FOR THE PURCHASE OF IMMOVABLE PROPERTY

Tender number 219P/2018/19 - Purchase of Industrial Park Erven, Khayelitsha

TENDER DOCUMENT FOR THE PURCHASE OF IMMOVABLE PROPERTY

SUPPLY CHAIN MANAGEMENT

SCM-542d Approved: 2012-05-21 by Legal Services Department for Property tenders Version: 4.1 FF Page 1 of 56

TENDER NO: 219P/2018/19

TENDER FOR THE PURCHASE, DEVELOPMENT AND MANAGEMENT OF INDUSTRIAL PARK ON ERVEN 804, 806, 807, 809, 39202, 39203, 39204, 39207, 39208, 39209, 39210, 39211, 39212, 39213, 39215, 39216, 39217, 39218, 39219, 39220, 45089, 51104, 51105, ZONED GENERAL INDUSTRIAL 2 EXCEPT FOR ERF 45089 WHICH HAS A GENERAL BUSINESS 4 ZONING, BOUND BY SPINE ROAD (SOUTH), PHAKAMANI ROAD (WEST) AND RAILWAY LINE (EAST), KHAYELITSHA

TENDER SERIAL NO.:

CLOSING DATE: 11 MARCH 2019 SIGNATURES OF CITY OFFICIALS AT TENDER OPENING

CLOSING TIME: 10:00 am 1

2

TENDER BOX NUMBER: 139 3

TENDER FEE: R200.00 Non-refundable tender fee payable to City of Cape Town

(CCT) for a hard copy of the tender document. This fee is not

applicable to website downloads of the tender document

(these are free of charge).

IMPORTANT NOTICES TO TENDERERS:

a) Tenders must be properly received and deposited in the abovementioned tender box on or before the closing date and before the closing time at the Tender Submission Office situated at the 2nd floor, Concourse Level, Civic Centre, 12 Hertzog Boulevard, Cape Town;

b) No late tenders submitted after the closing time of the tender will be accepted under any circumstances.

c) Tender offers must be submitted in a sealed envelope clearly reflecting the tender number and tender description as indicated above;

d) No electronic tenders or tenders via post, facsimile (fax) or telegram will be accepted;

e) Only original tenders will be accepted. No copies will be accepted;

f) For this tender to be valid on the closing date, the Form of Offer (page 7 - 8) must be completed and signed by the tenderer, and the tender price/s must be inserted on page 9; and

g) DO NOT DISMEMBER THIS TENDER DOCUMENT (DO NOT TAKE IT APART, OMIT PAGES, CHANGE WORDING OR PUT DOCUMENTS BETWEEN ITS PAGES). ALL OTHER DOCUMENTS MUST BE ATTACHED AT THE END OF THIS DOCUMENT TO SCHEDULE 11 (SEE INDEX ON PAGE 2).

h) A non-compulsory but highly recommended briefing session will take place at 13th Floor, Civic Centre, Property Department, 12 Hertzog Blvd, Cape Town at 11:00am on 05 February 2019. It is strongly recommended that Tenderers attend this briefing session due to issues related to the proposed development. For further details, contact Thulani Madikane at [email protected]

TENDERER

NAME of Company / Close Corporation or Partnership / Consortium / Joint Venture or Sole Proprietor / Individual

TRADING AS (if different from above)

mailto:[email protected]

TENDER NO: 219P/2018/19

2 Tender number: 219P/2018/19 - Purchase of Industrial Park Erven, Khayelitsha

INDEX

Part Description Page

Notice to Tenderers 3-4

1 Details of Tenderer 5-6

2 Contract Form – Form of Offer 7-8

3 Price Schedule 9

4 Specifications and Locality Plans 10-17

5 Conditions of Tender 18-24

6 Evaluation Criteria 25-29

CONDITIONS OF CONTRACT

7 Special Conditions of Contract for the Sale of City-Owned Immovable Property 30-31

8 General Conditions of Contract for the Sale of City-Owned Immovable Property 32-37

SUPPORTING SCHEDULES, INCLUDING DECLARATIONS AND CERTIFICATIONS

1 Resolution by Directors / Members / Trustees / Office Bearers 38-39

2 Certificate of Authority for Partnership / Consortium / Joint Venture 39-40

3 Declaration for Transaction Value Exceeding R10 million 41-42

4 Preference Schedule 43-47

5 Declaration of Interest – State Employees (MBD 4) 48-50

6 Declaration - Conflict of Interest Declaration 51

7 Declaration of Tenderer’s Past Supply Chain Management Practices (MBD 8) 52-53

8 Declaration – Municipal Rates and Service Charges Owed, and Authorisation to Deduct Amounts Due to City of Cape Town

54

9 Certificate of Independent Bid/Tender Determination (MBD 9) 55

10 Organisation’s Current Office Bearers – NGO/NPO/PBO 56-57

11 Record of Tenderer’s Addenda to Tender Document 58

TENDER NO: 219P/2018/19


NOTICE TO TENDERERS

The Council of the City of Cape Town has in principle approved the sale by public tender of the immovable properties detailed in this tender document, and Tenders have been invited in the press for offers to purchase the properties.

INVITATION TO TENDER

TENDER NO: 219P/2018/19


In terms of the provisions of the Municipal Finance Management, Act 56 of 2003, the Municipal Asset Transfer Regulations R.878/2008, the City’s Policy on the Management of Certain of the City of Cape Town`s Immovable Property, 2010, and the City’s Supply Chain Management Policy, 2017, tenders are hereby invited for the purchase of the following immovable properties owned by the City of Cape Town (also referred to in this document as the City or CCT or the Seller):

ERF NUMBER LOCATION ZONING EXTENT (m²)

1 804 Hostel Street Industrial 5 265



4 809 c/o Hostel & Vati Street Industrial 5 469



7 39204 Hostel Street Industrial 429














21 45089 Bound by Phakamani & Hostel Streets Business 3 032

22 51104 Bound by Phakamani & Hostel Streets Industrial 2 500

23 51105 Bound by Phakamani & Hostel Streets Industrial 5 007

TOTAL 57 641

PLEASE NOTE: a) The sale(s) will be subject to the conditions and procedures detailed in this Tender Document;

b) Value-added tax (VAT) will be applicable to the transaction. The purchaser will have to pay the VAT and any fees required to transfer the property into their name;

c) The City envisages the development of the site for an industrial park and therefore only tender submissions

for this development will be considered;

d) Tenderers are required to submit with this tender proof of funding as stipulated in clause 6.2.2.7;

e) The purchase price will be subject to escalation at a rate of 6% per annum from 6 months after acceptance

TENDER NO: 219P/2018/19


of the bid by the City;

f) The property is subject to availability and thus vacant occupancy is subject to the property not being illegally occupied at the time of transfer;

g) The successful tenderer will, at his/her cost, be responsible for the provision of all external/internal and/or bulk services required in order to execute the development “as may be specified by the statutory approvals process”, if applicable;

h) It is the responsibility of prospective tenderers to inspect the site prior to submission of this tender document and to consider consulting their own professional advisors in the matter of ascertaining for themselves the site conditions, traffic, location, surroundings, availability of power, water and other utilities for construction, access to site, handling and storage of materials, applicable laws and regulations, and any other matter considered relevant to the development of the property. The City shall disclose any known defects on the property;

i) It is the responsibility of the tenderer to further inspect the infrastructure prior to submission of this tender document as they will be required where necessary to repair, replace, upgrade and/or install it at the tenderer’s cost;

j) Tenderers are required to submit with this tender, or within 7 days of written request to do so, a Tax Clearance Certificate from the local SARS office where such tenderer is registered for Income Tax purposes.The tenderer must also provide its Tax Compliance Status Pin number on the Details of Tender page of the tender submission (page 6);

k) Tenderers will be required to provide proof of financial capability with this tender document as stipulated in clause 6.2.2.7 of Evaluation Criteria; and

l) Tenderers are required to submit with this tender the relevant certificate (s) (either an original valid B-BBEE status level verification certificate in terms of Codes of Good Practice for Broad Based Black Economic Empowerment) Refer to Schedule 4: Preference Schedule.

TENDER NO: 219P/2018/19


1. DETAILS OF TENDERER

1.1 Type of Tenderer (Please tick one box)

Individual Sole Proprietor Close Corporation Company

Partnership OR Joint Venture

Trust Other: ……….......………..………

1.2 Required Details (Please provide applicable details in full):

Full Name of Tenderer

Trading as

(if different from above)

Tenderer’s

registration number

Tenderer’s Postal address

Postal Code __________

Tenderer’s Physical address (official Street Address) of Tenderer / Lead Partner


Contact Details of the Person Signing the Tender

Title: ____ ________________________________________________ (Mr/Mrs/Ms) (Name/s and Surname)

Telephone : ( ___ ) _________________ Fax: ( ___ ) _______________

Cellular Telephone:__________________________________________

e-mail address:______________________________________________

Details of Contact Person of the Tenderer

If the Tenderer is registered as a non-profit organisation (NPO) / non-governmental organisation (NGO), two office bearers need to be nominated by the Organisation as Contact Persons for the purposes of this tender


Contact person’s designation / title in your organisation ____________________________________

TENDER NO: 219P/2018/19


Telephone: ( ___ ) _________________ Fax: ( ___ ) ______________

Cellular Telephone: _________________________________________

e-mail address: ____________________________________________

Details of another Contact Person of the Tenderer


Contact person’s designation / title in your organisation ____________________________________

Telephone: ( ___ ) _________________ Fax: ( ___ ) _______________

Cellular Telephone: _________________________________________

e-mail address: ____________________________________________

Tenderer’s Tax Clearance number (at SARS)

Tenderer’s VAT registration number (if applicable)

SARS Tax Compliance Status Pin number

Organisational Affiliation/s and registration number/s of the Tenderer

Affiliated or umbrella organisation/s and formal registration authority/ies:

TENDER NO: 219P/2018/19


2. CONTRACT FORM

FORM OF OFFER

TENDER NO.: 219P/2018/19


The CCT has called for tenders for the purchase of City-owned immovable property:

2.1 Type of Tenderer / Firm (Please tick one box)

Individual Sole Proprietor Close Corporation Company

Partnership OR Joint Venture

Trust Other: ……….......………..………

2.2 Required Details (Please provide applicable details in full):

Name of Organisation

(“the tenderer”)

Trading as (if different from above)

Tenderer’s Registration number (if

applicable)

*Refer to Clause 6.1 Evaluation Criteria: Invalid Tenders

AND WHO IS represented herein by: (full names of signatory) _____________________________

duly authorised to act on behalf of the tenderer in his capacity as: (title/ designation) _____________________

HEREBY MAKES AN OFFER to the City of Cape Town by signing the Form of Offer and declares: a) The Tenderer has examined the documents listed in the Index (including Supporting Schedules and

Annexures) and by submitting this offer has accepted all the Conditions of tender; b) By signing the Form of Offer, the Tenderer agrees to the terms and conditions and Specifications

stipulated in this tender document and offer to purchase immovable property at the price as set out in the Price Schedule (Part 3);

c) The Tenderer confirms that the amount constitutes the full purchase price for the property as indicated in the Form of Offer;

d) The Tenderer undertakes to, where applicable, pay the full purchase price on or before the date of transfer as agreed between the parties; and

e) The Tenderer agrees that communication of a decision by the City of Cape Town to award the properties may be by letter, by facsimile (fax) or by e-mail.

TENDER NO: 219P/2018/19


SIGNED AT______________________ON THIS THE_________DAY OF______________20____

(PLACE) (DD) (MM) (YY)

*

_______________________________

Signature(s)

*Refer to Clause 6.1 Evaluation Criteria: Invalid Tenders

_________________________________

Print name(s):

On behalf of the tenderer (duly authorised)

_________________________________

Date

INITIALS OF CITY

OFFICIALS

1 2 3

TENDER NO: 219P/2018/19


3. THE PRICE SCHEDULE

In accordance with the Contract Form, the Tenderer offers to purchase the following at the stated price which amount constitutes the full purchase price as indicated.

LOCATION: 23 ERVEN IN KHAYELITSHA BOUND BY SPINE ROAD (SOUTH), PHAKAMANI ROAD

(WEST) AND RAILWAY LINE (EAST) ZONING: GENERAL INDUSTRIAL 2 (GI2) X 22 ERVEN AND GENERAL BUSINESS 4 (GB4) X 1 ERF

OFFER TO PURCHASE

Erven Approx. Extent

m2

FINANCIAL OFFER / PURCHASE PRICE

Total (Excluding VAT)

R

VAT (15%) R

Total (Including VAT)

R

Twenty-three (23) properties designated

for the Khayelitsha Industrial Park

57 641 m² R R R

PRICE SCHEDULE CONDITIONS AND INSTRUCTIONS:

a) The price excluding value-added tax (VAT) is the official tender price for tender comparison and

evaluation purposes; b) VAT will be added to the price, and the VAT-inclusive price will be payable by the Purchaser; c) In the event of the Tenderer indicating an incorrect VAT-inclusive total due to a calculation error, that

figure will be corrected by adding the current VAT rate to the price excluding VAT; d) A Tender price may not be determined by reference to any other tender and must state a specific sum

of money expressed in South African currency (Rand) only; e) The City reserves the right not to accept any offer; f) The City reserves the right not to accept any conditional Tender including any offer where different

tender/contract conditions are proposed by the Tenderer; g) The purchase price will be subject to escalation at a rate of 6% per annum from 6 months after acceptance

of the bid by the City;

h) It is therefore advisable for any prospective tenderer to consider consulting with their own professional advisors in the matter of determining the price offers for the purposes of this tender submission; and

i) Tenderers will be required to provide proof of financial capability with this tender document as stipulated in clause 6.2.2.7 of Evaluation Criteria.

INITIALS OF CITY OFFICIALS

1 2 3

TENDER NO: 219P/2018/19


4. SPECIFICATIONS AND LOCALITY PLANS

4.1 Introduction

The City of Cape Town would like to facilitate the development of an industrial park in Khayelitsha on approximately 5.7ha serviced site comprising of 23 appropriately zoned properties of varying sizes (429 m² - 7 588 m²). This tender document thus serves as a call for proposals for the purchase of these properties for the development and management of the proposed Khayelitsha Industrial Park and the

locality of the site is indicated below.

TENDER NO: 219P/2018/19


The Khayelitsha Industrial Park Feasibility Study – Draft Report by Urban Econ can be consulted in preparation for the conceptual development plan. However, the demonstration of own creativity is encouraged. The feasibility study also confirmed the need for the development of an industrial park in Khayelitsha and further revealed that in terms of formal economic activity, investment within Khayelitsha has historically been limited, a fact which is reflected by the low levels of commercial and industrial property. Investment has mainly been in the form of retail development in proximity to key public transport interchanges.

It also indicated that the local economy in Khayelitsha is dominated to a large extent by the Personal, Social and Community Services sector (28%), Wholesale and Retail Trade (18%) and Construction activities (17%),followed by Finance and Business Services (16%). Since 2000, the Wholesale & Retail Trade and Construction sectors have increased in relative importance, when looking at contribution to GDP. The Manufacturing sector has not performed well in Khayelitsha, which is reflected in the shortage of formal industrial activities in the area. The informal industrial activities are currently taking place at the backyards of the residential areas and on road reserves/pavements. The informal industrial activities have a potential to grow the economy of the area and create sustainable job opportunities in the node. Private sector investment in Khayelitsha is currently focusing mostly on retail business development and there is a need for the diversification of future investment to include other economic sectors. The consideration for the economic diversity for the area is to broaden and enhance skills development, economic empowerment and sustainable job opportunities for the local community. Khayelitsha has a high rate of unemployment with Industrial related semi-skills that cannot be absorbed by the retail sector.

4.2 Site Location

Khayelitsha is located in close proximity to the N2 National Road and this has positive implications for the accessibility of the proposed Khayelitsha industrial Park. The site is strategically located at a centre of Khayelitsha and is bound by Spine Road to the south (main activity street), railway line (east) and Phakamani Street (west). Access is gained via Phakamani Street. The locality of the site is indicated in Section 4.1 above). The site is crucial to reinforce the spatial integration with other Spine Road development initiatives such as, Vuyani Gateway Node, Khayelitsha CBD, Khayelitsha Training Centre and development of Khayelitsha Golf Driving Range (KGDR) precinct.

4.3 Zoning and Land Use Management

Of the 23 properties and under the Town Planning Scheme Act 4 of 1984, 22 are zoned for industrial

use while only 1 is zoned for business use.

TENDER NO: 219P/2018/19


4.4 Ervens available for Industrial Development

There are 23 ervens that are available for industrial development (see page 3). These comprise of

Erven 804, 806, 807, 809, 39202, 39203, 39204, 39207, 39208, 39209, 39210, 39211, 39212, 39213,

39215, 39216, 39217, 39218, 39219, 39220, 45089, 51104, 51105, The total size of the available

ervens constitutes approximately 5.7 hectors. The developable blocks/erven are indicated by the letter

“D” below.

4.5 Privately owned and leased Properties

Although the majority of the ervens on the proposed site for development belongs to the City of Cape

Town, certain ervens are privately owned while others are leased from Council. The privately owned

formal operations include Eskom Training Centre Facility (Erf 808), Funeral Parlour (Erf 63002), Kwa

Nothemba Home (Erf 808), Telkom SA Soc LTD (Erf 54365) although their building structure is on

Remainder Erf 51106) and erf 61501 as indicated on the aerial photograph below by the letter “P”.

TENDER NO: 219P/2018/19


Erf 61501 is approximately 12410m² in extent and is also zoned General Industrial 2 and has an

existing structure occupying approximately 12% of this property. The owner has indicated willingness to

sell should the successful tenderer in respect of City-owned properties be interested in purchasing and

developing Erf 61501 as part of the proposed industrial park.

There are also two informal businesses operating on Erven 804 and 51104 without any legal

agreement. However, the City of Cape Town is considering moving these businesses to Erf 51107 to

formalise these businesses through formal lease agreements.

4.6 Development of the Site

The site must be developed in accordance with the following City’s vision:

a) In terms of design and building materials the industrial park be developed by the successful tenderer generally in accordance with the rest of the best designed industrial parks in South Africa;

TENDER NO: 219P/2018/19


b) The design should be based on sustainability, ingenuity and optimal allocation of appropriate land

uses in line with “Best Practice” examples of industrial parks globally;

c) To establish an industrial park which will be operating on a commercial basis and able to attract larger and more established businesses to enhance socio-economic development in the area and provide the most needed job opportunities;

d) Construction is expected to start within 2 years from the date of transfer of the Property to the

successful tenderer;

e) Buildings should be located towards the street edge to improve levels of enclosure; and

f) The Khayelitsha Industrial Park Feasibility Study – Draft Report by Urban Econ can be consulted in preparation for the conceptual development plan. However, the demonstration of own creativity is encouraged.

4.7 General Conditions of Sale

a) The City shall not be liable for any latent or patent defects in the Properties;

b) All necessary costs related to the sale and registration of transfer of the Properties including but not limited to the payment of Value Added Tax on the purchase price, Agreement of Sale fee, conveyancer fees, survey costs, servitude registration costs, any stamp duties or rates and charges payable in respect of the Properties to be paid by the purchaser;

c) The Purchaser shall be required to pay a deposit of up to 10% (amount as determined by the Seller) on signature of the Agreement of Sale and the balance of the purchase price shall be paid either against registration of transfer or against possession of the properties being given prior to registration of transfer if agreed to by the Seller;

d) The purchase price must be paid in full on or before the date of transfer;

e) The Purchaser shall within 21 days of being requested to do so by the transferring attorney, sign all

documents and pay all monies to enable transfer to be effected, failing which the Seller reserves the right to cancel the sale;

f) Possession of the properties shall be taken against registration of transfer or at an earlier date as

agreed between the parties;

g) The Purchaser will at his/her own cost be responsible for all statutory approvals (e.g. Environmental Authorisation, Land Use Approvals etc.) that may be required in order to proceed with the development of the properties in terms of the current or future zoning;

h) The Seller will not benefit in any eventual surplus, nor will it be liable for any deficiency in extent,

and the properties are sold subject to the relevant diagrams, title deeds and Township Conditions. The Seller shall not be responsible for indicating existing boundaries and beacons;

i) The sale of the properties is subject to all conditions contained or referred to in the Seller’s Title

Deed of any relevant prior Title Deeds as well as all other conditions or servitudes, if any, which are applicable in respect of the Properties;

j) Any servitudes required to be registered in respect of any Council services shall be registered at the

cost of the Purchaser;

k) The Purchaser undertakes not to alter his/her/its status or capacity in any way prior to the transfer of the Properties without the written consent of the Seller;

l) The purchase price will be subject to escalation at a rate of 6% per annum from 6 months after

acceptance of the bid by the City.

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m) Any installations, alterations and/or connections to services necessary as a consequence of the development of the properties will be at the Purchaser’s cost. Development contributions may be payable in terms of City Policies.

4.8 Development Conditions

a) A conceptual site development plan (SDP) covering the entire proposed Khayelitsha Industrial Park Precinct shall be submitted to Property Management Department for approval prior to submission of building plans to Planning and Building Development Management;

b) Buildings fronting onto Spine and Phakamani Road must provide positive frontage and overlooking

onto the streets;

c) The proposed development must be managed by an Industrial Owners Association and thus the successful tenderer must further negotiate with the existing businesses on site to encourage them to become members of the association;

d) All traffic legislation and regulations be considered while planning, constructing and implementing

the proposed industrial park;

e) All erven will be accessed from internal road system (Hostel & Vati);

f) All development proposals must be submitted to Transport and Urban Development Authority for approval in terms of vehicular access, on-site parking and other matters pertaining to the traffic impact assessment;

g) While consolidation of smaller erven into larger more viable land parcels is supported, at least 25%

of site must be developed to accommodate small businesses (SMMEs) that require less than 1000m²;

h) The successful tenderer and successor in title may only use the Property for the development of an

industrial park;

i) The rezoning of the site from industrial to any other use will not be supported;

j) For landuses falling outside the primary uses in terms of the General Industry Subzones as defined in the City of Cape Town Zoning Scheme Regulations the consent of Property Management Department must first be obtained before any statutory landuse application can be submitted to the local municipality;

k) The successful tenderer will, at his/her cost, be responsible for the provision of all external/internal

and/or bulk services required in order to execute the development “as may be specified by the statutory approvals process”, if applicable, and

l) The successful tenderer will be responsible for acquiring the relevant development rights via any

and all statutory approval processes applicable at the time of submission of the relevant development applications. All costs and risk in the submission of the development applications will be for the successful tenderer’s account.

4.9 Servitude Conditions

A sewer pipe servitude runs across Erven 51107 and 39214 including Remainder Erf 51105 from the

south-west portion of the site on Spine Road to Phakamani Road as indicated on the aerial photograph

below and and thus tenderers must take cognisance of this servitude when compiling their development

proposals.

a) The servitude area will be retained by the City as public open space;

b) The permissible building line along the servitude area is to be confirmed with the Department of

Planning and Building Development Management;

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c) The City of Cape Town shall have the right in perpetuity to direct sewage flow and other services by

way of a pipeline, manholes and chambers or other means along, within, over or under the

servitude area;

d) Any officer, servant or contractor of the City, with the necessary vehicles and machinery, shall at all

times have access to the said servitude area as may be necessary for the purpose of inspecting,

maintaining, repairing, replacing and upgrading the service/s installed thereon;

e) The City may erect, with the consent of the successful tenderer, which consent will not be

unreasonably withheld, such gates in the fence of the property adjoining the servitude area or in the

servitude area to gain access to or exit from the property or servicude area;

f) The City may remove any trees, bush, grass or structures within the servitude area or cut or trim

any tree in order to carry out any work the City intends to perform within the servitude area;

g) The City shall pay compensation for all damages caused to the Property or to the personal property

of the owner by the City’s employees, agents and contractors acting within the scope of their

authority in the exercise of the rights granted, provided that no compensation is payable for natural

bush;

h) The owner and future owners of the industrial park shall not building or permanent, fixed,

immovable structure shall be erected or installed by the owner or at the instance of the owner

within, above or below the surface of the ground within the servitude area without the consent of the

City, which consent will not be unreasonably withheld;

i) The owner and future owners of the industrial park shall not plant any trees, plants or shrubs which,

when mature, will have a root depth greater than 500 mm from ground level in the servitude area;

j) The owner and future owners of the industrial park shall not excavate, drill, plough deeper than 500

mm below ground level or place any material which may in the opinion of the City endanger the

safety, condition and integrity of any pipeline, manhole, chamber or other service within the

servitude area;

k) The owner and future owners of the industrial park shall not construct any roads or hard surfacing

(e.g. gravel, paving, concrete or tar) over or within the servitude area without prior approval of the

City; and

l) This servitude shall be binding on the successors in title of the parties.

4.10 Title Conditions

The following conditions will be included in the title deed:

a) The site will be used for the development of an industrial park;

b) The rezoning of the site from industrial to any other use will not be supported;

c) All successors in title will be subject to the development conditions contained in this tender

document;

d) Construction must start within 2 years from the date of transfer of the Property to the successful

tenderer;

e) The proposed development must be managed by an Industrial Owners Association;

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f) For landuses falling outside the primary uses in terms of the General Industry Subzones as defined

in the City of Cape Town Zoning Scheme Regulations the consent of Property Management

Department must first be obtained before any statutory landuse application can be submitted to the

local municipality;

g) The servitude area will be retained by the City as public open space; and

h) Any officer, servant or contractor of the City, with the necessary vehicles and machinery, shall at all

times have access to the said servitude area as may be necessary for the purpose of inspecting,

maintaining, repairing, replacing and upgrading the service/s installed thereon.

4.11 Specification Conditions

After the award of the properties, the successful Tenderer will be required to sign an Agreement of Sale within 21 days of being requested to do so by the City, which may include inter alia the abovementioned conditions as well as additional property specific conditions as determined by the Director: Property Management.

TENDER NO: 219P/2018/19


5. CONDITIONS OF TENDER

ALL TENDER CONDITIONS MUST BE STRICTLY ADHERED TO, FAILING WHICH THIS TENDER SUBMISSION WILL BE DECLARED NON-RESPONSIVE

5.1 No tender will be considered unless the tender offer is submitted on the CCT Tender Document.

5.2 Any portion of the Tender Document which is not completed will be interpreted as “not applicable” unless that portion is compulsory (a required document). Failure to complete any compulsory portion of the tender document may result in the tender being declared non-responsive.

5.3 Tenders must be properly received and deposited in the designated tender box (as detailed on the front page of this tender document) on or before the closing date and before the closing time, in the relevant tender box at the Tender Submission Office situated on the 2nd floor, Concourse Level, Civic Centre, 12 Hertzog Boulevard, Cape Town. If the tender submission is too large to fit in the allocated box, please enquire at the public counter for assistance.

5.4 The CCT reserves the right to accept:

5.4.1 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 CCT shall not accept or incur any liability to a tenderer for such cancellation and rejection, but will give written reasons for such action upon receipt of a written request to do so;

5.4.2 accept a tender offer which does not in the CCT’s opinion materially and/or substantially deviate

from the terms, conditions and specifications of the tender document;

5.4.3 accept the whole tender or part of a tender or any item or part of any item, or to accept more than one tender (in the event of a number of items being offered), and the CCT is not obliged to accept the lowest or any tender;

5.4.4 nominate an alternative bidder; and

5.4.5 accept non-compliance with mandatory procedures or conditions, but only if such non-

compliance is not material.

5.5 The CCT shall not consider tenders that are received after the closing date and time for such a tender (late tenders).

5.6 The CCT will not be held responsible for any expenses incurred by tenderers in preparing and submitting tenders.

5.7 The CCT may, after the closing date, request additional information or clarification from tenderer, in writing on any matter affecting the evaluation of the tender offer or that could give rise to ambiguity in a contract arising from the tender offer.

5.8 A tenderer may request information, after the closing date, in accordance with the Promotion of Administrative Justice Act, Act 3 of 2000, and the Promotion of Access to Information Act, Act 2 of 2000.

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5.9 A tenderer may request in writing, after the closing date, that the tender offer be withdrawn. Such withdrawal will be permitted or refused at the sole discretion of the CCT after consideration of the reasons for the withdrawal, which shall be fully set out by the tenderer in such written request for withdrawal.

5.10 Should the tender offer be withdrawn in contravention of 5.9 above, the tenderer agrees that:

5.10.1 it shall be liable to the CCT for any additional expense incurred or losses suffered by the CCT in having either to accept another tender or, if new tenders have to be invited, the additional expenses incurred or losses suffered by the invitation of new tenders and the subsequent acceptance of any other tender; and

5.10.2 the CCT shall also have the right to recover such additional expenses or losses by set-off against monies which may be due or become due to the tenderer under this or any other tender or contract or against any guarantee or deposit that may have been furnished by the tenderer or on its behalf for the due fulfilment of this or any other tender or contract. Pending the ascertainment of the amount of such additional expenses or losses, the CCT shall be entitled to retain such monies, guarantee or deposit as security for any such expenses or loss.

5.11 The tenderer agrees that this tender and its acceptance shall be subject to the terms and conditions contained in the CCT’s Supply Chain Management Policy (‘SCM Policy’) and Combating of Abuse of the Supply Chain Management System Policy (‘Abuse Policy’).

5.12 Notwithstanding any requests for confirmation of receipt of notices issued to the tenderers, the tenderer shall be deemed to have received such notice if the CCT can show proof of transmission thereof via electronic mail, facsimile or registered post.

5.13 The City of Cape Town’s representative for the purpose of this tender shall be:

Mr T Madikane Telephone: 021 400 3251

E-mail: [email protected]

5.14 Resolutions and Power of Attorney

5.14.1 A tender submitted:

a) by a registered company may not be considered unless accompanied by a resolution by the

Directors of the company authorising the tender to be made and the signatory to sign the tender on the company’s behalf (Schedule 1 to be completed);

b) by a registered close corporation may not be considered unless accompanied by written authority from all the members of the close corporation authorising the tender to be made and the signatory to sign the tender on the close corporation’s behalf (Schedule 1 to be completed); and

c) by a partnership / joint venture/consortium may not be considered unless accompanied by written authority from all the partners authorising the tender to be made and the signatory to sign the tender on the partnership/joint venture/consortium’s behalf (Schedule 2 to be completed).

5.15 Joint Ventures/Consortiums

5.15.1 In the case of joint ventures/consortiums, a copy of the joint venture agreement must be submitted with the Tender document detailing the percentage of the contract value managed or executed or contributed by the partners.

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5.16 Validity Period

5.16.1 A tender submitted shall remain valid, irrevocable and open for acceptance by CCT for 180 (one hundred and eighty) days;

5.16.2 A tender submitted shall further be deemed to remain valid after the expiry of the above mentioned 180 day period, until formal acceptance by CCT, unless the CCT is notified in writing by the tenderer of anything to the contrary (including any further conditions the tenderer may introduce); and

5.16.3 Any further conditions that the tenderer may introduce will be considered at the sole discretion of the CCT.

5.17 City of Cape Town Vendor Database

5.17.1 For the purchase of immovable property in terms of this tender, it is NOT compulsory for a tenderer to be registered on the CCT’s Vendor Database. However, a tenderer who is already registered on the CCT’s Vendor Database and has already lodged a valid Tax Clearance Certificate with the Supplier Management Office, need not attach an original Tax Clearance Certificate to this tender submission (attach only a copy). The Supplier Management Unit is located within the Tender Distribution Office, 2nd Floor, (Concourse Level), Civic Centre, 12 Hertzog Boulevard, Cape Town (Tel 021 400 9242/3/4/and 021 400 9250).

5.18 Tax clearance/Public Benefit Organisation (PBO) Certificate

5.18.1 The CCT may not award any contract to a person whose tax matters have not been declared by the South African Revenue Service (SARS) to be in order;

5.18.2 Tenderers are therefore required to obtain a valid Tax Clearance/Public Benefit Organisation (PBO) Certificate from the local SARS office where such tenderer is registered for Income Tax purposes;

5.18.3 Tenderers must, within 7 days of being requested to do so submit an original and valid Tax Clearance/Public Benefit Organisation (PBO) Certificate from SARS certifying that the taxes of the tenderer are in order;

5.18.4 It is the responsibility of the successful tenderer to submit an updated original Tax Clearance Certificate to the Supplier Management Unit located within the Tender Distribution Office, 2nd Floor, (Concourse Level), Civic Centre, 12 Hertzog Boulevard, Cape Town should any current certificate expire during the tender validity period. Failure to do so may lead to the suspension of transactions with the tenderer until a valid Tax Clearance/Public Benefit Organisation (PBO) Certificate is received by that office, or disqualification of the tender;

5.18.5 Each party to a Joint Venture/Consortium/Partnership must comply with all of the above; and

5.18.6 It is very important that the full, correct name of the tenderer is shown on each Tax Clearance/Public Benefit Organisation (PBO) Certificate.

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5.19 Acknowledgement and Disclosure

5.19.1 By submitting this tender offer, the Tenderer acknowledges that:

a) The Tenderer has been given sufficient time to inspect the Property, to consider all provisions of

this agreement and get advice; b) The Tenderer has had sufficient opportunity to appoint professional persons for purposes of

inspecting the Property and assisting the Tenderer in any way the Tenderer requires in relation to the Property;

c) The Tenderer is acquainted with the nature, extent and condition of the Property; d) The Property is substantially in accordance with the specification of this tender; e) If the tender offer is successful, the Property will be accepted as is; f) The Property may have certain latent defects of which the Seller (CCT) is unaware both at the

date of advertising and the date of conclusion of the lease. The Lessor cannot be held liable for any such defects which appear after conclusion of the lease;

g) The Tenderer has read these conditions, confirms the facts, nature and effect thereof and understands how they apply to the Tenderer and agrees that the Tenderer has had sufficient opportunity to consider the application of these conditions and their consequences and by submitting the tender offer the Tenderer agrees to accept and be bound by these conditions;

h) The Property, including all buildings and other improvements thereon, if any, is leased in accordance with the Seller’s title deeds and the diagram or general plan framed or to be framed in respect thereof;

i) The Seller renounces all claims to any excess in the extent of the Property and will not be answerable for any deficiency in the extent of the Property, and no warranty is given in respect of boundaries; and

j) The Seller shall not be responsible for indicating existing boundaries and beacons.

5.20 Transaction Values exceeding R10 million

5.20.1 If the value of the transaction is expected to exceed R10 million (VAT included), a tenderer shall submit the following information (complete Schedule 3):

a) if a tenderer is required by law to prepare annual financial statements for auditing, their audited

annual financial statements: i. for the past three years; or ii. since their establishment if establish during the past three years.

b) a certificate signed by the tenderer certifying that the tenderer has no undisputed commitments for municipal services towards a municipality or other service provider in respect of which payment is overdue for more than 30 days; and

c) particulars of any contracts awarded to the tenderer by an organ of state during the past five years, including particulars of any material non-compliance or dispute concerning the execution of such contract.

5.21 Independent Bid Determination

5.21.1 Tenderers must complete, sign and submit, together with their tender or upon being requested to do so in writing, a certificate of independent bid determination (Schedule 9 hereto) failing which the tender offer may be declared non-responsive; and

5.21.2 Tenders may also be declared non-responsive if it is determined on reasonable grounds or evidence that the tenders are submitted by tenderers:

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a) who (notwithstanding having submitted duly completed certificates of independent tender determination) are nevertheless deemed to have knowledge of the contents of any other tenderer’s offer and/or has submitted a certificate which is not true and correct in every respect;

b) in a horizontal relationship which has the effect of substantially preventing or lessening competition in a market, subject to the exceptions as set out in section 4(1)(a) of the Competitions Act, 89 of 1998;

c) who are presumed to be firms engaged in a restrictive horizontal practice as contemplated in section 4(1)(b) read with section 2 of the Competitions Act, 89 of 1998; and

d) in a vertical relationship which has the effect of substantially preventing or lessening competition in a market, subject to the exceptions as set out in section 5(1) of the Competitions Act, 89 of 1998.

5.22 Inducements, rewards, gifts and other abuses of the Supply Chain Management System

5.22.1 No person who is a provider or prospective provider of goods or services, or a recipient or prospective recipient of goods / property disposed or to be disposed of by the CCT, may directly or indirectly:

a) through a representative or intermediary promise, offer or grant:

i. any inducement or reward to the City for or in connection with the award of a contract; or

ii. any reward, gift, favour or hospitality to any official or any other role player involved in the implementation of the supply chain management policy.

5.22.2 Influence or interfere with the work of any City Officials involved in the tender process in order to inter alia:

a) influence the process and/or outcome of a bid; b) incite breach of confidentiality and/or the offering of bribes; c) cause over or under invoicing; d) influence the choice of procurement method or technical standards; and e) influence any City Official in any way which may secure an unfair advantage during or at any

stage of the procurement process.

5.22.3 Abuse of the Supply Chain Management System is not permitted and may result in the tender being rejected, cancellation of the contract, “blacklisting” and/or any such remedies as determined by the CCT’s SCM Policy and the CCT’s Abuse Policy.

5.23 Declarations, authorisation and attachments to this tender submission

5.23.1 Tenderers are required to complete all statutory declarations and authorisations in the schedules attached hereto, failing which the tender may be declared non-responsive in terms of Section 6 (Evaluation Criteria);

5.23.2 The onus is on each tenderer to ensure that the tender submission information and attachments required by the tender specification and evaluation details are attached to the back of this tender submission, including the following as are appropriate to the type of tendering entity:

a) original and currently valid Tax Clearance Certificate showing the correct name of the Tenderer

(a certificate of each partner, in the case of a partnership, joint venture or consortium); or in the case of a Non-Profit Organisation an original notification from the SA Revenue Service (SARS) to confirm that the Tenderer is approved by SARS as a Public Benefit Organisation (PBO);

b) if the Tenderer is a company or close corporation, a complete copy of the latest Registration Certificate issued by CIPC (the Companies and Intellectual Property Commission) showing the

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same name of the Tenderer as recorded in this tender offer (a certificate of each partner, in the case of a partnership, joint venture or consortium). In addition, a copy of the identity document first page showing the full name and identity number of each CC member or managing shareholder (person who owns shares in the company and is actively involved in the management of the company or business, and exercises control over the company);

c) if the Tenderer is an individual or sole trader, a copy of the latest identity document first page showing the full name and identity number (in the case of a partnership, joint venture or consortium, a copy of each member/partner’s identity document);

d) if the Tenderer is a consortium, joint venture or partnership, a copy of the joint venture agreement or deed of partnership (formal partnership agreement);

e) if the Tenderer is a social or religious organisation, a brief background document showing the structure, with names and contact details of the local persons in charge of the organisation;

f) if the Tenderer is a Non-Profit Organisation (NPO), a complete copy of the latest Registration Certificate issued by the relevant registration authority showing the same name of the Tenderer as recorded in this tender offer (or the certificate of each partner, in the case of a partnership/joint venture);

g) if the Tenderer is a Non-Profit Organisation, also a copy of the organisation's Founding Document (i.e. a constitution or a deed of trust or memorandum and articles of association) or Memorandum of Incorporation (MOI);

h) if the Tenderer is a Non-Profit Organisation, also a copy of each Office-Bearer’s identity document; and

i) if the Tenderer is a Non-Profit Organisation, a complete copy of the latest narrative report (Non-Profit Organisation Annual Report) of its activities in the format prescribed by the Department of Social Development in terms of the Non-profit Organisations Act, 1997 (Act 71 of 1997).

5.24 Awards to tenderers who are not the highest ranked

The tenderer that scores the highest number of adjudication points must be recommended for acceptance unless objective criteria justify the acceptance of another tender in addition to those specific goals contemplated in section 2 of the PPPFA. Such objective criteria include whether the recommended tenderer:

5.24.1 has not demonstrated that it has the necessary resources and skills required to fulfil its obligations in terms of the bid document;

5.24.2 poses any material risk to the City; and

5.24.3 is a supplier to whom notice has been served regarding abuse of the supply chain management system.

5.25 Broad-based Black Economic Empowerment Status Level Documentation

5.25.1 In order to qualify for preference points, it is the responsibility of the tenderer to submit documentary proof, either as certificates, sworn affidavits or any other requirement prescribed in terms of the B-BBEE Act, of its B-BBEE status level of contribution in accordance with the applicable Codes of good practise as issued by the Department of Trade and Industry, to the CCT at the Supplier Management Unit located within the Supplier Management / Registration Office, 2nd Floor (Concourse Level), Civic Centre, 12 Hertzog Boulevard, Cape Town (Tel 021 400 9242/3/4/5) or included with the tender submission.

5.25.2 Consortiums/Joint Ventures will qualify for preference points, provided that the entity submits the relevant certificate/scorecard in accordance with the applicable codes of good practise. Note that, in the case of unincorporated entities, a verified consolidated B-BBEE scorecard must be submitted in the form of a certificate with the tender.

5.25.3 Suppliers are further referred to the content of the Preference Schedule for the full terms and conditions applicable to the awarding of preference points;

http://www.dsd.gov.za/npo/index.php?option=com_docman&task=doc_download&gid=48&Itemid=39

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5.25.4 The applicable code for this tender is the Amended Codes of Good Practice (Property Sector); and

5.25.5 The tenderer shall indicate in Section 4 of the Preference Schedule the Level of Contribution in respect of the enterprise status or structure of the tendering entity (the supplier).

5.26 Objections, complaints, queries and disputes/ Appeals in terms of Section 62 of the Systems Act/ Access to court

5.26.1 Disputes, objections, complaints and queries

In terms of Regulations 49 and 50 of the Local Government: Municipal Finance Management Act, 56 of 2003 Municipal Supply Chain Management Regulations (Board Notice 868 of 2005):

a) Persons aggrieved by decisions or actions taken by the City of Cape Town in the

implementation of its supply chain management system, may lodge within 14 days of the decision or action, a written objection or complaint or query or dispute against the decision or action.

5.26.2 Appeals

a) In terms of Section 62 of the Local Government: Municipal Systems Act, 32 of 2000 a person

whose rights are affected by a decision taken by the City, may appeal against that decision by giving written notice of the appeal and reasons to the City Manager within 21 days of the date of the notification of the decision; and

b) An appeal must contain the following: i. Must be in writing; ii. It must set out the reasons for the appeal; iii. It must state in which way the Appellant’s rights were affected by the decision; iv. It must state the remedy sought; and v. It must be accompanied with a copy of the notification advising the person of the

decision.

5.26.3 Right to approach the courts and rights in terms of Promotion of Administrative Justice Act, 3 of 2000 and Promotion of Access to Information Act, 2 of 2000 The sub- clauses above do not influence any affected person’s rights to approach the High Court at any time or its rights in terms of the Promotion of Administrative Justice Act (PAJA) and Promotion of Access to Information Act (PAIA).

5.26.4 All requests referring to sub clauses 5.26.1 and 5.26.2 must be submitted in writing to:

The City Manager - C/o the Manager: Statutory Compliance Unit, Legal Services Department, Corporate Services and Compliance Directorate Via hand delivery at : 20th Floor, Tower Block, 12 Hertzog Boulevard, Cape Town 8001 Via post at : Private Bag X918, Cape Town, 8000 Via fax at : 021 400 5963 or 021 400 5830 Via email at : [email protected]

5.26.5 All requests referring to clause 5.26.3 regarding access to information or reasons must be submitted in writing to: The City Manager - C/o the Manager: Statutory Compliance Unit, Legal Services Department, Corporate Services and Compliance Directorate Via hand delivery at : 20th Floor, Tower Block, 12 Hertzog Boulevard, Cape Town 8001 Via post at : Private Bag X918, Cape Town, 8000 Via fax at : 086 202 9982 or 021 400 5830 Via email at : [email protected]


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6. EVALUATION CRITERIA

6.1 Invalid Tenders

6.1.1 The Bid Evaluation Committee shall consider the bids received and shall note for inclusion in the evaluation report a tenderer whose tender is considered by the Bid Evaluation Committee to be invalid and eliminated from further evaluation for any of the following reasons:

a) the tender, including the tender amount, where applicable, is not submitted on the official Form

of Offer (Section 2 and 3); b) the tender document is not completed in non-erasable handwritten, or printed, ink or toner; c) the Form of Offer has not been signed with an original signature (unless an e-Procurement

system issued); d) the Form of Offer (Section 2) is signed, but the name of the tenderer is not stated, or is

indecipherable; and e) if, in a two envelope system, the tenderer fails to submit a separately sealed financial offer /

tender - (NOT APPLICABLE).

6.2 Non-Responsive Tenders

6.2.1 Valid tenders will be declared non-responsive and eliminated from further evaluation if:

6.2.1.1 the bid is automatically rejected, notwithstanding anything contained in the clause the City shall declare the bid of a person non-responsive who:

a) has been convicted of fraud or corruption during the past 5 (five) year period immediately preceding the invitation of the bid in question;

b) is listed on the Register for Tender Defaulters in terms of section 29 of the Prevention and Combating of Corrupt Activities Act, 12 of 2004;

c) is listed on the Database for Restricted Suppliers as a person prohibited from doing business with the public sector; and / or

d) is restricted in terms of the Supply Chain Management Policy. 6.2.1.2 the tender does not comply with the Specification(s); 6.2.1.3 the tenderer has not adhered to the instructions as per the Price Schedule (Part 4); 6.2.1.4 the tenderer has not achieved the minimum functionality scoring/points as set out in the

tender document (if applicable); 6.2.1.5 the tenderer is a person, advisor, member or director or corporate entity involved with the

Bid Specification Committee; and 6.2.1.6 the tenderer is not a registered non-profit organisation.

6.2.2 Tenders will be declared non-responsive if the tenderer fails to adhere to a written request (within the specified period set out in such request) to:

6.2.2.1 comply with one or more of the provisions contained in the Instructions and Conditions of

Tender (Part 5); 6.2.2.2 comply with any other terms and conditions of the tender documentation after being called

upon to do so; 6.2.2.3 submit an original and valid Tax Clearance/Public Benefit Organisation (PBO) certificate

from the South African Revenue Service (SARS) certifying that the taxes of the tenderer are in order;

6.2.2.4 if applicable, submit the information as required in respect of transaction value exceeding R10 million (see Conditions of Tender);

6.2.2.5 the tenderer has failed to complete and/or sign the required declarations and/or authorisations; and

6.2.2.6 provide proof of his/her Identification document or their registration certificate issued by relevant authority; and

6.2.2.7 submit proof of the tenderer’s financial capability to purchase the properties. This proof must be in the form of a bank guarantee (valid for a minimum of three months) for a

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minimum of 5% of the purchase price or a pre-bond in principle approval for the full purchase price or a letter of undertaking from a recognised financial institution indicating access to finance which will enable the tenderer to purchase the property. Should the required pre-bond in principle approval or letter of undertaking indicate funding of less than the full purchase price tenderers must submit written proof of how the balance of the purchase price is to be funded.

The above is not a closed list and requests can include but are not limited to the requirements set out in 6.2.2.1 to 6.2.2.7 above. The written request may be sent to the tenderer by fax or by email.

6.3 Evaluation of Tenders

6.3.1 All tenders received shall be evaluated in accordance with the provisions of the City of Cape Town Supply Chain Management Policy, the Abuse Policy (Combating Abuse of Supply Chain Management System Policy), and the provisions of the Policy on the Management of Certain of the City of Cape Town’s Immovable Property, amended from time to time;

6.3.2 The City’s policies may be viewed on its website at http://www.capetown.gov.za ;

6.3.3 Tenderers are also referred to the provisions in the Supply Chain Management Policy relating to the Disposal Management System and the Asset Transfer Regulations, 2008;

6.3.4 Tenders received will be further evaluated in terms of Section 14 (2) of the Municipal Finance Management Act of 2003 related to the fair market value being received in exchange for the property;

6.3.5 The preference point systems prescribed in the Preferential Procurement Policy Framework Act and the Preferential Procurement Regulations, 2017 are applicable to this tender;

6.3.6 Tenders received will be evaluated on compliance with the conditions of tender and specification including responsiveness criteria;

6.3.7 The remaining tenders (which have not been declared non-responsive in terms of clause 6.2 above) will be evaluated according to the Price (maximum 80 points) and BBBEE (maximum 20 points) points criteria; and

6.3.8 The award will be made to the tenderer who has the highest number of adjudication points, subject to the City’s right not to accept any offer.

6.4 Evaluation of Preference Points

6.4.1 Applicable Formula

The 80/20 price/preference points system will be applied to the evaluation of responsive tenders,

whereby the tenders will be awarded to the tenderer(s) scoring the highest total number of

adjudication points.

Price shall be scored as follows:

Ps = 80 x (1 – (Pt – Pmin))

Pmin

Where: Ps is the number of points scored for price;

Pt is the comparative price of the quotation under consideration; and

Pmin is the comparative price of the lowest responsive quotation.

Preference points shall be scored as follows:

Points will be awarded to tenderers who are eligible for preferences in respect of the B-BBEE level

of contributor attained in terms of Preference Schedule.

http://www.capetown.gov.za/

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A maximum of 20 tender adjudication points will be awarded for preference to tenderers with

responsive tenders who are eligible for such preference, in accordance with the criteria listed

below.

Up to 20 adjudication points (NP) will be awarded for the level of B-BBEE contribution, in

accordance with the tables below:

B-BBEE Status Level of Contributor Number of Points for Preference

1 20

2 18

3 16

4 12

5 8

6 6

7 4

8 2

Non-compliant contributor* 0

*A non-compliant contributor is one who does not meet the minimum score for a level 8

contributor.

or, in respect of Exempted Micro Enterprises (EMEs):

Black Ownership of EME Deemed B-BBEE

Status Level of

Contributor

Number of Points for

Preference

less than 51% 4 12

at least 51% but less than 100% 2 18

100% 1 20

or, in respect of Qualifying Small Enterprises (QSEs):

Black Ownership of QSE Deemed B-BBEE

Status Level of

Contributor

Number of Points for

Preference

at least 51% but less than 100% 2 18

100% 1 20

The total number of adjudication points (NT) shall be calculated as follows:

NT = Ps + NP

Where: Ps is the number of points scored for price; and

Np is the number of points scored for preference.

The terms and conditions of the preference schedule shall apply in all respects to the tender

evaluation process and any subsequent contract.

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6.5 Evaluation Of Functionality

It is the City’s opinion that the current urban design vision responds to the sensitivity of the site in terms

of its cultural, historical and environmental potential and this urban design vision must be used as the

basis for the legislated statutory approvals process required to be followed by the successful tenderer in

order to acquire development rights.

Submissions will be evaluated on the following functionality criteria on a maximum one hundred (100)

points system as set out below:

6.5.1 The functionality (technical and financial ability) of the tenderers and their proposals/offers/bids will be

evaluated taking into account the following areas for consideration:

(i) Tenderer Company Profile;

(ii) Tenderer Management Plan for the proposed industrial park;

(iii) Tenderer Conceptual Design for the proposed industrial park; and

(iv) Financial ability to successfully implement the development based on the City’s urban design

vision.

Submissions will be evaluated based on the information provided by tenderers that address the factors

listed under the "Evaluation Criteria and Points" column of Table 1 (below).

Table 1

Evaluation Area Evaluation Criteria Maximum

Points

achievable

Tenderer expertise and experience

Experience of key personnel.

Less than 5 years = 0

From 5 to 10 years = 20

More than 10 years = 30

30

Tenderer Management Plan for the

Proposed Industrial Park

Inclusiveness of the management plan the important

aspects for the proposed Khayelitsha Industrial Park.

Less-inclusive = 0

Moderate = 10

Comprehensive / all-inclusive = 20

20

Tenderer Conceptual Design for the

Proposed Industrial Park

The conceptual design being consistent with the City

of Cape Town’s vision for the intended industrial

park.

Not consistent = 0

Partially consistent = 10

Fully consistent = 20

20

Financial ability to successfully

implement the development

Letter of intent from a credible financial institution

commiting to finance the purchase price and/or

capital investment .

Partial funding up to 80% = 20

Adequate proof of funding in terms of the offer = 30

30

TOTAL EVALUATION POINTS 100

NB: No tender will be regarded as an acceptable/responsive tender if it fails to achieve the minimum total qualifying score of 60 out of the Total Evaluation Points of 100.

6.5.2 Evaluation of Tenderer profile, experience and expertise of key personnel

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Scoring will be determined on the basis of demonstrable and proven knowledge, experience and expertise of the tendering entity and key personnel in successfully developing, operating and managing similar developments. The tenderer is required to outline this section under the following preferred headings and attach the relevant documented proof:

(a) Composition of the tendering entity. (b) Portfolio of tendering entity’s previous and current comparable developments. (c) Roles and responsibilities of individual members and key personnel to be actively involved in

the project. (d) Expertise and experience of individual members and key personnel. (e) Qualifications of individual members and key personnel.

6.5.3 Management Plan

Tenderers must provide a management plan explaining in detail how the proposed industrial park will be managed. Scoring will thus also be determined on the basis of comprehensiveness of the plan in addressing the following, but not limited to: (a) Proposed phasing of the development of the industrial park. (b) A plan to ensure sustainability in terms of management and maintainance. (c) Companies earmarked to do business on site. The tenderers must therefore provide a tenant

and/or traders list.

6.5.4 Conceptual Design

Tenderers are required to submit an A3 size conceptual design for the proposed industrial park indicating the follows, but not limited to: (a) Security detail (b) Proposed industrial park units (c) Proposed land uses (d) Entrance/egress. (e) Infrustructure upgrades, if required.

6.5.5 Evaluation of Financial ability

The tenderers must provide evidence of its ability to finance the proposed development for which the following documents must be attached as evidence:

(a) A financial plan detailing capital investment requirements and resources; (b) A letter(s) from recognised financial institutions/investors indicating access to finance

which will enable the tendering entity to develop the Property as per the financial plan; (c) Financial statements for the last 3 (three) financial years of the tendering entity (of

each member in case of a consortium), if applicable 6.6 Evaluation of functionality scores

6.6.1 No tender will be regarded as an acceptable/responsive tender if it fails to achieve the minimum total qualifying score of 60 out of the Total Evaluation Points of 100.

6.6.2 Tenderers shall ensure that all relevant supporting information has been submitted with their tender submissions to ensure optimal scoring of functionality points.

6.6.3 Tenders that have achieved the minimum qualifying score for functionality shall be evaluated further in terms of competitive and market-related financial offer.

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7. SPECIAL CONDITIONS OF CONTRACT FOR THE SALE OF CITY-OWNED IMMOVABLE PROPERTY

THESE SPECIAL CONDITIONS OF CONTRACT (SCC) SUPPLEMENT AND MUST BE READ WITH THE GENERAL CONDITIONS OF CONTRACT (GCC, SECTION 9). WHENEVER THERE IS ANY CONFLICT

BETWEEN THE SCC AND THE GCC, THE PROVISIONS OF THE SCC SHALL PREVAIL. The sale of each City-owned fixed property by formal tender shall be subject to special conditions, including but not restricted to the following SCC clauses. The Director: Property Management of the CCT may vary the conditions of contract and add supplementary special clauses in the Agreement of Sale as well as by particular written instructions as deemed necessary by the CCT, based on the specific circumstances and requirements of individual sites.

7.1 Key Conditions (applicable to each property)

7.1.1 Only the tendering entity/person whose details appear on the Form of Offer and on the Tax Clearance Certificate (or in the case of a Non-Profit Organisation the original notification from the SA Revenue Service to confirm that the Tenderer is approved by SARS as a Public Benefit Organisation certificate) will be able to take transfer. No other entity/person may be nominated by the Tenderer to take transfer without written permission from the Director: Property Management of the CCT;

7.1.2 The Property is subject to availability;

7.1.3 The Property is available for inspection by prospective tenderers and the CCT shall not be liable for any latent or patent defects in the Property which were not discovered by the Tenderer at the time of inspection of the property prior to submitting an offer; and

7.1.4 After the award of the contract the successful Tenderer will be required to sign an Agreement of Sale which may include inter alia the Conditions of Sale provided in the Specifications (part 4 of this tender document).

7.2 Value-Added Tax (VAT)

7.2.1 The sale of property by the CCT will be subject to VAT.

7.3 Prices

7.3.1 The Contract Price shall not be subject to reduction.

7.4 Risk and Insurance

7.4.1 Risk in the subject property under the contract shall pass to the Purchaser at occupation date or transfer date, whichever occurs first, from which time the Purchaser shall be fully responsible for the maintenance and insurance of the property.

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7.5 Plans for the development of the site

7.5.1 The awarding of the contract by the City does not imply that the City has approved any proposed development plan(s). The successful tender must follow the compulsory formal procedures in fulfilling all statutory requirements as applicable before any development of the property can be undertaken.

7.6 Settlement of disputes

7.6.1 Should the parties fail to resolve any dispute by way of mutual consultation, either party shall be entitled to refer the matter for mediation before an independent and impartial person appointed by the City Manager in accordance with regulation 50(1) of the Local Government: Municipal Finance Management Act, Act 56 of 2003 – Municipal Supply Chain Management Regulations (Notice 868 of 2005). Such referral shall be done by way of notice to the other party. The mediator’s ruling shall become final and binding on the parties only to the extent that it is correctly recorded as being agreed by the parties in writing. Save for reference to any portion of any settlement or decision which has been agreed to be final and binding on the parties, no reference shall be made by or on behalf of either party, in any subsequent court proceedings, to any outcome of an amicable settlement by mutual consultation, or to the fact that any particular evidence was given, or to any submission, statement or admission made in the course of amicable settlement by mutual consultation or mediation;

7.6.2 Persons aggrieved by decisions or actions taken by the City of Cape Town in the implementation of its supply chain management system, may lodge within 14 days of the decision or action, a written objection or complaint or query or dispute against the decision or action; and

7.6.3 Objections, complaints, queries and disputes must be submitted in writing to the Manager Statutory Compliance, Office of the City Manager, 20th Floor, Tower Block, Civic Centre, 12 Hertzog Boulevard, Cape Town, or posted to Private Bag X9181, Cape Town, 8000, or faxed to 021 418 5830 or fax 021 400 5963. The contact telephone numbers there are 021 400 2503 or 021 400 3788.

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8. GENERAL CONDITIONS OF CONTRACT FOR THE SALE OF CITY-OWNED IMMOVABLE PROPERTY

8.1 Definitions

The following terms shall be interpreted in the context of this tender as indicated:

“Closing time” means the date and hour specified in the tender documents for the receipt of tenders;

“Contract” means the written agreement entered into between the CCT and the tenderer, as recorded in the Agreement of Sale signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein;

“Contractor” or “Purchaser” means the successful tenderer (the entity to whom the contract has been awarded) in terms of a tender invited by the CCT for the sale by the CCT of any immovable property or other asset;

“Contract price” means the price payable by the Contractor;

“Corrupt practice” means the offering, giving, receiving, or soliciting of anything of value to influence the action of a public official in the procurement process or in contract execution;

“Day” means calendar day;

“Force majeure” means an event beyond the control of the tenderer and not involving the tenderer’s fault or negligence and not foreseeable. Such events may include, but is not restricted to, acts of the CCT in its sovereign capacity, wars or revolutions, fires, floods, epidemics, and quarantine restrictions;

“Fraudulent practice” means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of any tenderer, and includes collusive practice among tenderers (prior to or after tender submission) designed to establish tender prices at artificial non-competitive levels and to deprive any tenderer of the benefits of free and open competition;

“GCC” in this context means these General Conditions of Contract;

“Republic” means the Republic of South Africa;

“Seller” means the Council of the City of Cape Town (also referred to in this document as the City or CCT);

“SCC” means the Special Conditions of Contract applicable to this tender; and

“Written” or “in writing” means handwritten in ink or any form of electronic or mechanical writing.

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8.2 Application

8.2.1 These general conditions are applicable to tenders for the sale of assets by the CCT, unless otherwise indicated in the tender document;

8.2.2 Where applicable, special conditions of contract are also laid down to cover specific requirements; and

8.2.3 Where such special conditions of contract are in conflict with these general conditions, the special conditions shall apply.

8.3 General

8.3.1 The CCT shall not be liable for any expense incurred in the preparation and submission of a tender. Where applicable the CCT may charge a non-refundable fee for documents.

8.4 Use of documents

8.4.1 Any document submitted as part of this tender shall remain the property of the CCT; and

8.4.2 The tenderer shall permit the CCT to inspect the tenderer’s records relating to the performance of the tenderer and to have them audited by auditors appointed by the CCT, if so required by the CCT.

8.5 Risk and Insurance

8.5.1 Risk in the subject property under the contract shall pass to the purchaser at occupation date or transfer date, whichever occurs first, from which time the purchaser shall be fully responsible for the maintenance and insurance of the property.

8.6 Payment

8.6.1 The method and conditions of payment to be made under this contract shall be specified by the CCT;

8.6.2 Payments shall be made promptly by the purchaser to the CCT, but in no case later than thirty (30) days after submission of a claim by the CCT; and

8.6.3 Payment shall be made in South African currency (Rand).

8.7 Contract Amendments

8.7.1 No variation in or modification of the terms of the contract shall be made except by written amendment signed by the parties concerned (the Purchaser and the Seller under this contract).

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8.8 Assignment

8.8.1 The tenderer shall not assign, in whole or in part, its obligations to perform under the contract, except with the CCT’s prior written consent.

8.9 Delays in the tenderer’s performance

8.9.1 Performance in terms of the contract shall be made by the tenderer in accordance with the time schedule prescribed by the CCT;

8.9.2 If at any time during performance in terms of the contract, the tenderer should encounter conditions impeding timely performance of the tenderer’s obligations, the tenderer shall promptly notify the CCT in writing of the fact of the delay, its likely duration and its cause(s). As soon as practicable after receipt of the tenderer’s notice, the CCT shall evaluate the situation and may at its sole discretion extend the tenderer’s time for performance, with or without the imposition of penalties; and

8.9.3 Except as provided under GCC Clause 12, a delay by the tenderer in the performance of its obligations may render the tenderer liable to the imposition of penalties, unless an extension of time is agreed upon pursuant to GCC Clause 8.2 without the application of penalties.

8.10 Penalties

8.10.1 Subject to GCC Clause 12, if the tenderer fails to perform its obligations in terms of the contract within the period(s) specified by the CCT, the CCT may, without prejudice to its other remedies in law, also consider termination of the contract pursuant to GCC Clause 11; and

8.10.2 Potential penalties include the non-consideration of future tender submissions and other restrictions indicated under GCC Clause 11.

8.11 Termination for default

8.11.1 The CCT, without prejudice to any other remedy for breach of contract, by written notice of default sent to the tenderer, may terminate this contract in whole or in part:

a) if the tenderer fails to perform its obligations within the period(s) specified in the contract, or

within any extension thereof granted by the CCT pursuant to GCC Clause 8.2; or b) if the tenderer, in the opinion of the CCT, has engaged in corrupt or fraudulent practices in

competing for or in executing the contract;

8.11.2 Failure to comply with the standards and Specification as set out in the tender document shall constitute a material breach and the CCT reserves the right to cancel the Contract in any such event;

8.11.3 In the event the CCT terminates the contract in whole or in part, the CCT may procure, upon such terms and in such manner as it deems appropriate, an alternative contract for the sale of the property, and the tenderer shall be liable to the CCT for any excess costs incurred by the CCT be reason of such action. However, if so instructed by the CCT the tenderer shall continue performance of the contract to the extent not terminated;

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8.11.4 Where the CCT terminates the contract in whole or in part, the CCT may take such default by the tenderer into account in the consideration of future tenders, and may in addition decide to impose a restriction penalty on the tenderer by prohibiting such tenderer from doing business with the public sector for a period not exceeding 10 years;

8.11.5 If the CCT intends imposing a restriction penalty on a tenderer or any person associated with the tenderer, the tenderer will be allowed a time period of not more than fourteen (14) days to provide reasons why the envisaged restriction should not be imposed. Should the tenderer fail to respond within the stipulated fourteen (14) days the CCT may regard the intended penalty as not objected against and may impose it on the tenderer;

8.11.6 Any restriction penalty imposed on any person by the Accounting Officer of the CCT will, at the discretion of the Accounting Officer, also be applicable to any other enterprise or any partner, manager, director or other person who wholly or partly exercises or exercised or may exercise control over the enterprise of the first-mentioned person, and with which enterprise or person the first-mentioned person, is or was in the opinion of the Accounting Officer actively associated;

8.11.7 If a restriction penalty is imposed, the CCT must, within five (5) working days of such imposition, furnish the National Treasury, with the following information:

a) the name and address of the tenderer and / or person restricted by the CCT; b) the date of commencement of the restriction c) the period of restriction; and d) the reasons for the restriction.

These details will be loaded in the National Treasury’s central database of tenderers or persons prohibited from doing business with the public sector; and

8.11.8 If a court of law convicts a person of an offence as contemplated in sections 12 or 13 of the Prevention and Combating of Corrupt Activities Act, No. 12 of 2004, the court may also rule that such person’s name be endorsed on the Register for Tender Defaulters. When a person’s name has been endorsed on the Register, the person will be prohibited from doing business with the public sector for a period not less than five years and not more than ten years. The National Treasury is empowered to determine the period of restriction and each case will be dealt with on its own merits. According to section 32 of the Act the Register must be open to the public. The Register can be perused on the National Treasury website.

8.12 Force Majeure

8.12.1 Notwithstanding the provisions of GCC Clauses 10 and 11, the tenderer shall not be liable for damages for default if and to the extent that its delay in performance or other failure to perform its obligations under the contract is the result of an event of force majeure;

8.12.2 If a force majeure situation arises, the tenderer shall promptly notify the CCT in writing of such condition and the cause thereof. Unless otherwise directed by the CCT in writing, the tenderer shall continue to perform its obligations under the contract as far as is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the force majeure event; and

8.12.3 The CCT may however at its sole discretion terminate the contract by giving written notice to the tenderer in the event of a force majeure situation that prevents a tenderer from performing its

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obligations under the contract if in the view of the CCT such a situation could last for more than 30 days.

8.13 Termination for Insolvency

8.13.1 The CCT may at any time terminate the contract by giving written notice to the tenderer if the tenderer becomes bankrupt or otherwise insolvent. In this event, termination will be without compensation to the tenderer, provided that such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the CCT.

8.14 Settlement of Disputes

8.14.1 If any dispute or difference of any kind whatsoever arises between the CCT and the tenderer in connection with or arising out of the contract, the parties shall make every effort to resolve amicably such dispute or difference by mutual consultation;

8.14.2 If, after thirty (30) days, the parties have failed to resolve their dispute or difference by such mutual consultation, then either the CCT or the tenderer may give notice to the other party of his intention to commence with mediation. No mediation in respect of this matter may be commenced unless such notice is given to the other party;

8.14.3 Should it not be possible to settle a dispute by means of mediation, it may be settled in a South African court of law;

8.14.4 Mediation proceedings shall be conducted in accordance with the rules of procedure specified in the SCC; and

8.14.5 Notwithstanding any reference to mediation and/or court proceedings herein:

a) the parties shall continue to perform their respective obligations under the contract unless they

otherwise agree; and b) the CCT shall pay the tenderer any monies due the tenderer.

8.15 Limitation of Liability

8.15.1 Except in cases of criminal negligence or wilful misconduct, and in the case of infringement of patent rights:

a) the tenderer shall not be liable to the CCT, whether in contract, tort, or otherwise, for any

indirect or consequential loss or damage, loss of use, loss of production, or loss of profits or interest costs, provided that this exclusion shall not apply to any obligation of the tenderer to pay penalties and/or damages to the CCT; and

b) the aggregate liability of the tenderer to the CCT, whether under the contract, in tort or otherwise, shall not exceed the total contract price, provided that this limitation shall not apply to the cost of repairing or replacing defective assets.

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8.16 Governing Language

8.16.1 The Purchaser and the CCT elect that the contract shall be written in English. All correspondence and other documents pertaining to the contract that is exchanged by the arties shall also be written in English.

8.17 Applicable Law

8.17.1 The contract shall be interpreted in accordance with South African laws.

8.18 Taxes and Duties

8.18.1 A tenderer shall be entirely responsible for all taxes, stamp duties, license fees, and other such levies imposed; and

8.18.2 No contract shall be concluded with any tenderer whose tax matters are not in order. Prior to the award of a contract the CCT must be in possession of a tax clearance certificate, submitted by the tenderer. This certificate must be an original printed document issued by the South African Revenue Service.

8.19 Prohibition of restrictive practices

8.19.1 In terms of section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998, as amended, an agreement between, or concerted practice by, firms, or a decision by an association of firms, is prohibited if it is between parties in a horizontal relationship and if a tenderer(s) is/are or a contractor(s) was/were involved in collusive tendering (or tender rigging);

8.19.2 If any tenderer(s), based on reasonable grounds or evidence obtained by the CCT, has/have engaged in the restrictive practice referred to above, the CCT may refer the matter to the Competition Commission for investigation and possible imposition of administrative penalties as contemplated in the Competition Act No. 89 of 1998; and

8.19.3 If any tenderer(s), has/have been found guilty by the Competition Commission of the restrictive practice referred to above, the CCT may, in addition and without prejudice to any other remedy provided for, invalidate the tender(s) for such item(s) offered, and/or terminate the contract in whole or part, and/or restrict the tenderer(s) or contractor(s) from conducting business with the public sector for a period not exceeding ten (10) years and/or claim damages from the tenderer(s) or contractor(s) concerned.

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SUPPORTING SCHEDULES INCLUDING DECLARATIONS AND CERTIFICATIONS

Schedule 1: Resolution by Directors/Members/Trustees/Office Bearers

RESOLUTION for completion by directors (if the tenderer is a (Pty) Ltd or Ltd), or members (if the tenderer is a CC), or trustees if the tenderer is a registered trust, or office bearers if the tenderer is a registered non-

governmental organisation, non-profit organisation, or a public benefit organisation (a religious organisation)

RESOLUTION by directors/members/trustees/governing office bearers of

____________________________________________________________________________ (NAME OF TENDERER)

Held at ____________________________________________ (place) on _______________________________________________ (date) RESOLVED THAT:

The tenderer submits a tender to the City of Cape Town in respect of:

TENDER NO: 2019P/2018/19


1. Mr/Mrs/Ms _______________________________________________ in his/her capacity as

______________________________________________ and who will sign as follows:

_____________________________

(SPECIMEN SIGNATURE)

be, and is hereby, authorised to sign the tender and any and all other documents and/or correspondence in connection with and relating to the tender, as well as to sign any contract, and/or all documentation resulting from the award of the contract to the Tenderer.

Note: The resolution must be signed by the appropriately delegated directors or members/partners/trustees/office bearers of the Tenderer. If the space provided below is not sufficient for all of those to sign, please attach a separate sheet to this tender document in the same format.

Name Capacity Signature

1

2

3

4

5

6

TENDER NO: 219P/2018/19


If the Tenderer is a company or close corporation, please attach a complete copy of the latest REGISTRATION CERTIFICATE issued by CIPC (the Companies and Intellectual Property Commission) showing the same name of the Tenderer as recorded in this tender offer.

Schedule 2: Certificate of Authority for Partnership/Consortium/Joint Venture

(FOR PROPERTY PURCHASE TENDERS)

1. Names and registration/identity numbers (as applicable) of the Joint Venture (“JV”)/Consortium Partners:

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________ 2. The JV/Consortium shall carry on business under the name:

___________________________________________________________________________________ (NAME BY WHICH THE JV / CONSORTIUM SHALL BE KNOWN)

3. Lead Partner

The JV/Consortium/Partnership partners hereby nominate the following partner as its “Lead Partner” for the purposes of this contract. The Lead Partner shall be responsible for the financial administration of the contract on behalf of the JV/Consortium/Partnership and will correspond, receive instructions, make/receive payment/s on behalf of the JV/Consortium/partnership, etc:

____________________________________________________________________________________ (NAME OF THE PARTNER WHO WILL ACT AS LEAD PARTNER

4. A copy of the Joint Venture Agreement / Deed of Partnership is appended to this tender document.

5. Contribution of Members

Please show the percentage of the tendered value contributed by the partners (for possible evaluation purposes):

Names of Partners % of Ownership/

Contribution

Total Ownership 100%

6. Warranty

The JV/Consortium hereby warrants that the tender submitted is in accordance with the main business and objectives of the JV/Consortium.

7. Banking Details

The JV/Consortium hereby confirms that the following are the details of the bank account of the Lead Partner:

Account Holder: ____________________________________________________________ Financial Institution: ____________________________________________________________

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Branch Code: _________________________________

Account No.: ____________________________________________________________

The JV/Consortium partners hereby agree that in the event that there is a change in the JV/consortium/Partnership and/or should a dispute arise between the JV/Consortium partners, that the aforesaid bank account shall be used for the purposes of this contract until such time as the CCT is presented with a Court Order or an original agreement (signed by each and every partner of the JV/Consortium/Partnership) notifying the CCT of the details of the new bank account.

8. Joint and Several Liability of Partnership/JV/Consortium partners

The Partnership/JV/Consortium partners hereby agree that they shall be jointly and severally liable to the CCT for the due and proper fulfilment by the Tenderer of its obligations in terms of the contract as well as any damages suffered by the CCT as a result of breach by the Tenderer. The JV/Consortium partners hereby renounce the benefits of excussion and division.

SIGNATURES OF PARTNERS:

THUS DONE AND SIGNED

at …………………………………………….. on the ………. day of ……………….……… 20….. (PLACE) (DATE) (MONTH) (YEAR)

____________________________ _______________________________________ SIGNATURE FULL NAMES OF PERSON SIGNING

IDENTITY NUMBER: ________________________________________

On behalf of the partner (duly authorised) ________________________________________________________

(NAME OF J/V PARTNER – COMPANY, CLOSE CORPORATION, - AS APPLICABLE)

____________________________ _____________________________________________ SIGNATURE FULL NAMES OF PERSON SIGNING

IDENTITY NUMBER: ______________________________________________

On behalf of the partner (duly authorised) __________________________________________________________ (NAME OF J/V PARTNER – COMPANY, CLOSE CORPORATION, - AS APPLICABLE)

____________________________ ____________________________________________ SIGNATURE FULL NAMES OF PERSON SIGNING

IDENTITY NUMBER: ______________________________________________

On behalf of the partner (duly authorised) _________________________________________________________ (NAME OF J/V PARTNER – COMPANY, CLOSE CORPORATION, - AS APPLICABLE)

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Schedule 3: Declaration in terms of Regulation 21(d) – Transaction Value Exceeding R10 million

(FOR PROPERTY PURCHASE/TENDERS)

If the value of the transaction is expected to exceed R10 million (VAT included) the tenderer shall complete the

following questionnaire, attach the necessary documents and sign this schedule:

1. Are you by law required to prepare annual financial statements for auditing? (Please mark with X)

YES NO

1.1 If YES, submit audited annual financial statements:

i. for the past three years, or ii. since the date of establishment of the tenderer (if established during the past three years)

By attaching such audited financial statements to Schedule 11.

2. Do you have any outstanding undisputed commitments for municipal services towards the CCT or other municipality in respect of which payment is overdue for more than 30 (thirty) days? (Please mark with X)

YES NO

2.1 If NO, this serves to certify that the tenderer has no undisputed commitments for municipal services

towards any municipality for more than three (3) (three) months in respect of which payment is

overdue for more than 30 (thirty) days.

2.2 If YES, provide particulars:

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

3. Has any contract been awarded to you by an organ of state during the past five (5) years? (Please mark with X)

YES NO

3.1 If YES, insert particulars in the table below including particulars of any material non-compliance or

dispute concerning the execution of such contract. Alternatively attach the particulars to Schedule

11 in the same format as the table below:

Organ of State Contract Description Contract

Period

Non-compliance/dispute

(if any)

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The Tenderer hereby certifies that the information set out in this Schedule and/or attached thereto is true and correct and acknowledges that failure to properly and truthfully complete the schedule may result in the tender being disqualified and/or in the event that the Tenderer is successful, cancellation of contract.

_______________________________ _____________________________ SIGNATURE DATE

________________________________________________ PLEASE PRINT FULL NAMES OF PERSON SIGNING On behalf of the tenderer (duly authorised)

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Schedule 4: Preference Schedule

1. Definitions

The following definitions shall apply to this schedule:

All applicable taxes: Includes value-added tax, pay as you earn, income tax, unemployment insurance fund contributions and skills development levies.

Applicable Code: Shall be either the Amended Codes of Good Practise (published on 11 October 2013) or Sector Specific Codes as indicated in the tender conditions

B-BBEE: Broad-based black economic empowerment as defined in section 1 of the Broad-Based Black Economic Empowerment Act.

B-BBEE status level of contributor: The B-BBEE status of an entity in terms of a code of good practice on black economic empowerment issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act

Bid (Tender): A written offer in a prescribed or stipulated form in response to an invitation by an organ of state for the provision of services, works or goods, through price quotations, advertised competitive bidding processes or proposals.

Black Designated Groups: The meaning assigned to it in the codes of good practice issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act, 2003, (Act 53 of 2003).

Black People: The meaning assigned to it in section 1 of the Broad-Based Black Economic Empowerment Act.

Broad-Based Black Economic Empowerment Act: The Broad-Based Black Economic Empowerment Act, Act 53 of 2003.

Consortium or Joint Venture: An association of persons for the purpose of combining their expertise,

property, capital, efforts, skill and knowledge in an activity for the execution of a contract.

Contract The agreement that results from the acceptance of a bid by an organ of state.

Co-operative: A co-operative registered in terms of section 7 of the Co-operatives Act, 2005 (Act no. 14 of 2005).

Designated Group: Black designated groups, black people, women, people with disabilities or small enterprises as defined in section 1 of the National Small Enterprises Act, 1996 (act no. 102 of 1996)

Designated Sector: A sector, sub-sector or industry or product that has been designated in terms of any relevant regulation of the Preferential Procurement Regulations, 2017.

Exempted Micro Enterprise (EME): An exempted micro enterprise in terms of a code of good practice on black economic empowerment issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act

Firm Price: The price that is only subject to adjustments in accordance with the actual increase or decrease resulting from the change, imposition, or abolition of customs or excise duty and any other duty, levy, or tax, which, in terms of the law or regulation, is binding on the contractor and demonstrably has an influence on the price of any supplies, or the rendering costs of any service, for the execution of the contract.

Functionality: The ability of a tenderer to provide goods or services in accordance with specifications as set out in the tender documents.

Military Veteran: The meaning assigned to it in section 1 of the Military Veterans Act, 2011 (Act No. 18 of 2011).

Non-firm prices: All prices other than “firm” prices.

Person: Includes a juristic person.

People with disabilities: The meaning assigned to it in section 1 of the Employment Equity Act, 1998 (Act No. 55 of 1998).

Price: Includes all applicable taxes less unconditional discounts.

Proof of B-BBEE status level of contributor: The B-BBEE status level certificate issued by an authorised body or person, a sworn affidavit as prescribed by the B-BBEE Codes of good Practice or any other requirement prescribed in terms of the Broad-Based Black Economic Empowerment Act.

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Qualifying Small Enterprise (QSE): A qualifying small enterprise in terms of a code of good practice on black economic empowerment issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act.

Rand Value: means the total estimated value of a contract in Rand, calculated at the time of bid invitations.

Rural Area: A sparsely populated area in which people farm or depend on natural resources, including villages and small towns that are dispersed through the area or an area including a large settlement which depends on migratory labour and remittances and government social grants for survival, and may have a traditional land tenure system.

Stipulated Minimum Threshold: The minimum threshold stipulated in terms of any relevant regulation of the Preferential Procurement Regulations, 2017.

Sub-contract: The primary contractor’s assigning, leasing, making out work to, or employing, another person to support such primary contractor in the execution of part of a project in terms of the contract.

The Act: The Preferential Procurement Policy Framework Act, 2000 (Act No 5 of 2000).

Total Revenue: Bears the same meaning assigned to this expression in the Codes of Good Practice on Black Economic Empowerment, issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act and promulgated in the Government Gazette on 9 February 2007.

Township: An urban living area that at any time from the late 19th century until 27 April 1994, was reserved for black people, including areas developed for historically disadvantaged individuals post 27 April 1994.

Treasury: The meaning assigned to it in section 1 of the Public Finance Management Act, 1999 (Act No. 18 of 1999).

Trust: The arrangement through which the property of one person is made over or bequeathed to a trustee to administer such property for the benefit of another person.

Trustee: Any person, including the founder of a trust, to whom property is bequeathed in order for such property to be administered for the benefit of another person.

Youth: The meaning assigned to it in section 1 of the National Youth Development Agency Act, 2008 (Act No. 54 of 2008).

2. Conditions associated with the granting of preferences

A supplier that is granted a preference undertakes to:

a) accept that the number of preference points allocated will be based on the B-BBEE status level of contributor of the supplier as at the closing date for submission of tender offers;

b) not sub-contract more than 25% of the value of the contract to sub-contractors that do not have an equal or higher B-BBEE status level of contributor than the supplier, unless the intended sub-contractors are exempted micro enterprises that have the capability and ability to execute the sub-contract works or unless otherwise declared in terms of Section 5 below;

c) accept that a contract may not be awarded if the price offered is not market related;

d) accept the sanctions set out in Section 3 below should Condition 2(2) be breached, or should the tenderer have submitted any false information regarding its B-BBEE status level of contributor, local production and content, or any other matter required in terms of this bid that will affect, or has affected the bid evaluation;

e) accept that, in order to qualify for preference points, it is the responsibility of the supplier to submit documentary proof of its BBBEE level of contribution in accordance with the Codes of Good Practise, 2013, to the CCT at the Supplier Management Unit located within the Tender Distribution Office, 2nd Floor (Concourse Level), Civic Centre, 12 Hertzog Boulevard, Cape Town (Tel 021 400 9242/3/4/5);

f) accept that, further to e) above, Consortiums/Joint Ventures will qualify for preference points, provided that the entity submits the relevant certificate/scorecard in terms of the Preferential Procurement Regulations, 2017. Note that, in the case of unincorporated entities, a verified scorecard in the name of the consortium/Joint Venture must be submitted with the quotation (attached to this schedule);

g) accept that if it is found that, in the performance of the contract, the participation of the various partners in a Consortium/ Joint Venture differs substantially from that upon which the consolidated

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scorecard submitted in terms of e) above was based, and the impact of which is that the Joint Venture would not have been awarded the contract in terms of the actual B-BBEE level of contribution achieved by the Joint Venture, then a financial penalty shall be applied (in addition to any other remedies that the CCT may have) in accordance with Section 3 below;

h) accept that suppliers are required to be registered on the City of Cape Town’s Supplier Database prior to the acceptance of tenders in order to qualify for preference points. The CCT will verify the B-BBEE level of contributor of the supplier as at the closing date for submission of tender offers, to determine the number of preference points to be awarded to the supplier. In the case of Consortiums/Joint Ventures which tender as unincorporated entities, a verified scorecard submitted with the tender and valid as at the closing date will be used to determine the number of preference points to be awarded to the supplier;

i) accept that, notwithstanding h) above, a supplier will not be awarded points for B-BBEE status level of contributor if he indicates in his tender that he intends sub-contracting more than 25% of the value of the contract to sub-contractors that do not qualify for at least the points that the supplier qualifies for unless the intended sub-contractors are exempted micro enterprises that have the capability and ability to execute the sub-contract works;

j) accept that any subcontracting arrangements after the award of the tender may only be entered into upon the prior approval of the City of Cape Town; and

k) immediately inform the City of Cape Town of any change that may affect the tenderer’s B-BBEE level of contribution upon which preference points will be or have been allocated.

3. Sanctions relating to breaches of preference conditions

The sanctions for breaching the conditions associated with the granting of preferences are:

a) disqualify the supplier from the tender process;

b) recover costs, losses or damages the CCT has incurred or suffered as a result of the supplier’s or contractor’s conduct;

c) cancel the contract in whole or in part and claim any damages which the CCT has suffered as a result of having to make less favourable arrangements due to such cancellation;

d) restrict the supplier, its shareholders and directors, or only the shareholders and directors who acted on a fraudulent basis, from obtaining business from the CCT for a period not exceeding 10 years, after the audi alteram partem (hear the other side) rule has been applied and inform the National Treasury accordingly;

e) forward the matter for criminal prosecution; and/or

f) financial penalties payable to the CCT, as set out below.

Financial penalty for breach of Condition 2 in Section 2 above:

The penalty to be applied for sub-contracting more than 25% of the value of the contract to sub-contractors that do not qualify for at least the preference points that the supplier qualified for (unless so declared or proven to be beyond the control of the supplier, or the sub-contractors are EMEs that have the capability and ability to execute the sub-contract works) shall be as provided for in the following formula:

Penalty = 0.5 x E(%) x P*

where:

E = The value of work (excluding VAT) executed by sub-contractors that do not qualify for at

least the preference points that the supplier qualified for, expressed as a percentage of P*, less 25%

P* = Value of the contract

Financial penalty for breach in terms of condition 6 in Section 2 above:

TENDER NO: 219P/2018/19


The penalty to be applied where, in the performance of the contract, the participation of the various partners in a Consortium/ Joint Venture differs substantially from that upon which the consolidated scorecard submitted in terms of 5) in Section 2 above was based, and the impact of which is that the Joint Venture would not have been awarded that contract in terms of the actual B-BBEE level of contribution achieved by the Joint Venture, shall be as provided for in the following formula:

Penalty = 5/100 x (B-BBEEa – B-BBEEt) x P*

where:

B-BBEEa = The B-BBEE level of contribution that is achieved, determined in accordance

with the actual participation of the Joint Venture partners in the performance of

the contract

B-BBEEt = The B-BBEE level of contribution that was used to determine the number of

preference points granted to the Joint Venture at the time of tender evaluation

P* = Value of the contract

Financial penalty for breach in terms of condition 10 in Section 2 above:

The penalty to be applied where the supplier fails to disclose subcontracting arrangement after the award of the tender is up to a maximum of 10% of the value of the contract.

4. Level of Contribution in respect of enterprise status or structure of the tendering entity (the

supplier)

In the interest of transparency, suppliers are required to complete Table 1: Level of Contribution below.

Table 1: Level of Contribution

Type of B-BBEE Contributor Status (tick box(es) below as applicable)

Exempted Micro Enterprise (EME), 100% black-owned

Exempted Micro Enterprise (EME), at least 51% but less than 100% black-owned

Exempted Micro Enterprise (EME), less than 51% black-owned

Qualifying Small Enterprise (QSE), 100% black-owned

Qualifying Small Enterprise (QSE), at least 51% but less than 100% black-owned

Qualifying Small Enterprise (QSE), less than 51% black-owned

Verified B-BBEE contributor

B-BBEE Status Level of Contributor1

Non-compliant contributor

1 If it is indicated that the company/firm/entity is a verified B-BBEE contributor, then the verified status level of contributor must be inserted in the box provided (insert a number from 1 to 8 as applicable)

TENDER NO: 219P/2018/19


5 Declarations

a) With reference to Condition h in Section 2 above, the supplier declares that:

I / we hereby forfeit my preference points because I /we DO intend sub-contracting more than 25% of the value of the contract to sub-contractors that do not qualify for at least the points that I / we as supplier qualify for or are not exempted micro enterprises that have the capability and ability to execute the sub-contract works

Note:

Suppliers who do not tick this box will be allocated preference points but the sanctions relating to breaches of preference conditions in Section 3 will be applicable if the supplier contravenes the conditions in Section 2.

b) The undersigned, who warrants that he/she is duly authorised to do so on behalf of the supplier, hereby certifies that the preference claimed based on the B-BBEE status level of contribution indicated in Table 1, qualifies the supplier, subject to condition h in Section 2 above, for such preference claimed, and acknowledges that:

i. the information furnished is true and correct;

ii. the preference claimed is in accordance with the conditions of this schedule;

iii. the supplier may be required to furnish documentary proof to the satisfaction of the CCT that the BBBEE level of contributor as at the closing date is correct; and

iv. he/she understands the conditions under which preferences are granted, and confirms that the supplier will satisfy the conditions pertaining to the granting of preferences.

________________________________ _________________________________

Signature Date

________________________________

Name (PRINT)

(For and on behalf of the Supplier (duly authorised))

For official use.

SIGNATURE OF CITY OFFICIALS AT QUOTATION OPENING

1. 2. 3.

TENDER NO: 219P/2018/19


Schedule 5: Declaration of Interest – State Employees MBD 04

This declaration must be completed by all tenderers. In the case of a partnership, consortium or joint venture, a separate declaration in respect of each partner must be completed and submitted.

1. No bid will be accepted from persons in the service of the state¹.

2. Any person, having a kinship with persons in the service of the state, including a blood relationship, may make an offer or offers in terms of this invitation to bid. In view of possible allegations of favouritism, should the resulting bid, or part thereof, be awarded to persons connected with or related to persons in service of the state, it is required that the bidder or their authorised representative declare their position in relation to the evaluating/adjudicating authority.

3. In order to give effect to the above, the following questionnaire must be completed and submitted with the bid.

3.1 Full Name of bidder or his or her representative: ………………………………………..…………………. 3.2 Identity Number: ……………………………………………………………………………………………….. 3.3 Position occupied in the Company (director, trustee, shareholder²): …………………..………………… 3.4 Company or Close Corporation Registration Number: …………………………………………………….. 3.5 Tax Reference Number: ……………………………………………………………………………………….

3.6 VAT Registration Number: …………………………………………………………………………………….

3.7 The names of all directors/trustees/shareholders members, their individual identity numbers and state

employee numbers must be indicated in paragraph 4 below. 3.8 Are you at present in the service of the state? YES / NO

3.8.1 If yes, furnish particulars: ……...………………………………..……………………………………

………………………………………………………………………………………………………………...

3.9 Have you been in the service of the state for the past twelve months? YES / NO

3.9.1 If yes, furnish particulars: .…………………………...……………………………..………………

…………………………………………………………………………………………………………………..

3.10 Do you have any relationship (family, friend, other) with persons in the service of the state and

who may be involved with the evaluation and or adjudication of this bid? YES / NO

3.10.1 If yes, furnish particulars: ………………………...………………………………..…………...

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

3.11 Are you aware of any relationship (family, friend, other) between any other bidder and any persons in the service of the state who may be involved with the evaluation and or adjudication of this bid? YES / NO

3.11.1 If yes, furnish particulars: ………………………...………………………………..…………..

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

3.12 Are any of the company’s directors, trustees, managers, principal shareholders or stakeholders in

service of the state? YES / NO

3.12.1 If yes, furnish particulars: ………………………...………………………………..…………

TENDER NO: 219P/2018/19


…………………………………………………………………………………………………………….

3.13 Are any spouse, child or parent of the company’s directors, trustees, managers, principal shareholders or stakeholders in service of the state? YES / NO


…………………………………………………………………………………………………………….

3.14 Do you or any of the directors, trustees, managers, principal shareholders, or stakeholders of this

company have any interest in any other related companies or business whether or not they are bidding for this contract? YES / NO


..…………………………………………………………………………………………………………...

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

Full Name Identity Number State Employee Number

The tenderer hereby certifies that the information set out in this schedule and/or attached thereto is true and correct, and acknowledges that failure to properly and truthfully complete this schedule may result in the tender being disqualified, and/or (in the event that the tenderer is successful) the cancellation of the contract. ____________________________ ____________________________________________

SIGNATURE PLEASE PRINT FULL NAMES OF PERSON SIGNING


__________________________________

DATE ¹MSCM Regulations: “in the service of the state” means to be – (a) a member of – (i) any municipal council; (ii) any provincial legislature; or (iii) the national Assembly or the national Council of provinces; (b) a member of the board of directors of any municipal entity; (c) an official of any municipality or municipal entity; (d) an employee of any national or provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance Management Act, 1999 (Act No.1 of 1999); (e) a member of the accounting authority of any national or provincial public entity; or (f) an employee of Parliament or a provincial legislature. ² Shareholder” means a person who owns shares in the company and is actively involved in the management of the company or business and exercises control over the company.

TENDER NO: 219P/2018/19


Annexure to Declaration of Interest – State Employees Please provide these details, if applicable

RECORD: IN SERVICE OF THE STATE

Indicate, by marking the relevant boxes with a cross, if any individual, sole proprietor, partner in a partnership / consortium / joint venture, or director, manager, principal shareholder or stakeholder in a company, or member of a close corporation, is currently or has within the last 12 months been in the service of any of the following:

a member of any municipal council a member of any provincial legislature a member of the National Assembly or the

National Council of Provinces a member of the board of directors of any

municipal entity an official of any municipality or municipal

entity

an employee of any provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance Management Act, Act 1 of 1999

a member of an accounting authority of any national or provincial public entity

an employee of Parliament or a provincial legislature

If any of the above boxes are marked, disclose the following*:

Name of individual, sole proprietor,

partner, director, manager, principal

shareholder or stakeholder or

member

Identity Number Name of institution, public office, board or organ of state and position held

Status of service (tick appropriate

column)

Current Within last 12 months

*attach separate page if necessary

RECORD: SPOUSES, CHILDREN OR PARENTS IN THE SERVICE OF THE STATE

Indicate, by marking the relevant boxes with a cross, if any spouse, child or parent of an individual, a sole proprietor, partner in a partnership / consortium / joint venture, or director, manager, principal shareholder or stakeholder in a company, or member of a close corporation, is currently or has within the last 12 months been in the service of any of the following:

a member of any municipal council a member of any provincial legislature a member of the National Assembly or

the National Council of Provinces a member of the board of directors of

any municipal entity an official of any municipality or

municipal entity

an employee of any provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance Management Act, Act 1 of 1999

a member of an accounting authority of any national or provincial public entity

an employee of Parliament or a provincial legislature

Name of spouse, child or parent

Identity number Name of institution, public office, board or organ of state and position held

Status of service (tick appropriate column)

Current Within last 12 months

*attach separate page if necessary

TENDER NO: 219P/2018/19


Schedule 6: Conflict of Interest Declaration

1. The tenderer shall declare whether it has any conflict of interest in the transaction for which the tender is submitted. (Please mark with X)

YES NO

1.1 If yes, the tenderer is required to set out the particulars in the table below:

2. The tenderer shall declare whether it has directly or through a representative or intermediary promised, offered or granted:

2.1 any inducement or reward to the CCT for or in connection with the award of this contract; or

2.2 any reward, gift, favour or hospitality to any official or any other role player involved in the implementation of the supply chain management policy. (Please mark with X)

YES NO

a) If yes, the tenderer is required to set out the particulars in the table below:

Should the tenderer be aware of any corrupt or fraudulent transactions relating to the procurement

process of the City of Cape Town, please contact the following:

[email protected]

or

the City’s anti-corruption hotline at 0800 32 31 30 (toll free)

The tenderer hereby certifies that the information set out in this schedule and / or attached hereto is true and

correct, and acknowledges that failure to properly and truthfully complete this schedule may result in steps

being taken against the tenderer, the tender being disqualified, and / or (in the event that the tenderer is

successful) the cancellation of the contract and/or steps in terms of the Abuse Policy.

_______________________________ _____________________________ SIGNATURE DATE



TENDER NO: 219P/2018/19


Schedule 7: Declaration of Tenderer’s Past Supply Chain Management Practices

MBD 8

Where the entity tendering is a partnership, consortium or joint venture, each party to the partnership / consortium / joint venture must sign a declaration in terms of the Municipal

Finance Management Act, Act 56 of 2003, and attach it to this tender. 1. The bid of any tenderer may be rejected if that tenderer or any of its directors / members have:

a) abused the municipality’s / municipal entity’s supply chain management system or committed any

improper conduct in relation to such system;

b) been convicted for fraud or corruption during the past five years;

c) wilfully neglected, reneged on or failed to comply with any government, municipal or other public sector

contract during the past five years; or

d) been listed in the Register for Tender Defaulters in terms of section 29 of the Prevention and Combating

of Corrupt Activities Act (No 12 of 2004).

2. In order to give effect to the above, the following questionnaire must be completed and submitted with the

bid:

Item Question Yes No

2.1 Is the bidder or any of its directors listed on the National Treasury’s Database of Restricted Suppliers as companies or persons 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 Accounting Officer/Authority of the institution that imposed the restriction after the audi alteram partem rule was applied). The Database of Restricted Suppliers now resides on the National Treasury’s website (www.treasury.gov.za) and can be accessed by clicking on its link at the bottom of the home page.

Yes

No

2.1.1 If so, furnish particulars:

2.2 Is the bidder 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)?

The Register for Tender Defaulters can be accessed on the National Treasury’s website (www.treasury.gov.za) by clicking on its link at the bottom of the home page.

Yes

No


Item Question Yes No

2.3 Was the bidder 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?

Yes

No

http://www.treasury.gov.za/

http://www.treasury.gov.za/

TENDER NO: 219P/2018/19



2.4 Does the bidder 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?

Yes

No


2.5 Was any contract between the bidder 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?

Yes

No


The Tenderer hereby certifies that the information set out in this schedule and/or attached thereto is true and correct, and acknowledges that failure to properly and truthfully complete this schedule may result in the tender being disqualified, and/or (in the event that the tenderer is successful) the cancellation of the contract.

____________________________ ______________________________________________

SIGNATURE PLEASE PRINT FULL NAMES OF PERSON SIGNING On behalf of the tenderer (duly authorised) __________________________________ DATE

TENDER NO: 219P/2018/19


Schedule 8: Declaration in terms of Regulation 38(1)(d)(i) – Municipal Rates and Charges Owed, and Authorisation to Deduct Amounts Due

to City of Cape Town The Tenderer, _______________________________________________________________ (Name of Tenderer)

a) hereby acknowledges that according to SCM Regulation 38(1)(d)(i) the City Manager may reject the tender of the tenderer if any municipal rates and taxes or municipal service charges owed by the Tenderer or any of its directors/members/partners to the City of Cape Town, or to any other municipality or municipal entity, are in arrears for more than 3 (three) months; and

b) therefore hereby agrees and authorises the City of Cape Town to deduct the full amount outstanding by the tenderer or any of its directors/members/partners from any payment due to the tenderer;

c) confirms the following information for the purpose of giving effect to b) above; and d) hereby certifies that the information set out in this schedule and/or attached thereto is true and correct.

The tenderer acknowledges that failure to properly and truthfully complete this schedule may result in the tender being disqualified, and/or (in the event that the tenderer is successful) the cancellation of the contract.

Physical Business address(es) of the Tenderer Municipal Account number(s)

If there is not enough space for all the names, please attach the information to this tender document in the same format:

Name of Director / Member /

Partner Identity Number

Physical residential address of Director / Member / Partner

Municipal

Account number(s)

The Tenderer hereby certifies that there are no municipal rates and taxes or municipal service charges owed by the Tenderer or any of its directors to the municipality or municipal entity, or to any other municipality or municipal entity, that are in arrears for more than three months.

_______________________________ _____________________________ SIGNATURE DATE


TENDER NO: 219P/2018/19


Schedule 9: Certificate of Independent Bid/Tender Determination

(FOR PROPERTY PURCHASE TENDERS)

I, the undersigned, in submitting this tender in response to the tender invitation made by THE CITY OF CAPE TOWN

TENDER NO.: 219P/2018/19

TENDER FOR THE PURCHASE, DEVELOPMENT AND MANAGEMENT OF INDUSTRIAL PARK ON ERVEN 804, 806, 807, 809, 39202, 39203, 39204, 39207, 39208, 39209, 39210, 39211, 39212, 39213, 39215, 39216, 39217, 39218, 39219, 39220, 45089, 51104, 51105, ZONED GENERAL INDUSTRIAL 2 EXCEPT FOR ERF 45089 WHICH HAS A GENERAL BUSINESS 4 ZONING, BOUND BY SPINE ROAD (SOUTH), PHAKAMANI ROAD (WEST) AND RAILWAY LINE (EAST), KHAYELITSHA do hereby make the following statements which I certify to be true and complete in every respect. I certify, on behalf of: ___________________________________________________________

(NAME OF TENDERER) That: a) I have read and I understand the contents of this Certificate; b) I understand that this tender will be disqualified if this Certificate is found not to be true and complete in

every respect; c) I am authorized by the Tenderer to sign this Certificate, and to submit this tender, on behalf of the Tenderer; d) Each person whose signature appears on this tender has been authorized by the Tenderer to determine the

terms of, and to sign, the tender, on behalf of the Tenderer; e) For the purposes of this Certificate and this tender, I understand that the word “competitor” shall include any

individual or organization, other than the Tenderer, whether or not affiliated with the Tenderer, who: i. has been requested to submit a tender in response to this tender invitation; ii. could potentially submit a tender in response to this tender invitation, based on their qualifications,

abilities or experience; and iii. is in the same line of business as the Tenderer;

f) The Tenderer has arrived at this tender independently from, and without consultation, communication, agreement or arrangement with any competitor. However communication between partners in a joint venture or consortium* will not be construed as collusive price quoting. (* Consortium: Joint Venture or Consortium means an association of persons for the purpose of combining their expertise, property, capital, efforts, skill and knowledge in an activity for the execution of a contract.);

g) In particular, without limiting the generality of paragraphs e) and f) above, there has been no consultation, communication, agreement or arrangement with any competitor regarding:

i. prices/rentals; ii. geographical area (market allocation); iii. methods, factors or formulas used to calculate prices/rentals; iv. the intention or decision to submit, or not to submit, a tender; v. the submission of a tender which does not meet the conditions of the tender; or vi. tendering with the intention not to win the contract;

h) In addition, there have been no consultations, communications, agreements or arrangements with any competitor regarding the conditions or particulars to which this tender invitation relates;

i) The terms of this tender have not been, and will not be, disclosed by the Tenderer, directly or indirectly, to any competitor, prior to the date and time of the official tender opening or of the awarding of the contract;

j) I am aware that, in addition and without prejudice to any other remedy provided to combat any restrictive practices related to tenders and contracts, tenders that are suspicious will be reported to the Competition Commission for investigation and possible imposition of administrative penalties in terms of section 59 of the Competition Act No. 89 of 1998 and/or may be reported to the National Prosecuting Authority (NPA) for criminal investigation and/or may be restricted from conducting business with the public sector for a period not exceeding ten (10) years in terms of the Prevention and Combating of Corrupt Activities Act No. 12 of 2004 or any other applicable legislation;

_______________________________ _____________________________ SIGNATURE DATE


TENDER NO: 219P/2018/19

56

Tender number DP2314 Purchase of Industrial Park Erven, Khayelitsha

Schedule 10: Organisation’s Current Office-Bearers

[Please complete this Schedule only if applicable, or mark it Not Applicable]

Where a Tender/Proposal is submitted by an entity that is a registered non-governmental organisation, non-profit organisation, or a public benefit organisation (a religious organisation), the tenderer must provide full details of the entity’s office bearers. An Organisation’s Current Office Bearers are those persons who hold positions of authority and responsibility within the Organisation. These are normally the members of your Governing Board or Controlling Committee. If this form does not have enough spaces for all your office bearers, please add the other details on a sheet of paper in this format, and attach it to this tender submission. At least two office bearers must be nominated as official Contact Persons for the purposes of this tender.

PARTICULARS OF OFFICE-BEARERS

Nominated Tender Contact Persons for the organisation

Personal Title: (Ms/Mrs/Mr/Rev/Dr/Prof etc)

Office-Bearer Title: (Capacity in Organisation)

Name(s)

Surname

Identity Number

Postal address


Work street address


Work Telephone

Cellphone number

e-mail address

Home street address


Home Telephone

TENDER NO: 219P/2018/19

57


PARTICULARS OF OFFICE-BEARERS

Personal Title: (Ms/Mrs/Mr/ Rev/Dr/Prof etc)


Name(s)

Surname

Identity Number

Postal address


Work street address


Work Telephone

Cellphone number

e-mail address

Home street address


Home Telephone

Personal Title: (Ms/Mrs/Mr/ Rev/Dr/Prof etc)


Name(s)

Surname

Identity Number

Postal address


Work street address


Work Telephone

Cellphone number

e-mail address

Home street address


Home Telephone

(Additional information in the above format may be attached behind this tender document)

TENDER NO: 219P/2018/19

58


Schedule 11: Record of Tenderer’s Addenda to Tender Document

The Tenderer has attached the following additional documentation to this Schedule:

Date of Document

Title or Description of Document (Please see also requirements in clause 5.19 of the Conditions of Tender)

1

Original and currently valid Tax Clearance Certificate showing the correct name of the Tenderer (or of each partner, in the case of a partnership); or in the case of a Non-Profit Organisation an original notification from the SA Revenue Service (SARS) to confirm that the Tenderer is approved by SARS as a Public Benefit Organisation (PBO)

2

If the Tenderer is a company or close corporation, a complete copy of the latest Registration Certificate issued by CIPC (the Companies and Intellectual Property Commission) showing the same name of the Tenderer as recorded in this tender offer (a certificate of each partner, in the case of a partnership, joint venture or consortium, and also a copy of the JV/Partnership Agreement). In addition, a copy of the identity document first page showing the full name and identity number of each CC member or managing shareholder (person who owns shares in the company and is actively involved in the management of the company or business, and exercises control over the company).

3

If the Tenderer is an individual or sole trader, a copy of the latest identity document first page showing the full name and identity number (in the case of a partnership, joint venture or consortium, a copy of each member/partner’s identity document as well as a copy of the JV/Partnership agreement).

4

If the Tenderer is an individual or sole trader, a copy of the latest identity document first page showing the full name and identity number (in the case of partnerships or other organisations, a copy of each member/partner’s identity document)

5

If the Tenderer is a social or religious organisation, a brief background document showing the structure, with names and contact details of the local persons in charge of the organisation

6

If the Tenderer is a Non-Profit Organisation (NPO), a complete copy of the latest Registration Certificate issued by the relevant registration authority showing the same name of the Tenderer as recorded in this tender offer (or the certificate of each partner, in the case of a partnership / joint venture)

7

If the Tenderer is a Non-Profit Organisation, a copy of the organisation's Founding Document (i.e. a constitution or a deed of trust or memorandum and articles of association) or Memorandum of Incorporation (MOI)

8

Please attach additional pages in this format if more space is required.

_______________________________ _____________________________ SIGNATURE DATE

________________________________________________ PLEASE PRINT FULL NAMES OF PERSON SIGNING


TENDER NO: 219P/2018/19

59


PLEASE ATTACH YOUR ANNEXURES AFTER THIS PAGE

Documents

FOR THE PURCHASE OF IMMOVABLE PROPERTY