee
ANNEXURE
LIST OF APPROVED FINANCIAL INSTITUTIONS
The following financial institutions are currently (as at 26 November 2008) approved for issue of contract
guarantees to the City:
National Banks:
ABSA Bank Ltd.
Development Bank of Southern Africa
FirstRand Bank Ltd.
Gensec Bank Ltd.
Imperial Bank Ltd.
Infrastructure Finance Corporation
Investec Bank Ltd.
Land & Agricultural Bank of SA
Mercantile Bank Ltd.
Nedbank Ltd.
Standard Bank of SA Ltd.
SA Bank of Athens
International Banks (with branches in SA):
ABN AMRO Bank n.v.
Barclays Bank plc.
Citibank n.a.
Commerzbank Aktiengesellschaft
Credit Agricole-Indosuez
Deutsche Bank AG
JP Morgan Chase Bank
Societe Generale
Standard Chartered Bank
Insurance companies:
ABSA Insurance
AIG South Africa
Auto & General
Coface s.a.
Compass Insurance Co.
Constantia Insurance Co.
Credit Guarantee Insurance Co.
Emerald Insurance Co.
Federated Employers Mutual Assurance Co.
Guardrisk Insurance Co.
Home Loan Guarantee Co.
Lion of Africa Insurance Co.
Lombard Insurance
MUA Insurance
Mutual & Federal Insurance Co.
New National Assurance Co.
Regent Insurance Co.
Zurich Insurance Co.
Contract
Part C1: Agreements and Contract Data
Reference No. 25G/2009/10
101
C1.3
Performance Security - Demand Guarantee
____________________
Mandatary
Contract
Part C1: Agreements and Contract Data
Reference No. 25G/2009/10
____________________
for and on behalf of
City of Cape Town
102
C1.4
Health and Safety Agreement
The Chief Executive Officer of the Contractor shall assume the responsibility in terms of Section 16(1) of
the Occupational Health and Safety Act (as amended). Should the Contractor assign any duty in terms of
Section 16(2), a copy of such assignment shall immediately be provided to the representative of the
Employer as defined in the Contract.
2.
All work performed on the Employers premises shall be performed under the supervision of the
construction supervisor who understand the hazards associated with any work that the Contractor performs
on the site in terms of Construction Regulations 2003.
3.
The Contractor shall appoint a Competent Person who shall be trained on any occupational health and
safety aspect pertaining to them or to the work that is to be performed.
4.
The Contractor shall ensure that he familiarises himself with the requirements of the Occupational Health
and Safety Act and that he, his employees, and any sub-contractors, comply with them.
5.
Discipline in the interests of occupational health and safety shall be strictly enforced.
6.
Personal protective equipment shall be issued by the Contractor as required and shall be worn at all times
where necessary.
7.
Written safe work procedures and appropriate precautionary measures shall be available and enforced,
and all employees shall be made conversant with the contents of these practices.
8.
9.
All incidents referred to in terms of Section 24 of the Occupational Health and Safety Act shall be reported
by the Contractor to the Department of Labour and the Employer.
10
The Employer hereby obtains an interest in the issue of any formal inquiry conducted in terms of Section
32 of the Occupational Health and Safety Act and into any incident involving a Contractor and/or his
employees and/or his sub-contractor/s.
11.
12.
No alcohol or any other intoxicating substance shall be allowed on the site. Any person suspected of being
under the influence of alcohol or any other intoxicating substance shall not be permitted access to, or
allowed to remain on the site.
13.
Prior to commencement of any work, verified copies of all documents mentioned in the agreement, must be
presented to the Employer.
Contract
Part C1: Agreements and Contract Data
Reference No. 25G/2009/10
103
C1.4
Health and Safety Agreement
Pages
C2.1 Pricing Instructions ..................................................................108 110
C2.2 Schedules of Quantities ...........................................................111 125
Contract
Part C2: Pricing Data
Reference No. 25G/2009/10
104
C2
Pricing Data
The Schedules of Quantities contain only brief descriptions to identify the salient items required and the
Tenderer is referred to the Scope of Work and drawings for the full requirements.
2.
The prices and rates to be inserted in the Schedules of Quantities are to be the full inclusive prices for the
work described under the several items. Such prices and rates shall cover all costs and expenses that may
be required in and for the execution of the work described, and shall cover the cost of all general risks,
liabilities, and obligations set forth or implied in the documents on which the tender is based, as well as
overhead charges and profit. Reasonable prices shall be inserted as these will be used as a basis for
assessment of payment for additional work that may have to be carried out.
3.
A price or rate is to be entered against each item in the Schedules of Quantities, whether the quantities are
stated or not. An item against which no price is entered will be considered to be covered by the other prices
or rates in the Schedules of Quantities.
4.
Except where rates only are required, insert all amounts to be included in the total tendered price in the
"Amount" column and show the corresponding total tendered price. The total tendered price shall govern in
the event of any arithmetical errors (refer to F3.9 in Annex F attached to page vii).
5.
The units of measurement described in the Schedules of Quantities are metric units, as well as the following:
No.
Item /Sum
Prov sum
Days
=
=
=
=
number
lump sum
Provisional sum
Day as defined in the Conditions of Contract
6.
Items have been provided where any further items considered necessary by the Tenderer can be priced. The
Tenderer must provide full details of what has been allowed for with his Tender under these items.
7.
If any change in design is contemplated during the course of the Contract, the Contractor will be required to
provide the Engineer with a detailed breakdown of the contract price involved with a similarly detailed
breakdown of the suggested revised price together with supporting quotations and other relevant
documentation to satisfy the Engineer that the revised price is built up in a similar manner to the original
contract price.
8.
The Tenderer is referred to Sub-Clause 4.11, Sufficiency of the Accepted Contract Amount, of the General
Conditions of Contract (General Conditions).
9.
The Tenderer is referred to Sub-Clause 14.1, The Contract Price, of the General Conditions as amended in
the Particular Conditions in Part C1.2 Contract Data.
10. References to the Conditions of Contract in the Schedules of Quantities shall mean the General Conditions
read in conjunction with the Appendix to Tender and Particular Conditions, all as set out in Part C1.2 Contract
Data.
11. The Tenderer is referred to F2.13.1 in Part T1.2 Tender Data regarding the pricing of Variations from
Specification and/or Options.
Contract
Part C2: Pricing Data
Reference No. 25G/2009/10
105
C2.1
Pricing Instructions
12. The Tenderer is referred to Sub-Clause 13.8 of the Particular Conditions in Part C1.2 Contract Data
regarding Contract Price Adjustment and Variations in Rates of exchange; regarding the latter, the Tenderer
is specifically referred to the Contractors obligation to take out forward cover. Returnable Schedule 19 is
attached hereto and must be completed by the Tenderer in conjunction with pricing the relevant items in the
Schedules of Quantities. The Tenderers attention is also drawn to Sub-Clauses 2.1(b) and 10.3 (b) of the
Particular Conditions.
13. The Rand value of imported equipment listed in Schedule 25 shall be carried forward from column (F) and
included in the price of each of the relevant items in the Schedules of Quantities.
Contract
Part C2: Pricing Data
Reference No. 25G/2009/10
106
C2.1
Pricing Instructions
Contract
Part C2: Pricing Data
Reference No. 25G/2009/10
Rate of
Exchange
(B)
Value in Foreign
Currency
(A)
107
(C)
Value in Rand
(A) x (B)
(D)
Rand
Customs
Surcharge
%
(E)
Rand
Customs
Duty*
(F)
Total in Rand
of
(C) + (D) + (E)
included in
Schedules of
Quantities
Item
Note:
Schedules
of
Quantities
Item No.
C2.1
Returnable Schedule 19
CONTENTS
PAGES
SCHEDULE NO. 1
109
SCHEDULE NO. 2
110
SCHEDULE NO. 3
111
SCHEDULE NO. 4
112
SCHEDULE NO. 5
On-Board Systems
113
SCHEDULE NO. 6
114
SCHEDULE NO. 7
Control Centre
115
SCHEDULE NO. 8
Depots
116
SCHEDULE NO. 9
Maintenance
117
118
SUB TOTAL
119
TOTAL
120
DECLARATION
121
Contract
Part C2: Pricing Data
Reference No. 25G/2009/10
108
C2.2
Schedules of Quantities
DESCRIPTION
UNIT
QTY
RATE
AMOUNT
The rates and lump sums to be filled in hereunder must make provision for all the
general time and value related expenses and cost of the contract
1.2
1.3
Fixed Obligations
Performance Security in accordance with FIDIC clause 4.2 of the
Conditions of Contract
Establishment and De-establishment on site
Supervision during installation
Sum
Sum
1.4
Sum
1.5
1.1
1.6
1.7
Sum
month
16
month
16
month
16
month
Office and Workshop accommodation
Other General expenses incurred in complying with the requirements of the
1.11
month
Scope of Work not included above (Specify):-
16
1.8
1.9
1.10
month
16
16
Contract
Part C2: Pricing Data
Reference No 25G/2009/10
109
C2.2
Schedule of Quantities
DESCRIPTION
Personnel during normal working hours (Dayworks)
(a) Unskilled labour
(b) Semi-skilled labour
(c) Skilled labour
(d) Artisan (Welder of similar)
(e) Ganger
(f) Flagmen
(g) Electrician
(h) Fibre optics Technician
(i) Electronics Technician
(j) Programmer
(k) Network Engineer
(l) Systems Engineer
UNIT
QTY
h
h
h
h
h
h
h
h
h
h
h
h
100
100
50
10
10
10
50
50
50
50
20
20
2.2
a)
b)
c)
RATE
AMOUNT
16
No
-R 10,000.00
Rate Only
No
-R 1,000.00
Rate Only
Contract
Part C2: Pricing Data
Reference No 25G/2009/10
110
C2.2
Schedule of Quantities
DESCRIPTION
UNIT
QTY
RATE
AMOUNT
The design process is an essential part of the implementation of this project. The contractor will be required to do all designs and illustrate that the
proposed design can meet the City's requirements as outlined in Volume 2B.
A preliminary design on which the tender is based must also be completed and provided with the tender
3.1
a)
Sum
b)
Sum
c)
Sum
d)
Sum
e)
Sum
f)
Sum
3.2
a)
Sum
b)
Sum
c)
Sum
d)
Sum
e)
Sum
f)
Sum
3.3
a)
Sum
b)
Sum
c)
Sum
d)
Sum
e)
Sum
f)
3.4
a)
R 100,000.00
Sum
b)
Installation manuals
Sum
c)
Training manuals
Sum
d)
Test documentation
Sum
e)
As-built documentation
Sum
f)
Sum
g)
O&M manuals
Sum
h)
User manuals
Sum
i)
Sum
j)
As Built Drawings
Sum
111
C2.2
Schedule of Quantities
DESCRIPTION
4.1
Office Accommodation for one person (15sqm) over contract period with
access to boardroom facilities, ablutions and parking. Office will be neatly
finished with airconditioning and sufficient light.
4.2
a)
b)
c)
d)
e)
f)
Office Furniture
Desk complete with drawers and locks
Desk Chair
Conference Table
Chairs for Conference Table
Bookcase
Filling Cabinet
4.3
a)
UNIT
QTY
Month
16
No
No
No
No
No
No
1
1
1
12
1
1
RATE
AMOUNT
Prov Sum
R 15,000.00
R 15,000.00
b)
Prov Sum
c)
Contractors handling cost, profit and all other charges in respect of item
4.3 (a)
d)
Contractors handling cost, profit and all other charges in respect of item
4.3 (b)
e)
month
16
112
C2.2
Schedule of Quantities
DESCRIPTION
UNIT
QTY
SUPPLY EQUIPMENT
RATE
AMOUNT
INSTALL EQUIPMENT
RATE
AMOUNT
The rates must make provision for all specified equipment and miscellaneous auxiliary materials in order to handover the complete installation as
specified and includes hardware and all related software for each subsystem and integration between systems.The pay items listed must be priced
according to the contractor's design which will satisfy the technical requirements outlined in Volume 2B.
5.1
5.2
5.3
No.
245
No.
245
No.
245
No.
245
5.4
5.5
No.
245
5.6
No.
245
5.7
No.
85
5.8
No.
245
5.9
No.
85
No.
50
Sum
Sum
..
TOTAL CARRIED FORWARD TO SUMMARY PAGE
Contract
Part C2: Pricing Data
Reference No 25G/2009/10
113
C2.2
Schedule of Quantities
DESCRIPTION
UNIT
QTY
SUPPLY EQUIPMENT
RATE
AMOUNT
INSTALL EQUIPMENT
RATE
AMOUNT
The rates must make provision for all specified equipment and miscellaneous auxiliary materials in order to handover the complete installation as
specified and includes hardware and all related software for each subsystem and integration between systems.The pay items listed must be priced
according to the contractor's design which will satisfy the technical requirements outlined in Volume 2B.
No.
6.2
No.
17
17
6.3
No.
19
6.4
No.
6.5
No.
17
6.6
GSM/UMTS modem
No.
17
6.7
No.
17
6.8
(a)
No.
144
(b)
No.
(c)
No.
6.9
No.
6.10
No.
180
No.
36
No.
36
Sum
No.
54
No.
54
No.
109
No.
109
No.
109
No.
109
No.
109
No.
109
No.
109
..
..
..
TOTAL CARRIED FORWARD TO SUMMARY PAGE
6.23
Contract
Part C2: Pricing Data
Reference No 25G/2009/10
Sum
114
C2.2
Schedule of Quantities
DESCRIPTION
UNIT
QTY
SUPPLY EQUIPMENT
INSTALL EQUIPMENT
RATE
RATE
AMOUNT
AMOUNT
The rates must make provision for all specified equipment and miscellaneous auxiliary materials in order to handover the complete installation as
specified and includes hardware and all related software for each subsystem and integration between systems.The pay items listed must be priced
according to the contractor's design which will satisfy the technical requirements outlined in Volume 2B.
7.1
Sum
7.2
Sum
7.3
Sum
7.4
Sum
7.5
Sum
7.6
Sum
7.7
Sum
7.8
Sum
7.9
Sum
Sum
Sum
Sum
Sum
Sum
Sum
Sum
12
Sum
No.
7.18 Workstations
(a)
(b)
No.
(c)
No.
Sum
Sum
7.19
7.22
Sum
115
C2.2
Schedule of Quantities
Schedule 8: Depots
NAME OF TENDERER__________________________________________
ITEM
DESCRIPTION
UNIT
QTY
SUPPLY MATERIASum
RATE
AMOUNT
SUPPLY LABOUR
RATE
AMOUNT
The rates must make provision for all specified equipment and miscellaneous auxiliary materiaSum in order to handover the complete installation as
specified and includes hardware and all related software for each subsystem and integration between systems.The pay items listed must be priced
according to the contractor's design which will satisfy the technical requirements outlined in Volume 2B.
8.1
Hardware
Depot Server Computer
No.
8.2
No.
8.3
8.4
ADSL modem
Workstations
No.
No.
2
4
8.5
No.
8.6
Sum
No.
20
No.
No.
8.7
8.8
8.9
8.10
Sum
Contract
Part C2: Pricing Data
Reference No 25G/2009/10
116
C2.2
Schedule of Quantities
Schedule 9: Maintenance
NAME OF TENDERER__________________________________________
ITEM
DESCRIPTION
UNIT
QTY
SUPPLY MATERIALS
RATE
AMOUNT
SUPPLY LABOUR
RATE
AMOUNT
Maintenance shall be provided and performed according to the definitions and guidelines specified in Section C3.16
9.1
Equipment Guarantees
Guarantee of all equipment against defects and
failure for a period of 1 year from date of
acceptance of the system
9.2
Sum
(a)
month
(b)
Year 2
month
12
(c)
Year 3
month
12
(d)
Year 4
month
12
(e)
Year 5
month
12
(f)
Year 6
month
12
(g)
Prov
Sum
9.3
(a)
Preventative Maintenance
Monthly cost of all preventive maintenance costs
as specified in Section C3.16.
On-Board System
month
(b)
month
12
(c)
month
(d)
month
(e)
month
72
72
72
72
72
9.4
No.
9.5
1
1
1
R500,000.00
Priority Level 1
No.
(b)
Priority Level 2
No.
(c)
Priority Level 3
No.
-R5,000.00
Rate Only
-R2,000.00
Rate Only
-R1,000.00
Rate Only
117
C2.2
Schedule of Quantities
DESCRIPTION
UNIT
QTY
RATE
AMOUNT
The rates to be filled in hereunder must make provision for all labour required to fulfil the detail operational an training requirements as
specified and should include the total cost of labour
10.3
Months
24
Operator A (x3)
Operator B (x3)
Months
Months
24
24
No.
10.5
Operations Course/Class
No.
10.6
Maintenance Course/Class
No.
10.7
No.
10.8
No.
10.9
Reporting Course/Class
No.
10.10
IT training Course/Class
No.
10.11
Follow-up training
No
Contract
Part C2: Pricing Data
Reference No 25G/2009/10
118
C2.2
Schedule of Quantities
SUB TOTAL
NAME OF TENDERER__________________________________________
AMOUNT
Schedule 1
Schedule 2
Schedule 3
Schedule 4
Schedule 5
On-Board Systems
Schedule 6
Schedule 7
Control Centre
Schedule 8
Depots
Schedule 9
Maintenance
Schedule 10
Contract
Part C2: Pricing Data
Reference No 25G/2009/10
119
C2.2
Schedule of Quantities
TOTAL
NAME OF TENDERER__________________________________________
ITEM
DESCRIPTION
UNIT
QTY
Prov
Sum
Allow for any additional Cost and profit required per day in
the event of access to, and possession of, the Site not
being available as per Sub-Clause 2.1(b) of the Conditions
of Contract.
Days
35
Allow for any additional Cost and profit required per day in
the event of a delay in the testing and commissioning at
Site and the resultant delay in the commencement of the
Defects Notification Period from causes not attributable to
the Contractor, as per Sub-Clause 10.3 (b) of the
Conditions of Contract.
Days
35
Lump
Sum
RATE
AMOUNT
Brought Forward:
CONTINGENCIES
The following items will be deducted in part or whole if not required :-
R 5,000,000.00
Contract
Part C2: Pricing Data
Reference No 25G/2009/10
120
C2.2
Schedule of Quantities
I/We, the undersigned, do hereby declare that these are the properly priced Schedules of Quantities forming Part
C2.2 of this Contract Document which contains 138 pages numbered i to xvii and 1 to 121 in consecutive order in
Volume 2A and the number of pages in consecutive order in Volume 2B as stated on page i thereof, upon which
my/our tender for TENDER NO. 25G/2009/10: DESIGN, DESIGN, SUPPLY, DELIVERY, INSTALLATION,
TESTING, COMMISSIONING AND MAINTENANCE OF THE IRT CONTROL CENTRE HARDWARE AND
SOFTWARE SYSTEMS has been based.
-----------------------------------------------------------------------SIGNATURE OF TENDERER/S
----------------------------------------------------------DATE
Contract
Part C2: Pricing Data
Reference No. 25G/2009/10
121
C2.2
Schedules of Quantities