Microsoft Word - GENERATORS TENDER MAIN FINAL. Web viewLandry Makouna / Leon Jimu. TEL ... 22.1 The language of the contract and the law governing the contract shall be ... I understand

THE MARKET THEATRE FOUNDATION

TENDER NO. MTF 10200/2017

TENDER FOR SUPPLY, INSTALLATION, TESTING, AND COMMISSIONING OF POWER BACKUP GENERATORS AT THE

MARKET THEATRE FOUNDATION

NAME OF TENDERER:

TOTAL BID PRICE (INCLUSIVE OF VAT)

JANUARY 2018

Tender No. MTF 10200 /2017: SUPPLY, INSTALLATION, TESTING &COMMISSIONING OF GENERATORS AT THE MARKET THEATRE FOUNDATION, NEWTOWN, JHB

QUOTATION DETAILS

QUOTATION NUMBER: MTF10200/2017

QUOTATION TITLE: SUPPLY, INSTALLATION AND COMMISSIONING OF EMERGENCY POWER GENERATORS AT THE MARKET THEATRE FOUNDATION, NEWTOWN JOHANNESBURG.

CLOSING DATE: 19 FEBRUARY 2018 CLOSING TIME: 12H00

SITE MEETING: DATE: 31JAN 2018 TIME: 11H00 COMPULSORY: YES

SITE MEETING ADDRESS: 138 Lillian Ngoyi (previously Bree) Street, corner Miriam Makeba Street,Newtown, Johannesburg

CIDB GRADING REQUIRED: N/A LEVEL AND CATEGORY: N/A

BID BOX NO: 1 Situated at: The Market Square, 138 Lillian Ngoyi Street, corner Miriam Makeba Street.

OFFER TO BE VALID FOR: 30 DAYS FROM THE CLOSING DATE OF BID.

TENDERER DETAILS

NAME OF TENDERER:

NAME OF CONTACT PERSON:

PHYSICAL ADDRESS:

POSTAL ADDRESS:

TELEPHONE #: FAX NO.

E-MAIL ADDRESS:

QUOTATION AMOUNT (INCLUDING VAT) :

DATE:

SIGNATURE OF TENDERER:

CAPACITY UNDER WHICH THIS BID IS SIGNED:

ENQUIRIES MAY BE DIRECTED TO: ENQUIRIES REGARDING BID

PROCEDURESTECHNICAL ENQUIRIES

CONTACT PERSON:

Vickey Pienaar Landry Makouna / Leon Jimu

TEL. # 011 832 1641 ext 208 012 546 7574

1

Sedzani, 2018-01-16,

will this cover 21 days?

Christine McDonald, 2018-01-16,

Evaluation criteria are on pg 19. The dates will be adjusted as soon as we finalised the content

Sedzani, 2018-01-16,

where is the evaluation criteria?Why is validity period not in line with SCM/treasury prescripts?

Christine McDonald [2], 2018-01-22,


DFR is the consulting engineers appointed for this project.

Sedzani, 2018-01-16,

Why is DFR logo on market theater tender? this must be a market theater document

Tender No. MTF 10200 /2017: SUPPLY, INSTALLATION, TESTING &COMMISSIONING OF GENERATORS AT THE MARKET THEATRE FOUNDATION, NEWTOWN, JHB.

Table of Contents

SECTION A. STANDARD CONDITIONS OF TENDER 4

SECTION B-GENERAL CONDITIONS OF CONTRACT 13

SECTION C. TENDERING PROCEDURES 16

SECTION D. SPECIFICATION FOR ELECTRICAL WORK 66

SECTION E. SPECIFICATION FOR GENERATOR WORK 70

SECTION F PREAMBLE TO THE BILL OF QUANTITIES 86

SECTION G. QUALIFICATION INFORMATION 94

SECTION H. STATEMENT OF VERIFICATION THAT NOT DEBARRED 103

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TENDER FOR SUPPLY, INSTALLATION, TESTING & COMMISSIONING OF GENERATORS AT THE MARKET THEATRE FOUNDATION

Quotations are hereby invited for the Supply, Installation and Commissioning of Emergency Power Generators at The Market Theatre and Market Square, Newtown Johannesburg.

Tender documents are available from The Market Theatre Foundation, Market Square, from 8:00 to 16:00, Monday to Friday from 26 January 2017 at R250.00 per copy (cash only).

For more information contact: Vickey Pienaar, [email protected], (t) +27 11 832 1641 ext. 208.

Sealed quotations, with: Tender No: “MTF 10200/2017: Supply, Installation and Commissioning of Emergency Power Generators at The Market Theatre and Market Square, Newtown Johannesburg ” clearly

endorsed on the envelope, must be deposited in Tender Box situated at:

The Market Theatre Foundation

Market Square

138 Lillian Ngoyi (previously Bree) Street, corner Miriam Makeba Street

Newtown

Johannesburg

2001

The closing date and time of the tender is on 19 February 2018 at 12h00 and tenders will be opened in public

immediately thereafter at The Market Square Building, Johannesburg.

This bid will be evaluated in terms of the Preferential Procurement Policy Framework Act (PPPFA) and bid

submissions will be evaluated according to the sum of the points awarded in respect of the bid value and the status

of the enterprise.

The Market Theatre Foundation does not bind itself to accept the lowest or any quotation and reserves the right to

accept any quotation, as it may deem expedient. Quotations are subject to the General Conditions of Contract of


Please refer enquiries to Vickey Pienaar, [email protected], (t) +27 11 832 1641 ext 208.

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mailto:@markettheatre.co.za

mailto:@markettheatre.co.za


SECTION A. STANDARD CONDITIONS OF TENDER Introduction 1. Eligible Tenderers 1.1This Invitation for Tenders is open to all tenderers eligible as described in the tender documents. Successful tenderers shall complete the supply of services by the intended completion date specified in the tender documents.

F.1 General

F.1.1 Actions

F.1.1.1 The employer and each tenderer submitting a tender offer shall comply with these conditions of tender. In their dealings with each other, they shall discharge their duties and obligations as set out in F.2 and F.3, timeously and with integrity, and behave equitably, honestly and transparently, comply with all legal obligations and not engage in anticompetitive practices.

F.1.1.2 The employer and the tenderer and all their agents and employees involved in the tender process shall avoid conflicts of interest and where a conflict of interest is perceived or known, declare any such conflict of interest, indicating the nature of such conflict. Tenderers shall declare any potential conflict of interest in their tender submissions. Employees, agents and advisors of the employer shall declare any conflict of interest to whoever is responsible for overseeing the procurement process at the start of any deliberations relating to the procurement process or as soon as they become aware of such conflict and abstain from any decisions where such conflict exists or recuse themselves from the procurement process, as appropriate.

Note: 1) A conflict of interest may arise due to a conflict of roles which might provide an incentive for improper acts in some circumstances. A conflict of interest can create an appearance of impropriety that can undermine confidence in the ability of that person to act properly in his or her position even if no improper acts result.

Note: 2) Conflicts of interest in respect of those engaged in the procurement process include direct, indirect or family interests in the tender or outcome of the procurement process and any personal bias, inclination, obligation, allegiance or loyalty which would in any way affect any decisions taken.

F.1.1.3 The employer shall not seek, and a tenderer shall not submit a tender without having a firm intention and the capacity to proceed with the contract.

F.1.2 Tender Documents

The documents issued by the employer for the purpose of a tender offer are listed in the tender data.

F.1.3 Interpretation

F.1.3.1 The tender data and additional requirements contained in the tender schedules that are included in the returnable documents are deemed to be part of these conditions of tender.

4


Vickey checked. This is in accordance with the CIDB conditions


Vickey please compare with the standard document.

Sedzani, 2018-01-16,

why is there no standardisation in tender documents and terms.some of ther things menioned must refer to the SCM policy


F.1.3.2 These conditions of tender, the tender data and tender schedules which are only required for tender evaluation purposes, shall not form part of any contract arising from the invitation to tender.

F.1.3.3 For the purposes of these conditions of tender, the following definitions apply:

a) Conflict of interest means any situation in which:

i) Someone in a position of trust has competing professional or personal interests which make it difficult to fulfil his or her duties impartially;

ii) An individual or organisation is in a position to exploit a professional or official capacity in some way for their personal or corporate benefit; or

iii) Incompatibility or contradictory interests exist between an employee and the organisation which employs that employee.

b) Comparative offer means the tenderer’s financial offer after all tendered parameters that will affect the value of the financial offer have been taken into consideration in order to enable comparisons to be made between offers on a comparative basis.

c) Corrupt practice means the offering, giving, receiving or soliciting of anything of value to influence the action of the employer or his staff or agents in the tender process.

d) Fraudulent practice means the misrepresentation of the facts in order to influence the tender process or the award of a contract arising from a tender offer to the detriment of the employer, including collusive practices intended to establish prices at artificial levels

e) Organization means a company, firm, enterprise, association or other legal entity, whether incorporated or not, or a public body

f) Quality (functionality) means the totality of features and characteristics of a product or service that bear on its ability to satisfy stated or implied needs

F.1.4 Communication and employer’s agent

Each communication between the employer and a tenderer shall be to or from the employer's agent only, and in a form that can be readily read, copied and recorded. Communications shall be in the English language. The employer shall not take any responsibility for non-receipt of communications from or by a tenderer. The name and contact details of the employer’s agent are stated in the tender data.

F.1.5 The employer’s right to accept or reject any tender offer

F.1.5.1 The employer may accept or reject any variation, deviation, tender offer, or alternative tender offer, and may cancel the tender process and reject all tender offers at any time before the formation of a contract. The employer shall not accept or incur any liability to a tenderer for such cancellation and rejection but will give written reasons for such action upon written request to do so. F.1.5.2 The employer may not subsequent to the cancellation or abandonment of a tender process or the rejection of all responsive tender offers re-issue a tender covering substantially the same scope of work within a period of six months unless only one tender was received, and such tender was returned unopened to the tenderer.

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F.1.6 Procurement procedures

F.1.6.1 General Unless otherwise stated in the tender data, a contract will, subject to F.3.13, be concluded with the tenderer who in terms of F.3.11 is the highest ranked or the tenderer scoring the highest number of tender evaluation points, as relevant, based on the tender submissions that are received at the closing time for tenders.

F.1.6.2 Competitive negotiation procedure

F.1.6.2.1 Where the tender data require that the competitive negotiation procedure is to be followed, tenderers shall submit tender offers in response to the proposed contract in the first round of submissions. Notwithstanding the requirements of F.3.4, the employer shall announce only the names of the tenderers who make a submission.

The requirements of F.3.8 relating to the material deviations or qualifications which affect the competitive position of tenderers shall not apply.

F.1.6.2.2 All responsive tenderers, or not less than three responsive tenderers that are highest ranked in terms of the evaluation method and evaluation criteria stated in the tender data, shall be invited in each round to enter into competitive negotiations, based on the principle of equal treatment and keeping confidential the proposed solutions and associated information. Notwithstanding the provisions of F.2.17, the employer may request that tenders be clarified, specified and fine-tuned in order to improve a tenderer’s competitive position provided that such clarification, specification, fine-tuning or additional information does not alter any fundamental aspects of the offers or impose substantial new requirements which restrict or distort competition or have a discriminatory effect. F.1.6.2.3 At the conclusion of each round of negotiations, tenderers shall be invited by the employer to make a fresh tender offer, based on the same evaluation criteria, with or without adjusted weightings. Tenderers shall be advised when they are to submit their best and final offer.

F.1.6.2.4 The contract shall be awarded in accordance with the provisions of F.3.11 and F.3.13 after tenderers have been requested to submit their best and final offer.

F.2 Tenderer’s obligations

F.2.1 Eligibility

F.2.1.1 Submit a tender offer only if the tenderer satisfies the criteria stated in the tender data and the tenderer, or any of his principals, is not under any restriction to do business with employer.

F.2.1.2 Notify the employer of any proposed material change in the capabilities or formation of the tendering entity (or both) or any other criteria which formed part of the qualifying requirements used by the employer as the basis in a prior process to invite the tenderer to submit a tender offer and obtain the employer’s written approval to do so prior to the closing time for tenders.

F.2.2 Cost of tendering Accept that, unless otherwise stated in the tender data, the employer will not compensate the tenderer for any costs incurred in the preparation and submission of a tender offer, including the costs of any testing necessary to demonstrate that aspects of the offer comply with requirements.

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F.2.3 Check documents Check the tender documents on receipt for completeness and notify the employer of any discrepancy or omission.

F.2.4 Confidentiality and copyright of documents Treat as confidential all matters arising in connection with the tender. Use and copy the documents issued by the employer only for the purpose of preparing and submitting a tender offer in response to the invitation.

F.2.5 Reference documents Obtain, as necessary for submitting a tender offer, copies of the latest versions of standards, specifications, conditions of contract and other publications, which are not attached but which are incorporated into the tender documents by reference. F.2.6 Acknowledge addenda Acknowledge receipt of addenda to the tender documents, which the employer may issue, and if necessary apply for an extension to the closing time stated in the tender data, in order to take the addenda into account.

F.2.7 Clarification meeting Attend, where required, a clarification meeting at which tenderers may familiarize themselves with aspects of the proposed work, services or supply and raise questions. Details of the meeting(s) will be relayed to all the tenderers.

F.2.8 Seek clarification Request clarification of the tender documents, if necessary, by notifying the employer at least five working days before the closing time stated in the tender data.

F.2.9 Insurance

The employer will not provide any insurance.

F.2.10 Pricing the tender offer

F.2.10.1 Include in the rates, prices, and the tendered total of the prices (if any) all duties, taxes, Value Added Tax (VAT).

F2.10.2 Show VAT payable by the employer separately as an addition to the tendered total of the prices.

F.2.10.3 Provide rates and prices that are fixed for the duration of the contract and not subject to adjustment except as provided for in the conditions of contract identified in the contract data.

F.2.10.4 State the rates and prices in Rand unless instructed otherwise in the tender data. The conditions of contract identified in the contract data may provide for part payment in other currencies.

F.2.11 Alterations to documents

Do not make any alterations or additions to the tender documents, except to comply with instructions issued by the employer, or necessary to correct errors made by the tenderer. All signatories to the tender offer shall initial all such alterations. Erasures and the use of masking fluid are prohibited.

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F.2.12 Alternative tender offers

F.2.12.1 Unless otherwise stated in the tender data, submit alternative tender offers only if a main tender offer, strictly in accordance with all the requirements of the tender documents, is also submitted as well as a schedule that compares the requirements of the tender documents with the alternative requirements that are proposed.

F.2.12.2 Accept that an alternative tender offer may be based only on the criteria stated in the tender data or criteria otherwise acceptable to the employer.

F.2.13. Submitting a tender offer

F.2.13.1 Submit one tender offer only, either as a single tendering entity or as a member in a joint venture to provide the whole of the works, services or supply identified in the contract data and described in the scope of works, unless stated otherwise in the tender data.

F.2.13.2 Return all returnable documents to the employer after completing them in their entirety, either electronically (if they were issued in electronic format) or by writing legibly in non-erasable ink.

F.2.13.3 Submit the parts of the tender offer communicated on paper as an original plus the number of copies stated in the tender data, with an English translation of any documentation in a language other than English, and the parts communicated electronically in the same format as they were issued by the employer.

F.2.13.4 Sign the original and all copies of the tender offer where required in terms of the tender data. The employer will hold all authorized signatories liable on behalf of the tenderer. Signatories for tenderers proposing to contract as joint ventures shall state which of the signatories is the lead partner whom the employer shall hold liable for the purpose of the tender offer.

F.2.13.5 Seal the tender offer as a package marking the package as "ORIGINAL”. Each package shall state on the outside the employer's address and identification details stated in the tender data, as well as the tenderer's name and contact address.

F.2.13.6 A one envelope system is required in terms of the tender data which will include a priced BOQ. Each envelope shall state on the outside the employer’s address and identification details stated in the tender data, as well as the tenderer's name and contact address.

F.2.13.7 Seal the original tender offer together in an outer package that states on the outside only the employer's address and identification details as stated in the tender data.

F.2.13.8 Accept that the employer will not assume any responsibility for the misplacement or premature opening of the tender offer if the outer package is not sealed and marked as stated.

F.2.13.9 Accept that tender offers submitted by facsimile or e-mail will be rejected by the employer, unless stated otherwise in the tender data. F.2.14 Information and data to be completed in all respects.

8


Vickey checked and this is in accordance with CIDB


Vickey please check.

Sedzani, 2018-01-16,

is this in line with PPPFA?


Accept that tender offers, which do not provide all the data or information requested completely and in the form required, may be regarded by the employer as non-responsive.

F.2.15 Closing time

F.2.15.1 Ensure that the employer receives the tender offer at the address specified in the tender data not later than the closing time stated in the tender data. Accept that proof of posting shall not be accepted as proof of delivery. F.2.15.2 Accept that, if the employer extends the closing time stated in the tender data for any reason, the requirements of these conditions of tender apply equally to the extended deadline. F.2.16 Tender offer validity

F.2.16.1 Hold the tender offer(s) valid for acceptance by the employer at any time during the validity period stated in the tender data after the closing time stated in the tender data.

F.2.16.2 If requested by the employer, consider extending the validity period stated in the tender data for an agreed additional period with or without any conditions attached to such extension.

F.2.16.3 Accept that a tender submission that has been submitted to the employer may only be withdrawn or substituted by giving the employer’s agent written notice before the closing time for tenders that a tender is to be withdrawn or substituted.

F.2.16.4 Where a tender submission is to be substituted, submit a substitute tender in accordance with the requirements of F.2.13 with the packages clearly marked as “SUBSTITUTE”. F.2.17 Clarification of tender offer after submission

Provide clarification of a tender offer in response to a request to do so from the employer during the evaluation of tender offers. This may include providing a breakdown of rates or prices and correction of arithmetical errors by the adjustment of certain rates or item prices (or both). No change in the competitive position of tenderers or substance of the tender offer is sought, offered, or permitted. Note: Sub-clause F.2.17 does not preclude the negotiation of the final terms of the contract with a preferred tenderer following a competitive selection process, should the Employer elect to do so.

F.2.18 Provide other material

F.2.18.1 Provide, on request by the employer, any other material that has a bearing on the tender offer, the tenderer’s commercial position (including notarized joint venture agreements), preference arrangements, or samples of materials, considered necessary by the employer for the purpose of a full and fair risk assessment. Should the tenderer not provide the material, or a satisfactory reason as to why it cannot be provided, by the time for submission stated in the employer’s request, the employer may regard the tender offer as non-responsive.

F.2.18.2 Dispose of samples of materials provided for evaluation by the employer, where required.

F.2.19 Inspections, tests and analysis

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Provide access during working hours to premises for inspections, tests and analysis as provided for in the tender data.

F.2.20 Submit securities, bonds, policies, etc. If requested, submit for the employer’s acceptance before formation of the contract, all securities, bonds, guarantees, policies and certificates of insurance required in terms of the conditions of contract identified in the contract data.

F.2.21 Check final draft

Check the final draft of the contract provided by the employer within the time available for the employer to issue the contract.

F.2.22 Return of other tender documents

If so instructed by the employer, return all retained tender documents within 28 days after the expiry of the validity period stated in the tender data.

F.2.23 Certificates Include in the tender submission or provide the employer with any certificates as stated in the tender data.

F.3 The employer’s undertakings

F.3.1 Respond to requests from the tenderer

Unless otherwise stated in the tender Data, respond to a request for clarification received up to five working days before the tender closing time stated in the Tender Data and notify all tenderers who drew procurement documents. Consider any request to make a material change in the capabilities or formation of the tendering entity (or both) or any other criteria which formed part of the qualifying requirements used to prequalify a tenderer to submit a tender offer in terms of a previous procurement process and deny any such request if as a consequence:

a) an individual firm, or a joint venture as a whole, or any individual member of the joint venture fails to meet any of the collective or individual qualifying requirements;

b) the new partners to a joint venture were not prequalified in the first instance, either as individual firms or as another joint venture; or

c) in the opinion of the Employer, acceptance of the material change would compromise the outcome of the prequalification process.

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F.3.2 Issue Addenda

If necessary, issue addenda that may amend or amplify the tender documents to each tenderer during the period from the date that tender documents are available until three days before the tender closing time stated in the Tender Data. If, as a result a tenderer applies for an extension to the closing time stated in the Tender Data, the Employer may grant such extension and, shall then notify all tenderers who drew documents.

F.3.3 Return late tender offers

Return tender offers received after the closing time stated in the Tender Data, unopened, (unless it is necessary to open a tender submission to obtain a forwarding address), to the tenderer concerned.

F.3.4 Opening of tender submissions F.3.4.1 Valid tender submissions will be opened in the presence of tenderers’ agents who choose to attend at the time and place stated in the tender data. Tender submissions for which acceptable reasons for withdrawal have been submitted will not be opened. F.3.4.2 Announce at the meeting held immediately after the opening of tender submissions, at a venue indicated in the tender data, the name of each tenderer whose tender offer is opened and, where applicable, the total of his prices, preferences claimed and time for completion for the main tender offer only.

F.3.4.3 Make available the record outlined in F.3.4.2 to all interested persons upon request.

F.3.5 Non-disclosure

Not disclose to tenderers, or to any other person not officially concerned with such processes, information relating to the evaluation and comparison of tender offers, the final evaluation price and recommendations for the award of a contract, until after the award of the contract to the successful tenderer.

F3.6 Grounds for rejection and disqualification

Determine whether there has been any effort by a tenderer to influence the processing of tender offers and instantly disqualify a tenderer (and his tender offer) if it is established that he engaged in corrupt or fraudulent practices.

F.3.7 Test for responsiveness

F.3.7.1 Determine, after opening and before detailed evaluation, whether each tender offer properly received:

a) complies with the requirements of these Conditions of Tender,

b) has been properly and fully completed and signed, and

c) is responsive to the other requirements of the tender documents.

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Vickey did review


I need more clarity on what is required. Can we discuss today?

Sedzani, 2018-01-16,

nowher do we mentions the sCM requirements, did sCM officer review the TORs for compliance with prescripts?


F.3.7.2 A responsive tender is one that conforms to all the terms, conditions, and specifications of the tender documents without material deviation or qualification. A material deviation or qualification is one which, in the Employer's opinion, would:

a) Detrimentally affect the scope, quality, or performance of the works, services or supply identified in the Scope of Work,

b) Significantly change the Employer's or the tenderer's risks and responsibilities under the contract, or

c) Affect the competitive position of other tenderers presenting responsive tenders, if it were to be rectified.

F.3.7.3 Reject a non-responsive tender offer, and not allow it to be subsequently made responsive by correction or withdrawal of the non-conforming deviation or reservation.

F.3.8 Arithmetical errors, omissions, and discrepancies F.3.8.1 Check responsive tenders for discrepancies between amounts in words and amounts in figures. Where there is a discrepancy between the amounts in figures and the amount in words, the amount in words shall govern.

F.3.8.2 Check the highest ranked tender or tenderer with the highest number of tender evaluation points after the evaluation of tender offers for:

a) the gross misplacement of the decimal point in any unit rate;

b) omissions made in completing the pricing schedule or bills of quantities; or

c) arithmetic errors in:

I. line item totals resulting from the product of a unit rate and a quantity in bills of quantities or schedules of prices; or

II. the summation of the prices.

F.3.8.3 Notify the tenderer of all errors or omissions that are identified in the tender offer and either confirm the tender offer as tendered or accept the corrected total of prices.

F.3.8.4 Where the tenderer elects to confirm the tender offer as tendered, correct the errors as follows:

a) If bills of quantities or pricing schedules apply and there is an error in the line item total resulting from the product of the unit rate and the quantity, the line item total shall govern and the rate shall be corrected. Where there is an obviously gross misplacement of the decimal point in the unit rate, the line item total as quoted shall govern, and the unit rate shall be corrected.

c) Where there is an error in the total of the prices either as a result of other corrections required by this checking process or in the tenderer's addition of prices, the total of the prices shall govern, and the tenderer will be asked to revise selected item prices (and their rates if bills of quantities apply) to achieve the tendered total of the prices.

F.3.9 Insurance

F3.9.1 The employer is not liable to provide any insurance.

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F.3.10 Acceptance of tender offer

Accept the tender offer, if in the opinion of the employer, it does not present any unacceptable commercial risk and only if the tenderer:

a) is not under restrictions, or has principals who are under restrictions, preventing participating in the employer’s procurement,

b) can, as necessary and in relation to the proposed contract, demonstrate that he or she possesses the professional and technical qualifications, professional and technical competence, financial resources, equipment and other physical facilities, managerial capability, reliability, experience and reputation, expertise and the personnel, to perform the contract,

c) has the legal capacity to enter into the contract,

d) complies with the legal requirements, if any, stated in the tender data, and

f) is able, in the opinion of the employer, to perform the contract free of conflicts of interest.

F.3.11 Prepare contract documents

F.3.11.1 If necessary, revise documents that shall form part of the contract and that were issued by the employer as part of the tender documents to take account of:

a) addenda issued during the tender period, b) inclusion of some of the returnable documents, and c) other revisions agreed between the employer and the successful tenderer.

F.3.11.2 Complete the schedule of deviations attached to the form of offer and acceptance, if any.

F.3.12 Complete adjudicator's contract

Unless alternative arrangements have been agreed or otherwise provided for in the contract, arrange for both parties to complete formalities for appointing the selected adjudicator at the same time as the main contract is signed. F.3.13 Notice to unsuccessful tenderers

F.3.13.1 Notify the successful tenderer of the employer's acceptance of his tender offer by completing and returning one copy of the form of offer and acceptance before the expiry of the validity period stated in the tender data, or agreed additional period.

F.3.13.2 After the successful tenderer has been notified of the employer’s acceptance of the tender, notify other tenderers that their tender offers have not been accepted.

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F.3.14 Provide copies of the contracts

Provide to the successful tenderer the number of copies stated in the Tender Data of the signed copy of the contract as soon as possible after completion and signing of the form of offer and acceptance.

F.3.15 Provide written reasons for actions taken

Provide upon request written reasons to tenderers for any action that is taken in applying these conditions of tender but withhold information which is not in the public interest to be divulged, which is considered to prejudice the legitimate commercial interests of tenderers or might prejudice fair competition between tenderers.

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SECTION B-GENERAL CONDITIONS OF CONTRACT

1. Sealed tenders, with the “Tender Number and Title” clearly endorsed on the envelope and must be deposited in the tender box indicated at The Market Square.

2. The tender must be lodged by the Tenderer in the tender box at the Market Square.

PLEASE NOTE:

a) Tenders that are deposited in the incorrect box will not be considered. b) Mailed, telegraphic or faxed tenders will not be accepted. c) Documents may only be completed in black ink. d) In the event of a mistake having been made, it shall be crossed out in ink and be accompanied by an initial at each and every alteration. e) All bids must be submitted in writing on the official forms supplied (not to be re-typed) f) All prices shall be quoted in South African currency and be INCLUSIVE of VAT. 3. Any Tender received after the appointed time for the closing of Tenders shall not be considered but shall be

filed unopened with the other Tenders received or may be returned to the Tenderer at his request.

4. Tenders may not be telefaxed to The Market Theatre Foundation and therefore any tenders received by fax will not be considered.

5. A separate Tender box is provided for the reception of Tenders and no Tender will be considered which,

subsequent to the closing hour for Tenders, may be found in another box.

6. Tenders shall be opened in public at the Market Square Offices as soon as possible after the closing time for the receipt of tenders.

7. Alterations or deletions not signed by the Tenderer may render the tender invalid. 8. The Market Theatre Foundation shall have the right to summarily disqualify any Tenderer who, either at the date

of submission of this tender or at the date of its award, is indebted to the Foundation in respect of any rental, levies, rates and/or service charges; ALTERNATIVELY;

8.1. That an agreement be signed whereby the Tenderer agrees that a percentage or fixed amount at the discretion of the Foundation, be deducted from payments due to him for this tender, until the debt is paid in full.

9. All prices shall be quoted in South African currency and be INCLUSIVE of VAT.

10.This bid will be evaluated and adjudicated according to the following criteria: Relevant specifications Value for money Capability to execute the contract PPPFA & associated regulations

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11. Value-Added Tax (VAT)

11.1. Tax invoices are to comply with the requirements as contained in the Value Added Tax Act, Act 89 of 1991. The content of the invoice must contain sufficient information for audit purposes.

11.2. It is a requirement of this contract that the amount of value-added tax (VAT) must be shown clearly on each invoice.

11.3. The amended Value-Added Tax Act requires that a Tax Invoice for supplies in excess of R3, 000 should, in addition to the other required information, also disclose the VAT registration number of the recipient, with effect from 1 March 2005.

12. Performance Security 12.1 Within thirty (30) days of receipt of the notification of Contract award, the successful tenderer shall furnish to

the Employer with performance security in the amount specified in Special Conditions of Contract. 12.2 The proceeds of the performance security shall be payable to the Employer as compensation for any loss

resulting from the Tenderer’s failure to complete its obligations under the Contract. 12.3 The performance security shall be denominated in the currency of the Contract and shall be in the form of a

bank guarantee or an irrevocable letter of credit issued by a reputable bank located in South Africa in the form provided in the tender documents.

12.4 The performance security will be discharged by the Employer and returned to the Candidate not later than

thirty (30) days following the date of completion of the Tenderer’s performance obligations under the Contract, including any warranty obligations, under the Contract.

13. Inspection and Tests 13.1 The Employer or its representative shall have the right to inspect and/or to test the Services to confirm their

conformity to the Contract specifications. The Employer shall notify the tenderer in writing, in a timely manner, of the identity of any representatives retained for these purposes.

13.2 The inspections and tests may be conducted on the premises of the tenderer or its subcontractor(s), at point

of delivery, and/or at the Services’ final destination. If conducted on the premises of the tenderer or its subcontractor(s), all reasonable facilities and assistance, including access to drawings and production data, shall be furnished to the inspectors at no charge to the Employer.

13.3 Should any inspected or tested Services fail to conform to the Specifications, the Employer may reject the Services, and the tenderer shall make alterations necessary to meet specification requirements free of cost to the Employer.

14. Subcontracts

14.1 The Employer’s right to inspect, test and, where necessary, reject the Services after the Services’ arrival, shall in no way be limited or waived by reason of the Services having previously been inspected, tested, and passed by the Employer or its representative prior to the Services’ delivery.

16


I agree, i propose that we change procuring entity to employer.

Sedzani, 2018-01-16,

the document refers to procuring entity and employer? who is this entities for clarity


15. Delivery 15.1 Delivery of the Services shall be made by the tenderer in accordance with the terms specified by Employer in

its Schedule of Requirements and the Special Conditions of Contract. 16. Insurance 16.1 The Contractor shall be responsible for and shall take out appropriate cover against, among other risks,

personal injury; loss of or damage to the Works, materials and plant; and loss or damage to property.

17. Payment 17.1 Payments shall be made promptly by the Employer monthly in arrears after satisfactory performance as

specified in the contract. 18. Prices 18.1 Prices charged by the tenderer for Services delivered and Services performed under the Contract shall not,

with the exception of any price adjustments authorized in Special Conditions of Contract, vary from the prices by the tenderer in its tender.

19. Subcontracts 19.1 The tenderer shall notify the Procuring entity in writing of all subcontracts awarded under this Contract if not

already specified in the tender. Such notification, in the original tender or later, shall not relieve the tenderer from any liability or obligation under the Contract.

20. Termination for Default

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

a) if the tenderer fails to deliver any or all of the Services within the period(s) specified in the Contract, or within

any extension thereof granted by the Employer.

b) if the tenderer fails to perform any other obligation(s) under the Contract.

c) if the tenderer, in the judgment of the Employer has engaged in corrupt or fraudulent practices in competing for or in executing the Contract.

20.2 In the event that the Employer terminates the Contract in whole or in part, it may procure, upon such terms

and in such manner as it deems appropriate, Services similar to those undelivered, and the tenderer shall be liable to the Employer for any excess costs for such similar Services.

21. Resolution of Disputes 21.1 The employer and the tenderer shall make every effort to resolve amicably by direct informal negotiation any

disagreement or dispute arising between them under or in connection with the contract.

17


21.2 If, after thirty (30) days from the commencement of such informal negotiations both parties have been unable

to resolve amicably a contract dispute, either party may require adjudication in an agreed national arbitration. 22. Language and Law 22.1 The language of the contract and the law governing the contract shall be English language and the Laws of

South Africa respectively unless otherwise stated.

23. Force Majeure The tenderer shall not be liable for forfeiture of its performance security, or termination 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.

18


SECTION C. TENDERING PROCEDURES

PART T1: TENDERING PROCEDURES

T1.1:Tender Notice and Invitation to Tender

TENDER No: MTF 10200/2017 FOR THE SUPPLY AND INSTALLATION OF GENERATORS AND UPGRADE OF ELECTRICAL DISTRIBUTION BOARDS

The Market Theatre Foundation invites tenders for the Supply and Installation of Generators and Upgrade of Electrical Distribution Boards at the Market Square and Market Theatre in Newtown, Johannesburg.

It is estimated that the tenderers should have a CIDB contractor grading designation of 4 EB or higher

Joint ventures are eligible to submit tenders provided that they satisfy criteria stated in the Tender Data.

Tenderers must be registered with the CIDB in an EB class of construction works.

The physical address for collection of tender documents is:

The Market Theatre Foundation Market Square138 Lillian Ngoyi Street, Corner Miriam Makeba Street. NEWTOWN

2001

Documents may be collected Monday to Friday between 08h00 and 17h00 from 26 January 2017.

A non-refundable tender fee of R250 must be paid in cash to the Market Theatre Foundation. The cash receipt issued on collection of the tender documents must be attached to the tender document submitted.

Queries relating to the issue of these documents may be addressed to Vickey Pienaar at TEL. 011 832 1641 or email to [email protected].

A compulsory Site Clarification Meeting with representatives of the Employer will take place at the Market Square, 138 Lillian Ngoyi (previously Bree) Street, corner Miriam Makeba StreetNewtown, Johannesburg on 31 January 2017 starting at 11h00.

The closing time for receipt of tenders is 12h00 on 19 February 2018. Telegraphic, telephonic, telex, facsimile, e-mail and late tenders will not be accepted.

Tenders must only be submitted on the tender documentation that is issued. The retyping of the tender document is not permitted.

Requirements for sealing, addressing, delivery, opening and assessment of tenders are stated in the Tender Data.

The MTF’s selection of qualifying tenders will be at the MTF’s sole discretion and will be final. The MTF does not bind itself to accept any particular tender. Correspondence will be entered into with the successful tenderer.

19

Christine McDonald, 16/01/18,

We always sell the documents as they are costly to print and we only want companies who are really interested to pick up copies of the tender.

Sedzani, 16/01/18,

why do we sell these?


T1.2 Tender Data

The Conditions of Tender are the Standard Conditions of Tender as contained in Annex F of the CIDB Standard for Uniformity in Construction Procurement, (May 2010) as published in Government Gazette No 33239, Board Notice 86 of 2010 of 28 May 2010. (See www.cidb.org.za).

The Standard Conditions of Tender make several references to the Tender Data for details that apply specifically to this tender. The Tender Data shall have precedence in the interpretation of any ambiguity or inconsistency between it and the Standard Conditions of Tender.

Each item of data given below is cross-referenced to the clause in the Standard Conditions of Tender to which it applies.

Clause Number Clause Heading Data / Wording

F.1.1 The Employer


F.1.2 The Tender

PART T1: TENDERING PROCEDUREST1.1 Tender Notice and Invitation to Tender

T1.2 Tender Data

PART T2: RETURNABLE DOCUMENTST2.1 List of Returnable Documents

T2.2 Returnable Schedules

F.1.3

The Contract

PART C1: AGREEMENTS AND CONTRACT DATAC1.1 Form of Offer and Acceptance

C1.2 Contract Data

C1.3 Construction Guarantee

C1.4 Occupational Health and Safety Agreement

F.1.4 Principal Agent

Name: DFR Engineers

Address: 144 General Beyers Pretoria North.

Tel: 012 546 7574

Fax: 021 914 0371

E-mail: [email protected]

F.1.5 Eligibility

Only those tenderers who are registered on the Treasury Central Supplier Database (CSD) and registered with the CIDB or are capable of being so prior to the evaluation of submissions, in a contractor grading designation equal to or higher than a contractor grading designation determined in accordance with the sum tendered, are eligible to have their tenders evaluated. Joint ventures are eligible to submit tenders provided that:

1. every member of the joint venture is registered with the CIDB and on CSD;

20.


2. the lead partner has a contractor grading designation in the GB General Building class of construction work; and

3. the combined contractor grading designation calculated in accordance with the Construction Industry Development Regulations is equal to or higher than a contractor grading designation determined in accordance with the sum tendered for a 4EB class of construction work.

F.1.6 Clarification Meeting

The arrangements for a compulsory clarification meeting are as stated in the Tender Notice and Invitation to Tender.

Tenderers must sign the attendance list in the name of the tendering entity. ADDENDA WILL BE ISSUED TO AND TENDERS WILL BE RECEIVED ONLY FROM THOSE TENDERING ENTITIES APPEARING ON THE ATTENDANCE REGISTER.

F.1.7 Alternative tender offers

No alternative tender offers will be considered

F.1.8 Number of copies of tender offers to be submitted to the Employer

Parts of each tender offer communicated on paper shall be submitted as an original, plus two (2) copies.

F.1.9 Sealing and Delivery of tender offers

The Employer’s details and address for delivery of tender offers and identification details that are to be shown on each tender offer package are:Location of tender box: Reception Desk Market Theatre

FoundationPhysical address: Market Square 138 Lillian Ngoyi Street, Corner Miriam

Makeba Street, Newtown.

Identification details: MTF 10200/2017Supply and Installation of Generators and Upgrade of Electrical Distribution Boards

Closing Date: 19 Feb 2018 Time: 12h00

F.1.10 Telephonic Telephonic, telegraphic, telex, facsimile or e-mailed tender offers will not be accepted.

F.1.11 Closing time of tender offers

The closing time for submission of tender offers is as stated in the Tender Notice and Invitation to Tender.

F.1.12 Tender offer validity

The tender offer validity period is 30days.

F.1.13 Letter of Intent The tenderer is required to submit with his tender a letter of intent from an approved financial institution undertaking to provide the Construction Guarantee in the format included in Part C1.3 of this procurement document.

F.1.14 CertificatesThe tenderer is required to submit with his tender:

a) A VALID Tax Clearance Certificate issued by the South African Revenue Services. Any bidder who fails to submit a valid Tax Certificate will be disqualified.

21


b) A Certified copy of a valid BBBEE status level verification

certificate, substantiating the bidding entities BBBEE rating. Only certificates issued by verification agencies accredited by the South African Accreditation System (SANAS), or by registered auditors approved by the Independent Regulatory Board of Auditors (IRBA) will be accepted. THE COPY MUST BEAR AN ORIGINAL STAMP. FAILURE TO SUBMIT AS REQUIRED WILL RESULT IN THE BIDDER SCORING 0 POINTS FOR BBBEE

c) Documents and Schedules listed in Part T2.

F.1.15 Opening of tender submissions

Tender will be opened immediately after the closing time for tenders at 12h00 on 09 Feb 2018.

F.1.16 Evaluation of Tender Offers

The procedure for the evaluation of responsive tenders is Method 2 (Price and Preferences) having completed a technical evaluation.The Preference Point System assigns a score to each tenderer based on the tender price and on the tenderer’s B-BBEE status. These scores are combined to determine an overall score for the tender. The tenderer with the highest score will be considered for acceptance.

The following preference point systems are applicable to all bids:- the 80/20 system for requirements with a Rand value of up to R50 000 000 (all applicable taxes included); and

a) The value of this bid is estimated to not exceed R50 000 000 (all applicable taxes included) and therefore the ………80/20……… preference point system shall be applicable;

1.3 Points for this bid shall be awarded for:

(a) Price; and(b) B-BBEE Status Level of Contributor.

1.4 The maximum points for this bid are allocated as follows: POINTSPRICE

B-BBEE STATUS LEVEL OF CONTRIBUTORTotal points for Price and B-BBEE must not exceed 100

Points scored will be rounded off to the nearest 2 decimal places.

The technical assessment is based on the following criteria and each item will be scored from 1 to 5 with the weightings as indicated. (1 being Poor and 5 being excellent)

Responsiveness (weighting 10)

Tenderers will be assessed on the completeness and quality of the information requested in the Returnable Documents and Schedules.

22


Capability (weighting 20)

The qualifications and experience of the key staff identified in the Proposed Project Organisational Chart and recorded in their curricula vitae will be evaluated in the context of the requirements of the proposed project.

Above 10 years – 20 8 to 10 years – 15 6 to 8 years – 10 4 to 6 years – 5 2 to 4 years – 3 Below 2 years - 1

Previous Experience (weighting 30)

The tenderer’s past experience in delivering projects of a similar nature and scale in the timeline specified will be assessed.

Above 10 years – 30 8 to 10 years – 20 6 to 8 years – 15 4 to 6 years – 10 2 to 4 years – 5 Below 2 years - 1

Capacity (weighting 20)

The evaluation of the bidder’s current commitments, available resources, financial standing and overall ability to deliver the project on time, to specification and in a safe manner.

Methodology and SMME Plan (weighting 20)

The bidder’s methodology will be evaluated in the context of the requirements of the proposed project. In addition to the methodology, the bidder is to submit a detailed SMME plan indicating how the SMME requirements will be achieved, as detailed in: Scope of Works.

The tenderer will be required to achieve a minimum score of 75 points in the technical evaluation to be considered further in the evaluation process.

Shortlisted bidders may be requested to attend interviews should there be a need for clarity.

RISK TOLERANCE FRAMEWORK

The MTF has adopted a Risk Tolerance Framework (RTF) which enjoins the MTF to consider its risk exposure to contractors/Service Providers in terms of the number of contracts awarded to a single Contractor/service provider or the total value of contracts awarded to a

23


single contractor/service provider in a particular year.

A risk analysis shall be undertaken on the bidder with the highest number of points obtained, to determine whether the tenderer does not exceed the MTF’s risk framework criteria as stated above, in other words whether it falls within the ambit of the Risk Tolerance Framework as acceptable.

MTF reserves the right to award a contract to a bidder who has exceeded the threshold as stated above.

Unsuccessful bidders will have the opportunity to query the award within 21 working days of the publication of the successful bidder on the CIDB website and the MTF website.

FORMULA FOR SCORING TENDER PRICE

80/20 Preference Points System for acquisition of services, works or goods to Rand value of R50 million:

The following formula will be used to calculate the points for price:Ps =80 [1 – (Pt – P min)] P minWherePs = Points scored for comparative price of tender under considerationPt = Comparative price of tender under considerationPmin = Comparative price of lowest acceptable tender

POINTS AWARDED FOR B-BBEE STATUS LEVEL

The points allocated to a tenderer will be in accordance with the Preferential Procurement Regulations, 2011 published in Government Gazette No. 34350 dated 8 June 2011.

The following table is applicable.

B-BBEE Status LevelOf Contributor

Number of PointsTenders above R1 million

1 102 93 84 55 46 37 28 1Non-Compliant contributor 0

Notes:1. “B-BBEE status level of contributor” means the B-BBEE status

24


received by a measured entity based on its overall performance using the relevant scorecard contained in the Codes of Good Practice on Black Economic Empowerment, issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act (Act No.53 of 2003).

2. A certified copy of a valid BBBEE status level verification certificate, substantiating the bidding entities BBBEE rating. Only certificates issued by verification agencies accredited by the South African Accreditation System (SANAS), or by registered auditors approved by the Independent Regulatory Board of Auditors (IRBA) will be accepted.

3. THE COPY MUST BEAR AN ORIGINAL STAMP. FAILURE TO SUBMIT AS REQUIRED WILL RESULT IN THE BIDDER SCORING 0 POINTS FOR BBBEE.

4. Bidders with annual total revenue of R5 million or less qualify as Exempted and must submit a certificate issued by a registered auditor, accounting officer or an accredited verification agency.

5. The submission of such certificates must comply with the requirements of instructions and guidelines issued by the National Treasury and be in accordance with notices published by the Department of Trade and Industry in the Government Gazette.

6. A trust, consortium or joint venture will qualify for points for their B-BBEE status level as a legal entity, provided that the entity submits their B-BBEE status level certificate.

7. A trust, consortium or joint venture will qualify for points for their B-BBEE status level as an unincorporated entity, provided that the entity submits their consolidated B-BBEE scorecard as if they were a group structure and that such a consolidated B-BBEE scorecard is prepared for every separate tender.

8. A person will not be awarded points for B-BBEE status level if it is indicated in the tender documents that such a tenderer intends sub-contracting more than 25% of the value of the contract to any other enterprise that does not qualify for at least the points that such a tenderer qualifies for.

9. A person awarded a contract will not be permitted to sub-contract more than 25% of the value of the contract to any other enterprise that does not have an equal or higher B-BBEE status level than the person concerned.

TOTAL PREFERENCE POINTS

The total preference points for a tender are calculated with the formula

PP = Ps + Pbee wherePP is the total number of preference points scored by the tenderer

25


Ps is the points scored for the comparative price of the tenderer, andPbee is the number of points awarded to the tenderer based on his certified B-BBEE status level

Tender offers

Tender offers will only be accepted if:

a) the tenderer submits a valid Tax Clearance Certificate issued by the South African Revenue Services or has made arrangements to meet outstanding tax obligations;

b) the tenderer submits a letter of intent from an approved financial institution undertaking to provide the Construction Guarantee in the format included in Part C1.3 of this procurement document;

c) the tenderer is registered with the Construction Industry Development Board in an appropriate contractor grading designation and on the Treasury Central Supplier Database;

d) the tenderer or any of its directors/shareholders is not listed on the Register of Tender Defaulters in terms of the Prevention and Combating of Corrupt Activities Act of 2004 as a person prohibited from doing business with the public sector;

e) the tenderer has not:i) abused the Employer’s Supply Chain Management System;

orii) failed to perform on any previous contract and has been given

a written notice to this effect;

f) the tenderer has completed the Declaration of Interest and there are no conflicts of interest which may impact on the tenderer’s ability to perform the contract in the best interests of the employer or potentially compromise the tender process.

g) the tenderer is registered and in good standing with the compensation fund or with a licensed compensation insurer;

h) the employer is reasonably satisfied that the tenderer has in terms of the Construction Regulations, 2003, issued in terms of the Occupational Health and Safety Act, 1993, the necessary competencies and resources to carry out the work safely.

i) The tendering entity or the directors/partners of the tendering entity are in good standing with the local authority/municipality.

BIDDERS WILL BE DISQUALIFIED FOR: FAILURE TO SUBMIT A VALID TAX CLEARANCE

CERTIFICATE;

26


FAILURE TO COMPLETE AND SIGN THE OFFER PAGE;

FOR FAILURE TO DULY COMPLETE FORM B (WHERE REQUIRED) THAT INCLUDES FOR ANY ADDENDA THAT MAY HAVE BEEN ISSUED WHERE SUCH ADDENDA HAS A MATERIAL EFFECT ON THE PRICING OF THE TENDER.

FAILURE TO BE REGISTERED AND ACTIVE WITH CIDB WITH THE RELEVANT GRADING AND FAILURE TO BE REGISTERED ON THE CSD;

FAILURE TO ATTEND THE COMPULSORY BRIEFING SESSION

F.1.17 Number of Paper Copies

The number of paper copies of the signed contract to be provided by the employer is 1 (one).

27


PART T2: RETURNABLE DOCUMENTS

T2.1 LIST OF RETURNABLE DOCUMENTS

T2.1.1 Returnable Schedules required for tender evaluation purposesThe tenderer must complete the following returnable schedules• Declaration of Interest [Form A]• Record of Addenda to Tender Documents [Form B]• Schedule of Recently Completed Contracts [Form C]• Schedule of Current Contracts [Form D]• Schedule of Construction Plant and Equipment [Form E]• Schedule of Proposed Subcontractors [Form F]• Schedule of Proposed Key Personnel [Form G]• Banking Details [Form H]• Proposed Amendments and Qualifications (if any) [Form I]• Certificate of Authority for Joint Venture (if applicable) [Form J]• MBD9 Certificate of Independent Bid Determination [Form K]• Particulars of any contracts awarded by an organ of state during the last 5 years [Form L]• Estimated Monthly Expenditure [Form M]• Fulfillment of the Construction Regulations [Form N]• Questionnaire on tenderer’s procedures with respect to OHSA and Construction

Regulations [Form O]• Business Declaration form [Form P]

T2.1.2 Returnable Documents required for tender evaluation purposes• Tax Clearance Certificate • Originally Certified B-BBEE status level verification certificate or a certified copy thereof• Certified Copy of current Municipal Account in the name of the Tenderer or alternatively in

the names of the Directors/Partners of the tendering entity• Authority to sign Tender• Proposed Project Organisational Chart• Curricula Vitae of Key Project Personnel• Methodology Statement• Preliminary Construction Programme• Labour and Plant Histograms• Letter of Intent from a Financial Institution to provide a Construction Guarantee in

accordance with the JBCC pro-forma (refer C1.3) • Audited Financial Statements for past 2 years• Joint Venture Agreement (If Applicable)• SMME Plan

T2.1.3 Other Documents that will be incorporated into the contract• Form of Offer and Acceptance• Contract Data• Bills of Quantities• Occupational Health and Safety Agreement (C1.4)

28


Not really necessary. We can drop this requirement

Sedzani, 01/16/18,

what is this? why is it necessary?


To ensure it is not a fly by night company

Sedzani, 01/16/18,

why is this necessary?


CSD is not a returnable schedule. Registration on CSD is a requirement. Added in on pg 17.

Sedzani, 01/16/18,

CSD??


• Agreement in terms of Section 37(2) of the Occupational Health and Safety Act No 85 of

1993 (C1.5)

29


PART T2: RETURNABLE DOCUMENTS

T2.2 RETURNABLE SCHEDULES AND DOCUMENTS

T2.2.1 Returnable Schedules and Documents

Form A: Declaration of Interest

Form B: Record of Addenda to Tender Documents

Form C: Schedule of Recently Completed Documents

Form D: Schedule of Current Contracts

Form E: Schedule of Construction Plant and Equipment

Form F: Schedule of Proposed Subcontractors

Form G: Schedule of Proposed Key Personnel

Form H: Banking Details

Form I: Proposed Amendments and Qualifications (if any)

Form J: Certificate of Authority for Joint Venture (if applicable)

Form K: MBD9 Certificate of Independent Bid Determination

Form L: Particulars of any contracts awarded by an organ of state during the last 5

years

Form M: Estimated Monthly Expenditure

Form N: Fulfillment of the Construction Regulations

Form O: Questionnaire on tenderer’s procedures with respect to OHSA and

Construction Regulations

Form P: Business Declaration form

30


FORM A: DECLARATION OF INTEREST

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, hareholder²): ………………...…….…..

3.4 Company 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 presently in the service of the state? YES / NOIf yes, furnish particulars.….……………………………….……………………………..........

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

....................................................................................................................................................

.........................................................................................................

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

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

If yes, furnish particulars

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

..............................................................................

3.11Are 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

If yes, furnish particulars………………………………………………………………………… .............

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

31

Christine McDonald [2], 22/01/18,

Vickey confirmed that this is accordance with CIDB


Vickey please check

Sedzani, 16/01/18,

Is this in line with NT's SBDs, where are the other ones 6, 8,


3.12 Are any of the company’s directors, trustees, managers, principle shareholders or stakeholders in service of the state? YES / NO

If yes, furnish particulars.………………………………………………............................……

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

3.13 Are any spouse, child or parent of the company’s directors, trustees, managers, principle shareholders or stakeholders in service of the state?

YES / NO

If yes, furnish particulars.…………………………………………………………......………… ...............….

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

3.14 Do you or any of the directors, trustees, managers, principle 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

If yes, furnish particulars……………………………………………………………...........……

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

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

FULL NAME IDENTITY NUMBERSTATE

EMPLOYEE NUMBER

CERTIFICATION

I, THE UNDERSIGNED (FULL NAME) …………………………………………………………………...……………………

CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM IS TRUE AND CORRECT.

32


I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT, ACTION MAY BE TAKEN AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE.

…………………………………………………….. ……………………………………………………Signature Position

……………………………………………………. ………………………………….Name of Bidder Date

* MSCM 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.

** “Stakeholder’ 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.

………………………………….. ……………………………………..........................SIGNATURE DATE(of person authorised to sign on behalf of the Tenderer)

33


FORM B: Record of Addenda to Tender Documents

We confirm that the following communications received from the Employer’s Representative before the submission of this tender offer, amending the tender documents, have been taken into account in this tender offer:

DATE TITLE OR DETAILS

1

2

3

4

5

6

7

8

9

10

………………………………….. ……………………………………..........................Signature Date (of person authorised to sign on behalf of the Tenderer)

34


FORM C: Schedule of Recently Completed ContractsThe Tenderer shall list below the last five building construction contracts of a similar nature completed by the Tenderer. This information is material to the award of the Contract. (In the event of insufficient space, attach supplementary documentation)

EMPLOYER(Name, Tel No and Fax No)

CONSULTING ENGINEER(Name, Tel No and Fax No) NATURE OF WORK VALUE OF

WORKYEAR OF

COMPLETION

…………………………………................. ……………………………………..........................Signature (of person authorised to sign on behalf of the Tenderer) Date

35.


FORM D: Schedule of Current Contracts

The Tenderer shall list below the contracts not yet completed. This information is material to the award of the Contract.

(In the event of insufficient space, attach supplementary documentation)

EMPLOYER(Name, Tel No and Fax No) LOCATION NATURE OF WORK VALUE OF

WORKEXPECTED DATE OF

COMPLETION

………………………………….. ……………………………………..........................Signature Date

(of person authorised to sign on behalf of the Tenderer)

Page | 36

Tender No. MTF 10200 /2017: SUPPLY, INSTALLATION, TESTING &COMMISSIONING OF GENERATORS AT THE MARKET THEATRE FOUNDATION, NEWTOWN, JH

FORM E: Schedule of Construction Plant & Equipment The following are lists of Construction Plant and Equipment that I/We presently own or lease and will have available for this contract if my / our tender is accepted.

(a) Details of Equipment that is owned by me / us and immediately available for this contract.DESCRIPTION QUANTITY YEAR ACQUIRED

Attach additional information in a supplementary document(b) Details of Plant & Equipment that will be hired, or acquired for this contract if my / our tender is

accepted

DESCRIPTION (type, size, capacity etc) QUANTITY

HOW ACQUIREDHIRE/BUY SOURCE

Attach additional information in a supplementary document

………………………………….. ……………………………………..........................Signature Date


Page | 37

Tender No. MTF 10200 /2017: SUPPLY, INSTALLATION, TESTING &

COMMISSIONING OF GENERATORS AT THE MARKET THEATRE FOUNDATION, NEWTOWN, JHB FORM F: Schedule of Proposed Sub-Contractors

I/We hereby notify you that it is my/our intention to employ the following Sub-Contractors for work in this contract.

NAMES AND ADDRESSES OF PROPOSED SUBCONTRACTORS

NATURE AND EXTENT OF WORK TO BE SUBCONTRACTED

PREVIOUS EXPERIENCE WITH SUBCONTRACTOR OR RECENT WORK EXECUTED BY THE SUB-

CONTRACTOR

………………………………….. ……………………………………..........................Signature Date


Page | 38


FORM G: Proposed Key Personnel

The Tenderer shall list below the key personnel whom he proposes to employ on the contract should his offer be accepted, both at his headquarters and on the site, together with their qualifications, experience and positions held.

LOCATION DESIGNATIONNAME AND NATIONALITY

OF PROPOSED CANDIDATE

SUMMARY OF QUALIFICATIONS & EXPERIENCE

HEAD OFFICE

Partner/director

Project manager

Other key staff(give designation)

SITE OFFICE

Site Agent

Site Engineer

Construction Supervisor (Give Designation)Other Key Staff (Give Designation)

OTHER PROPOSED KEY PERSONEL

DESIGNATION NAME KEY QUALIFICATIONS & EXPERIENCE

Page | 39


COMMISSIONING OF GENERATORS AT THE MARKET THEATRE FOUNDATION, NEWTOWN, JHB. OTHER PROPOSED KEY PERSONEL (continue) DESIGNATION NAME KEY QUALIFICATIONS & EXPERIENCE

NOTE: Detailed Curriculum Vitae of proposed candidates are to be separately provided

………………………………….. ……………………………………..........................Signature Date



FORM H: Banking Details

I/We hereby authorise the Employer to approach the following bank for the purposes of obtaining a financial reference:

DESCRIPTION OFBANK DETAIL

BANK DETAILS APPLICABLE TOTENDERER’S HEAD OFFICE

Name of Bank

Branch Name

Branch Code

Street Address

Postal Address

Name of Manager

Telephone Number

Fax Number

Account Number

.................................................................... ...........................................................SIGNATURE DATE(of person authorised to sign on behalf of the Tenderer)


FORM I: Proposed Amendments and Qualifications (if any)

Proposed amendments and qualificationsThe Tenderer should record any deviations or qualifications he may wish to make to the tender documents in this Returnable Schedule. Alternatively, a tenderer may state such deviations and qualifications in a covering letter to his tender and reference such letter in this schedule.

The Tenderer’s attention is drawn to clause F.3.8 of the Standard Conditions of Tender referenced in the Tender Data regarding the employer’s handling of material deviations and qualifications.

PAGE CLAUSE OR ITEM PROPOSAL

.................................................................... ...........................................................

Page | 42


SIGNATURE DATE (of person authorised to sign on behalf of the Tenderer)

Page | 43


FORM J : Certificate of Authority for Joint Venture (if applicable)

This Returnable Schedule is to be completed by joint ventures.

We, the undersigned, are submitting this tender offer in Joint Venture and hereby authorise Mr/Ms .......................................................................................,

authorised signatory of the company ......................................................................................................................, acting in the capacity of lead partner, to sign all

documents in connection with the tender offer and any contract resulting from it on our behalf.

NAME OF FIRM PERCENTAGEPARTICIPATION ADDRESS DULY AUTHORISED SIGNATORY

Lead Partner Signature:

Name:

CIDB registration no: ........................................... Designation:

Partner Signature:

Name:

CIDB registration no: ........................................... Designation:

Partner Signature:

Name:

CIDB registration no: ............................................ Designation:

.................................................................... ...........................................................SIGNATURE DATE


Page | 44


FORM K: MBD9 CERTIFICATE OF INDEPENDENT BID DETERMINATION

I, the undersigned, in submitting the accompanying bid:

TENDER NO: 10200/2017FOR THE SUPPLY, INSTALLATION AND COMMISSIONING OF GENERATORS AT THE MARKET

THEATRE FOUNDATION NEWTWON, JHB,

in response to the invitation for the bid made by:

THE MARKET THEATRE FOUNDATION

do hereby make the following statements that I certify to be true and complete in every respect: I certify, on behalf of: _________________________________________________________that:

(Name of Bidder)

1. I have read and I understand the contents of this Certificate;

2. I understand that the accompanying bid will be disqualified if this Certificate is found not to be true and complete in every respect;

3. I am authorized by the bidder to sign this Certificate, and to submit the accompanying bid, on behalf of the bidder;

4. Each person whose signature appears on the accompanying bid has been authorized by the bidder to determine the terms of, and to sign, the bid, on behalf of the bidder;

5. For the purposes of this Certificate and the accompanying bid, I understand that the word “competitor” shall include any individual or organization, other than the bidder, whether or not affiliated with the bidder, who:

(a) has been requested to submit a bid in response to this bid invitation;

(b) could potentially submit a bid in response to this bid invitation, based on their qualifications, abilities or experience; and

6. The bidder has arrived at the accompanying bid independently from, and without consultation, communication, agreement or arrangement with any competitor. However communication between partners in a joint venture or consortium³ will not be construed as collusive bidding.

7. In particular, without limiting the generality of paragraphs 6 above, there has been no consultation, communication, agreement or arrangement with any competitor regarding:

(a) prices;

(b) geographical area where product or service will be rendered (market allocation)

(c) methods, factors or formulas used to calculate prices; Page | 45


(d) the intention or decision to submit or not to submit, a bid

(e) the submission of a bid which does not meet the specifications and conditions of the bid; or f) bidding with the intention not to win the bid.

9. The terms of the accompanying bid have not been, and will not be, disclosed by the bidder, directly or indirectly, to any competitor, prior to the date and time of the official bid opening or of the awarding of the contract.

10. I am aware that, in addition and without prejudice to any other remedy provided to combat any restrictive practices related to bids and contracts, bids 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

…………………………………………………. …………………………………………..………… Position Name of Bidder

Page | 46


FORM L: Particulars of all Contracts awarded by an Organ of State during the last 5 years (In the event of insufficient space, kindly attach documentation)

EMPLOYER CONSULTING ENGINEER NATURE OF WORK VALUE OFWORK

YEAR OF COMPLETION

Page | 47


COMMISSIONING OF GENERATORS AT THE MARKET THEATRE FOUNDATION, NEWTOWN, JHB. FORM L (Continued)

EMPLOYER CONSULTING ENGINEER NATURE OF WORK VALUE OFWORK

YEAR OF COMPLETION


Organ of State means-a) a national or provincial department:b) a municipality;c) a constitutional institution defined in the Public Finance Management Act, 1999 (Act No. 1 of 1999);d) Parliament;e) a provincial legislature;f) any other institution or category of institutions included in the definition of “organ of state” in section 239 of the Constitution and recognised by the

Minister by notice in the Government Gazette as an institution or category of institutions to which this Act applies;


FORM M: Estimated Monthly Expenditure

The Tenderer shall state below the estimated value of work to be completed every month based on his preliminary programme and his tendered unit rates.

* The amounts for contingencies and Contract Price Adjustment must not be included.

MONTH VALUE *

1

2

3

R .....................................................................................................

R .....................................................................................................

R .....................................................................................................

COMPLETION OF CONTRACT

TOTAL R .....................................................................................................

.................................................................... ...........................................................SIGNATURE DATE

(of person authorised to sign on behalf of the Tenderer

Page | 49


FORM N: Fulfilment of the Construction Regulations, 2003

In terms of regulation 4(3) of the Construction Regulations, 2003 (hereinafter referred to as the Regulations), promulgated on 18 July 2003 in terms of Section 43 of the Occupational Health and Safety Act, 1993 (Act No 85 of 1993) the Employer shall not appoint a contractor to perform construction work unless the Contractor can satisfy the Employer that his/her firm has the necessary competencies and resources to carry out the work safely and has allowed adequately in his/her tender for the due fulfilment of all the applicable requirements of the Act and the Regulations.

1. I confirm that I am fully conversant with the Regulations and that my company has (or will acquire/procure) the necessary competencies and resources to timeously, safely and successfully comply with all of the requirements of the Regulations.

2. Proposed approach to achieve compliance with the Regulations

Own resources, competent in terms of the Regulations (refer to 3 below)Own resources, still to be hired and/or trained (until competency is achieved)Specialist subcontract resources (competent) - specify:....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

3. Provide details of proposed key persons, competent in terms of the Regulations, who will form part of the Contract team as specified in the Regulations (CVs to be attached):

...........................................................................................................................................................................

...........................................................................................................................................................................

...........................................................................................................................

4. Provide details of proposed training (if any) that will be undergone:

...........................................................................................................................................................................

...........................................................................................................................................................................

...........................................................................................................................................................................

.................................................................................................

Page | 50

(Tic

(Tic

YESNO


5. Potential key risks identified and measures for addressing risks:

.........................................................................................................................................................................

.........................................................................................................................................................................

.........................................................................................................................................................................

...............................................................................................

6. I have fully included in my tendered rates and prices (in the appropriate payment items provided in the Schedule of Quantities) for all resources, actions, training and any other costs required for the due fulfilment of the Regulations for the duration of the construction and defects repair period.


Page | 51

YESNO


FORM O: Questionnaire on Tenderer’s Procedures with respect to the Occupational Health and Safety Act (OHSACT) and Construction Regulations.

1. Name of the employee to be appointed as Construction Supervisor [Construction Regulation 6 (1)]..........................................................................................................................................

2. Names of the competent employees to assist the Construction Supervisor [Construction Regulation 6 (2)]........................................................................................................................

3. Name of the person to be appointed to conduct base line and ongoing risk assessments [Construction Regulation 7 (1)]...................................................................................................

4. Name of competent person to be appointed as occupational health and safety officer [Construction Regulation 6 (6)]..................................................................................................

5. Will the employees to be appointed on the project be in possession of proof of health and safety induction training that will address the project specific risks and exposures [Construction Regulation 7 (9) (a)]? Yes / No.

If no, what are the tenderer’s proposals for such training? .......................................................................

..................................................................................................................................................................

6. Are the tenderer’s tools, plant and equipment tested and inspected regularly i.e. daily for vehicles and equipment and at least weekly for other tools and hand tools in terms of safety compliance? Yes/No

If no, what are the tenderer’s proposals for such testing? ........................................................................

..................................................................................................................................................................

7. Will a dedicated supervisor be designated to manage the process to test and inspect all tools, plant and equipment? Yes/No

If no, what are the tenderer’s proposals for such designation? ...................................................................................................................................................................................................................

..................................................................................................................................................................

8. What other measures will the tenderer take to comply with the OHSACT and the Construction Regulations? Yes/No

If no, what are the tenderer’s proposals to comply with this requirement? .................................................................................................................................................................................................

..................................................................................................................................................................

9. Is the tenderer registered and in good standing with the Compensation Commissioner or duly approved compensation insurer? Yes/No

.................................................................... ...........................................................SIGNATURE DATE

Page | 52



FORM P: Business Declaration

Tender/RFP Number : ……………………….………………………………..............................

Tender/RFP Description : …………………………………………….......................………………

Name of Company : …………………..................……………………………………………..

Postal Address : ………………...............…..….…………………………………………..

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

Physical Address : ……………………………………………...............……………............

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

Telephone : ……………………………...............……………………………............

Fax : ……………………………...............……………………………............

Contact Person : ……………………………...............…………………………….............

Cell Phone Number : .............................................................................................................

E-Mail Address : .............................................................................................................

Company/enterprise Income

Tax Reference Number ** : …………………...............……………………………...........................

(Insert personal income tax number if a one person business and personal income tax numbers of all partners if

a partnership)

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

Company Registration Number : …………………………...................…………………………………...

1. Type of Firm

Partnership

One person business/sole trader

Close corporation

Public company

Private company

(Tick One Box)

2. Principal Business Activities

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

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

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

3. Total number of years firm has been in business: …………..........…..………………..........……

4. Detail all trade associations/professional bodies in which you have membership.…………………………………………...………………………………………………………….......

Page | 53


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

5. Did the firm exist under a previous name? Yes No

(Tick one box)

If yes, what was its previous name? ……………………..………..........………………………….

6. How many permanent staff members are employed by the firm?

Full Time: ……………………..

Part Time: …………………….

7. What is the enterprise’s latest annual turnover (excl. VAT): R…………….....................………..

8. List the personnel or firms who provide the following services:

SERVICE NAME CONTACT PERSON TELEPHONE

ACCOUNTING

LEGAL

AUDITING

BANKING

INSURANCE

BANK DETAILS I/We hereby request and authorize you to pay any amounts which may accrue to me/us to the credit of my/our account with the mentioned bank. I/We understand that the credit transfers hereby authorized will be processed by computer through a system known as the “ACB Electronic Fund Transfer Service” and

I/We also understand that no additional advice of payment will be provided by my/our bank, but details of each payment will be printed on my/our bank statement or any accompanying voucher. This authority may be cancelled by me/us giving 30 days’ notice in writing. BANK: ………………………………………………………………...........................................………… BRANCH: ………………………………………………………….........................................………….. BRANCH CODE: …………………………………………….........................................……………….

Page | 54


ACCOUNT NUMBER: …..………………………………............................................………………… ACCOUNT HOLDER: …………………………………........................................…………………….

TYPE OF ACCOUNT: …………………………………........................................…………………….

PLEASE INCLUDE ORIGINAL SIGNED AND STAMPED LETTER FROM THE BANK CONFIRMING THE COMPANY’S BANKING DETAILS, PHOTOSTAT COPIES AND LETTERS BEARING ELECTRONIC SIGNATURES WILL NOT BE ACCEPTABLE.

The undersigned, who warrants that he/she is duly authorised to do so on behalf of the company, affirms that the information furnished in response to this request for proposal is true and correct:

SIGNATURE : ………………………………………………………………………...…

NAME IN FULL : ……………………………………………………………………..…….

CAPACITY : ……………………………………………………………..………….…

DULY AUTHORIZED TO SIGN ON BEHALF OF: …………………………………………...

DATE : …………………………………………………………………...……

Page | 55


PART C1: AGREEMENT AND CONTRACT DATA

C1.1 Form of Offer and Acceptance

Offer

The Employer, identified in the Acceptance signature block, has solicited offers to enter into a contractIn respect of the following works: MTF 10200/2017 SUPPPLY AND INSTALLATION OF GENERATORS AND UPGRADE OD ELECTRICAL DISTRIBUTION BOARDS FOR THE MARKET THEATRE FOUNDATION, NEWTOWN. The tenderer, identified in the Offer signature block below, has examined the documents listed in the Tender Data and addenda thereto as listed in the Tender Schedules, and by submitting this Offer has accepted the Conditions of Tender.By the representative of the Tenderer, deemed to be duly authorised, signing this part of this Form of Offer and Acceptance, the Tenderer offers to perform all of the obligations and liabilities of the Contractor under the Contract including compliance with all its terms and conditions according to their true intent and meaning for an amount to be determined in accordance with the Conditions of Contract identified in the Contract Data.

THE OFFERED TOTAL OF THE PRICES INCLUSIVE OF VALUE ADDED TAX IS:

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

……………………………….Rand (in words); ………………..................................... (in figures)

This Offer may be accepted by the Employer by signing the Acceptance part of this Form of Offer and Acceptance and returning one copy of this document including the Schedule of Deviations (if any) to the Tenderer before the end of the period of validity stated in the Tender Data, or other period as agreed, whereupon the Tenderer becomes the party named as the Contractor in the conditions of contract identified in the Contract Data.

TENDERER: WITNESS:

____________________________________ ______________________________________Signature Signature

____________________________________ _______________________________________Name Name

____________________________________ _______________________________________Capacity Capacity

____________________________________ _______________________________________Date Date

Name and address of organisation:____________________________________

____________________________________

____________________________________

Page | 56


____________________________________

Acceptance

By signing this part of this Form of Offer and Acceptance, the Employer identified below accepts the Tenderer’s Offer. In consideration thereof, the Employer shall pay the Contractor the amount due in accordance with the Conditions of Contract identified in the Contract Data. Acceptance of the Tenderer’s Offer shall form an agreement between the Employer and the Tenderer upon the terms and conditions contained in this agreement and in the Contract that is the subject of this agreement.

The terms of the contract, are contained in: Part C1 Agreements and Contract Data, (which includes this Agreement)Part C2 Pricing DataPart C3 Scope of WorkPart C4 Site Information

and drawings and documents (or parts thereof), which may be incorporated by reference into the above listed Parts 1 to 4 above.

Deviations from and amendments to the documents listed in the Tender Data and any addenda thereto listed in the Returnable Schedules as well as any changes to the terms of the Offer agreed by the Tenderer and the Employer during this process of offer and acceptance, are contained in the Schedule of Deviations attached to and forming part of this Agreement. No amendments to or deviations from said documents are valid unless contained in this Schedule, which must be duly signed by the authorised representative(s) of both parties.

The Tenderer shall within two weeks of receiving a completed copy of this Agreement, including the Schedule of Deviations (if any), contact the Employer’s agent (whose details are given in the Contract Data) to arrange the delivery of any securities, bonds, guarantees, proof of insurance and any other documentation to be provided in terms of the Conditions of Contract identified in the Contract Data at, or just after, the date this Agreement comes into effect. Failure to fulfil any of these obligations in accordance with those terms shall constitute a repudiation of this Agreement.

Notwithstanding anything contained herein, this agreement comes into effect on the date when the tenderer receives one fully completed copy of this document, including the Schedule of Deviations (if any). Unless the Tenderer (now Contractor) within five working days of the date of such receipt notifies the Employer in writing of any reason why he cannot accept the contents of this Agreement, this Agreement shall constitute a binding contract between the Parties.

EMPLOYER: WITNESS:____________________________________ _______________________________________Signature Signature

____________________________________ _______________________________________Name Name


Page | 57


____________________________________ _______________________________________Date Date

Name and address of organisation:

THE MARKET THEATRE FOUNDATIONMARKET SQUARE, 138 LILLIAN NGOYI STREET, CORNER MIRIAM MAKEBA STREETNEWTOWN, JOHANNESBURG, 2001.

Schedule of Deviations

Notes:1. The extent of deviations from the tender documents issued by the Employer prior to the

tender closing date is limited to those permitted in terms of the Conditions of Tender ,

2. A Tenderer’s covering letter shall not be included in the final contract document. Should any matter in such letter which constitutes a deviation as aforesaid become the subject of agreements reached during the process of offer and acceptance the outcome of such agreement shall be recorded here,

3. Any other matter arising from the process of offer and acceptance either as a confirmation, clarification or change to the tender documents and which it is agreed by the Parties becomes an obligation of the contract shall also be recorded here,

4. Any change or addition to the tender documents arising from the above agreements and recorded here, shall also be incorporated into the final draft of contract,

1.Subject ..........................................................................................................................................................

Details ..........................................................................................................................................................

..........................................................................................................................................................

..........................................................................................................................................................

..........................................................................................................................................................

2 Subject ..........................................................................................................................................................

Details ..........................................................................................................................................................

......................................................................................................................................................... .

......................................................................................................................................................... .

..........................................................................................................................................................

3 Subject ..........................................................................................................................................................

Details ..........................................................................................................................................................

..........................................................................................................................................................

..........................................................................................................................................................

..........................................................................................................................................................

4 Subject ..........................................................................................................................................................

Details ..........................................................................................................................................................Page | 58

Tender No. MTF 10200 /2017: SUPPLY, INSTALLATION, TESTING &COMMISSIONING OF GENERATORS AT THE MARKET THEATRE FOUNDATION, NEWTOWN, JHB ..........................................................................................................................................................

..........................................................................................................................................................

..........................................................................................................................................................

5 Subject ..........................................................................................................................................................

Details ..........................................................................................................................................................

..........................................................................................................................................................

..........................................................................................................................................................

Page | 59


By the duly authorised representatives signing this Schedule of Deviations, the Employer and the Tenderer agree to and accept the foregoing Schedule of Deviations as the only deviations from and amendments to the documents listed in the Tender Data and addenda thereto as listed in the Tender Schedules, as well as any confirmation, clarification or changes to the terms of the offer agreed by the Tenderer and the Employer during this process of offer and acceptance.

It is expressly agreed that no other matter whether in writing, oral communication or implied during the period between the issue of the tender documents and the receipt by the Tenderer of a completed signed copy of this Agreement shall have any meaning or effect in the contract between the parties arising from this agreement.

TENDERER: EMPLOYER:

____________________________________ _______________________________________Signature Signature

____________________________________ _______________________________________Name Name


Name and address of organisation: Name and address of organisation:

________________________________ ___________________________________

________________________________ ___________________________________

________________________________ ___________________________________

________________________________ ___________________________________

WITNESS: WITNESS:

________________________________ ___________________________________Signature Signature

____________________________________ _______________________________________Name Name

____________________________________ _______________________________________Date Date

Page | 60


CONFIRMATION OF RECEIPT

The Tenderer, (now Contractor), identified in the Offer part of this Agreement hereby confirms receipt from the Employer, identified in the Acceptance part of this Agreement, of one fully completed original copy of this Agreement, including the Schedule of Deviations (if any) today:

the _______________(day) of_________________________________(month)___________(year)

at_________________________________(place)

CONTRACTOR: WITNESS:

___________________________________ ________________________________Signature Signature

____________________________________ _______________________________________Name Name


____________________________________ _______________________________________Date Date

Page | 61


C.1.2 CONTRACT DATA

PART 1: DATA PROVIDED BY THE EMPLOYER

CONDITIONS OF CONTRACT

The Conditions of Contract are the JBCC Series 2000 Principal Building Agreement (July 2007, Edition 5.0-reprint 1), published by the Joint Building Contracts Committee. Copies of these documents may be obtained from the from the Association of South African Quantity Surveyors (011-3154140), the Master Builders Association (011-205-9000) the South African Association of Consulting Engineers (011-4632022) or the South African Institute of Architects (011-4860684).

Each item of data given below is cross-referenced to the clause in the Conditions of Contract to which it mainly applies.

Clause Data

1.1[1.2]

The Employer is.

Name: MARKET THEATRE FOUNDATION

The address of the Employer is:

The Market Theatre FoundationMarket Square138 Lillian Ngoyi (previously Bree) Street, corner Miriam Makeba StreetNewtownJohannesburg2001

1.2[5.1]

The Principal Agent is:

Name : DFR ENGINEERS

Address (phys) : 144 General Beyers, Pretoria North, PretoriaTelephone : 012 546 7574 Facsimile : 086 272 8432e-mail : [email protected]

1.3[5.5]

The interest of the principal agent or other agents in the project: None

1.10 The Principal Agent named in 1.2 above is responsible for the preparation of the contract data schedule and must be contacted should the tenderer be uncertain of the information provided or to be provided. Failure to complete the contract data schedule in full may result in the tender being disqualified

1.4[1.7]

The law applicable to this agreement: South Africa

Page | 62


1.5[1.1]

The works comprise of the additions and alterations to the existing Market Theatre and Market Square Buildings.

1.6[1.1]

The site is The Market Square and Market Theatre, situated in Newtown, Johannesburg.

1.7[15.2.1]

Possession of the site is to be given on the 01thApril 2018

1.8[15.3]

The period for the commencement of the works after the contractor takes possession of the site is 60 working days

1.9[15.4, 28.0]

Completion of the works in sections is required: YES

1.10[3.331.16.2]

Waiver of the contractor’s lien or right on continuing possession is required: YES

1.11[16.1]

Defined restrictions to the site area: The site is within a bigger precinct with existing users. The Market Theatre, Market Square and Windybrow centre must also remain in operation.

1.12[16.6]

Existing premises will be occupied: Yes

1.13[16.8]

Protection of existing trees and shrubs is required: N/A

1.14[10.1.112.6]

Contract works insurance is to be effected by the Contractor. For the sum of not less than 120% of the contract sum

1.15[10.1.211.1-312.6]

Supplementary insurance: N/A

1.15[10.1.312.6]

Public liability insurance is to be effected by the Contractor for the sum of R5 million.

1.16[11.1.1]

Support insurance is to be effected by the Contractor for the sum of not less than R5 million.

1.17[11.1.2-3, 12.1]

Special insurance is to be effected by:N/A

Page | 63


1.18[24.3.130.1-3]

For the works as a whole:The date for practical completion is 30th June 2018

The penalty per calendar day is R5 000.00

1.19[3.7]

Construction documents copies to be supplied to the contractor free of charge:One copy of drawings, unpriced bills of quantities and contract documents.

1.20[3.9]

The priced document may be used as a specification of materials and goods and work methods: NO

1.21[3.10]

The contractor shall provide a schedule of rates: NO (The completed Bill of Provisional Quantities must be supplied)

1.22[3.11]

Changes made to JBCC standard document: ………………..YESRefer to Preliminaries of the BOQ

1.23[15.1.1]

On acceptance of the tender the priced document is to be submitted within: Fully priced BOQ to be submitted with tender

1.24[22.2]

Work to be undertaken by direct contractors: None anticipated at present but the Employer has the right to employ direct contractors at a later date.

1.25[24.9]

On achievement of practical completion, the contractor is to hand over all required manuals etc. related to the works which must include but not limited to: Electrical, Fire Fighting, Waterproofing, etc.

1.26[31.1]

The interim payment certificate: 25th of every month

1.27[40.3.4]

The dissatisfied party is to refer the dispute to arbitration.

1.28[40.4.2]

The arbitration rules as set out in the Rules for the Conduct of Arbitrations Fifth Edition 2005 published by the Associations of Arbitrators (Southern Africa)

1.29 The variations to the Standard JBCC Document are:

Replace the following definitions in DEFINITIONS AND INTERPRETATIONS with the following wording:

AGREEMENT means the agreement arising from the signing of the Form of Offer and Acceptance by the parties.CONTRACT SUM means the total of prices in the Form of Offer and Acceptance.

1.30 Replace clause 3.2 with the following:

3.2 The contractor shall provide:3.2.1 A construction guarantee where so required in the contract data.

1.31 Replace 14.1 with the following:

14.1 The Contractor shall provide the type of construction guarantee stated in the contract data.

Page | 64


1.32 Replace the word “priced document” in 19.1 and 19.2 with” agreement”

1.33 Replace 40.2 with the following:

40.2 Where such disagreement is not resolved within ten (10) working days of receipt of such notice it shall be deemed to be a dispute and shall be referred by the party which gave such notice to adjudication, where the adjudication will be conducted in terms of the edition of the JBCC Rules for Adjudication current at the time when the dispute was declared.

Replace “arbitration” at the end of 40.3.4 with ”either arbitration where the arbitrator is to be appointed by the body whose rules shall apply or court proceedings as stated in the contract data

1.34 Refer to Preliminaries in the Bill of Quantities for any additional amendments to the Standard JBCC Document.

Page | 65



C1.3 Construction Guarantee

GUARANTOR DETAILS AND DEFINITIONS

Guarantor means ____________________________________________________________________

Physical address ____________________________________________________________________

Guarantor’s signatory 1 ___________________________________ Capacity _________________________

Guarantor’s signatory 2 ___________________________________ Capacity _________________________

Employer means ____________________________________________________________________

Contractor means ____________________________________________________________________

Principal Agent means ____________________________________________________________________

Works means ____________________________________________________________________

Site means ____________________________________________________________________

Agreement means The JBCC Series 2000 Principal Building Agreement

Contract Sum means The accepted amount inclusive of tax of

Amount in words ____________________________________________________________________

Guaranteed Sum means The maximum aggregate amount of

Amount in words ____________________________________________________________________

Construction Guarantee (Insert Variable or Fixed) (Insert expiry date) ____________________________________________________________________

AGREEMENT DETAILS

Sections: Total sections (No or n/a) Last section (No / Identification or n/a)

Principal Agent issues: Interim payment certificates, Final payment certificate, Practical completion certificate/s and Final completion certificate/s _________________________________________

Page | 66


1. VARIABLE CONSTRUCTION GUARANTEE

1.1 Where a variable Construction Guarantee in terms of the Agreement has been selected this 1.0 with 3.0 to 13.0 shall apply. The Guarantor’s liability shall be limited to the diminishing amounts of the Guaranteed Sum as follows:

GUARANTOR’S LIABILITY PERIOD OF LIABILITY

1.1.1 Maximum Guaranteed Sum (not exceeding 10% of the contract sum) in the amount of:

From and including the date of issue of this Construction Guarantee and up to and including the date of the interim payment certificate certifying in excess of 50% of the contract sum

Amount in words: ______________________________________________________________________

1.1.2 Reducing to the Guaranteed Sum (not exceeding 5% of the contract sum) in the amount of:

From and including the day after the date of the aforesaid interim payment certificate and up to and including the date of the only practical completion certificate or last practical completion certificate where there are sections

Amounts in words: _____________________________________________________________________

1.1.3 Reducing to the Guaranteed Sum (not exceeding 4.0% of the contract sum) in the amount of:

From and including the day after the date of the applicable practical completion certificate and up to and including the date of the only final completion certificate or last final completion certificate where there are sections

Amounts in words: _____________________________________________________________________

1.1.4 Reducing to the Guaranteed Sum (not exceeding 2.0% of the contract sum) in the amount of:

From and including the day after the date of the applicable final completion certificate and up to and including the date of the final payment certificate where payment is due to the Contractor, whereupon this Construction Guarantee shall expire. Where the final payment certificate reflects payment due to the Employer, this Construction Guarantee shall expire upon payment of the full amount certified

Amounts in words: _____________________________________________________________________

1.2 For avoidance of doubt the Guarantor’s liability limits set out in 1.1.1 to 1.1.4 shall apply in respect of any claim received by the Guarantor during the period in question

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2. FIXED CONSTRUCTION GUARANTEE

2.1 Where a fixed Construction Guarantee in terms of the Agreement has been selected this 2.0 with 3.0 to 13.0 shall apply. The Guarantor’s liability shall be limited to the amount of the Guaranteed Sum as follows:

GUARANTOR’S LIABILITY PERIOD OF LIABILITYMaximum Guaranteed Sum (not exceeding 5.0% of the contract sum) in the amount of:

From and including the date of issue of this Construction Guarantee and up to and including the date of the only practical completion certificate or the last practical completion certificate where there are sections, upon which this Construction Guarantee shall expire

Amounts in words: _____________________________________________________________________

3. The Guarantor hereby acknowledges that:

3.1 Any reference in this Guarantee to the Agreement is made for the purpose of convenience and shall not be construed as any intention whatsoever to create an accessory obligation or any intention whatsoever to create a suretyship

3.2 Its obligation under this Guarantee is restricted to the payment of money

4. Subject to the Guarantor’s maximum liability referred to in 1.0 or 2.0, the Guarantor hereby undertakes to pay the Employer the sum certified upon receipt of the documents identified in 4.1 to 4.3:

4.1 A copy of a first written demand issued by the Employer to the Contractor stating that payment of a sum certified by the Principal Agent in an interim or final payment certificate has not been made in terms of the Agreement and failing such payment within seven (7) calendar days, the Employer intends to call upon the Guarantor to make payment in terms of 4.2

4.2 A first written demand issued by the Employer to the Guarantor at the Guarantor’s physical address with a copy to the Contractor stating that a period of seven (7) calendar days has elapsed since the first written demand in terms of 4.1 and that the sum certified has still not been paid therefore the Employer calls up this Construction Guarantee and demands payment of the sum certified from the Guarantor

4.3 A copy of the said payment certificate which entitles the Employer to receive payment in terms of the Agreement of the sum certified in 4.0

5. Subject to the Guarantor’s maximum liability referred to in 1.0 or 2.0, the Guarantor undertakes to pay the Employer the Guaranteed Sum or the full outstanding balance upon receipt of a first written demand from the Employer to the Guarantor at the Guarantor’s physical address calling up this Construction Guarantee stating that:

5.1 The Agreement has been cancelled due to the Contractor’s default and that the Construction Guarantee is called up in terms of 5.0. The demand shall enclose a copy of the notice of cancellation; or

5.2 A provisional sequestration or liquidation court order has been granted against the Contractor and that the Construction Guarantee is called up in terms of 5.0. The demand shall enclose a copy of the court order

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6. It is recorded that the aggregate amount of payments required to be made by the Guarantor in terms of 4.0 and 5.0 shall not exceed the Guarantor’s maximum liability in terms of 1.0 or 2.0

7. Where the Guarantor is a registered insurer and has made payment in terms of 5.0, the Employer shall upon the date of issue of the final payment certificate submit an expense account to the Guarantor showing how all monies received in terms of the Construction Guarantee have been expended and shall refund to the Guarantor any resulting surplus. All monies refunded to the Guarantor in terms of this Construction Guarantee shall bear interest at the prime overdraft rate of the Employer’s bank compounded monthly and calculated from the date payment was made by the Guarantor to the Employer until the date of refund

8. Payment by the Guarantor in terms of 4.0 or 5.0 shall be made within seven (7) calendar days upon receipt of the first written demand to the Guarantor

9. The Employer shall have the absolute right to arrange his affairs with the Contractor in any manner which the Employer deems fit and the Guarantor shall not have the right to claim his release from this Construction Guarantee on account of any conduct alleged to the prejudicial to the Guarantor

10. The Guarantor chooses the physical address as stated above for all purposes in connection herewith

11. This Construction Guarantee is neither negotiable nor transferable and shall expire in terms of either 1.1.4 or 2.1, or payment in full of the Guaranteed Sum or on the Guarantee expiry date, whichever is the earlier, where after no claims will be considered by the Guarantor. The original of this Construction Guarantee shall be returned to the Guarantor after it has expired

12. This Construction Guarantee, with the required demand notices in terms of 4.0 or 5.0, shall be regarded as a liquid document for the purpose of obtaining a court order

13. Where this Construction Guarantee is issued in the Republic of South Africa the Guarantor hereby consents in terms of Section 45 of the Magistrate’s Courts Act No 32 of 1944, as amended, to the jurisdiction of the Magistrate’s Court of any district having jurisdiction in terms of Section 28 of the said Act, notwithstanding that the amount of the claim may exceed the jurisdiction of the Magistrate’s Court.

Signed at Date __________________________________

Guarantor’s Guarantor’sSignatory 1 Signatory 2 __________________________________

Witness Witness __________________________________

Guarantor’s seal or stamp

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C1.4 Occupational Health and Safety Agreement

THIS AGREEMENT between THE MARKET THEATRE FOUNDATION(MTF) (hereinafter called “the Employer”) on the one part, herein represented by: ……………………………………………………….in his/her capacity as………………………………........................................................................................and…………………………………………………………………………………………………………………

(hereinafter called “the Contractor”) of the other part herein represented by ..........................................

……………………………………………………………in his/her capacity as ………....

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

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

WHEREAS the Employer is desirous that certain works be constructed, being contract MTF 10200/2017 SUPPLY AND INSATALLATION OF GENEREATORS AND ELECTRICAL DISTRIBUTION BOARDS UPGRADE and has accepted a tender by the Contractor for the construction, completion and maintenance of such works and whereas the Employer and the Contractor have agreed to certain arrangements and procedures to be followed in order to ensure compliance by the Contractor with the provisions of the Occupational Health and Safety Act 1993 (Act 85 of 1993).

NOW THEREFORE THIS AGREEMENT WITNESSETH AS FOLLOWS:

1. The Contractor shall execute the work in accordance with the contract documents pertaining to this contract.

2. This Agreement shall hold good for the duration of construction, commencing from the handover of the site up to the end of the defects liability period.

3. Should the contract be terminated for any reason, this agreement shall lapse upon the date of termination.

4. The Contractor declares himself to be conversant with the following:

(a) All the requirements, regulations and standards of the Occupational Health and Safety Act (Act 85 of 1993), hereinafter referred to as “the Act”, together with its amendments thereto.

(b) All the requirements of the Construction Regulations hereinafter referred to as the “Regulations”, together with any amendments thereto.

(c) The Health and Safety Specification of the Employer as pertaining to the Contractor and to all his subcontractors.

5. In addition to the requirements of the contract, the Contractor agrees to execute all the works forming part of this contract and to operate and utilise all machinery, plant and equipment in accordance with the Act and the Regulations.

6. The Contractor is responsible for the compliance with the Act and the Regulations by all his subcontractors, whether or not selected or nominated and/or approved by the Employer.

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7. The Contractor warrants that all his and his subcontractors’ workmen are covered in terms of the Compensation for Occupational Injuries and Diseases Act 1993 which cover shall remain in force whilst any such workmen are present on site. A letter of good standing from the Compensation Commissioner to this effect must be produced to the Employer upon signature of the agreement.

8. The Contractor undertakes to ensure that he and/or his subcontractors and/or their respective employees will at all times comply with the following conditions:

(a) The Contractor undertakes to comply with all provisions of the Act and its Regulations.

(b) The Contractor will be obliged to report to the Employer on a regular basis regarding compliance by the Contractor with the Act and its Regulations.

(c) All incidents referred to in the Occupational Health and Safety Act shall be reported by the Contractor to the Department of Labour as well as to the Employer. The Employer will further be provided with copies of all written documentation relating to any incident.

(d) The Employer hereby records an interest in the issue of any formal enquiry conducted in terms of Section 32 of the Occupational Health and Safety Act into any incident involving the Contractor and/or his employees and/or his subcontractors.

In witness thereof the parties hereto have set their signatures hereon in the presence of the subscribing witnesses:

_____________________________________________________________________________for and on behalf of the Contractor who warrants to be duly authorised to do so

Name: ___________________________________

Designation: ___________________________________

As witnesses:1. ___________________________________

_____________________________________________________________________________for and on behalf of the Employer who warrants to be duly authorised to do so

Name: ___________________________________

Designation: ___________________________________

As witnesses:1. ___________________________________

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C1.5 AGREEMENT IN TERMS OF SECTION 37(2) OF THE OCCUPATIONAL HEALTH AND SAFETY ACT NO. 85 OF 1993

THIS AGREEMENT is made between the MARKET THEATRE FOUNDATION represented by the ......................................................................................(hereinafter called the EMPLOYER of the one part, herein represented by: ....................................................................................................................

in his/her capacity as: ..............................................................................................................................

and: .........................................................................................................................................................

(hereinafter called the CONTRACTOR) of the other part, herein represented by................................ .................................................................................................................................................................

in his/her capacity as: .............................................................................................................................

duly authorised to sign on behalf of the Contractor.

WHEREAS the CONTRACTOR is the Mandatory of the EMPLOYER in consequence of an agreement between the CONTRACTOR and the EMPLOYER in respect of

CONTRACT No: MTF 10200/2017 SUPPLY AND INSTALLATION OF GENERATORS AND UPGRADE OF ELECTRICAL DISTRIDUTION BOARDS.

AND WHEREAS the EMPLOYER and the CONTRACTOR have agreed to enter into an agreement in terms of the provisions of Section 37(2) of the Occupational Health and Safety Act No 85 of 1993, as amended by OHSA Amendment Act No 181/1993 (hereinafter referred to as the ACT);

NOW THEREFORE the parties agree as follows:

1. The CONTRACTOR undertakes to acquaint the appropriate officials and employees of the CONTRACTOR with all relevant provisions of the ACT and the regulations promulgated in terms thereof.

2. The CONTRACTOR undertakes to fully comply with all relevant duties, obligations and prohibitions imposed in terms of the ACT and Regulations: Provided that should the EMPLOYER have prescribed certain arrangements and procedures that same shall be observed and adhered to by the CONTRACTOR, his officials and employees. The CONTRACTOR shall bear the onus of acquainting himself/herself/itself with such arrangements and procedures.

3. The CONTRACTOR hereby accepts sole liability for such due compliance with the relevant duties, obligations, prohibitions, arrangements and procedures, if any, imposed by the ACT and Regulations, and the CONTRACTOR expressly absolves the EMPLOYER and the Employer’s CONSULTING ENGINEERS from being obliged to comply with any of the aforesaid duties, obligations, prohibitions, arrangements and procedures in respect of the work included in the contract.

4. The CONTRACTOR agrees that any duly authorised officials of the EMPLOYER shall be entitled, although not obliged, to take such steps as may be necessary to ensure that the CONTRACTOR has complied with his undertakings as more fully set out in paragraphs 1 and 2 above, which steps may include, but shall not be limited to, the right to inspect any appropriate site or premises occupied by

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the CONTRACTOR, or to take such steps it may deem necessary to remedy the default of the CONTRACTOR at the cost of the CONTRACTOR.

5. The CONTRACTOR shall be obliged to report forthwith to the EMPLOYER any investigation, complaint or criminal charge which may arise as a consequence of the provisions of the ACT and Regulations, pursuant to work performed in terms of this agreement, and shall, on written demand, provide full details in writing of such investigation, complaint or criminal charge.

Thus signed at ..………..……….....……………………....…….. for and on behalf of the CONTRACTOR

on this the ……………… day of ……......………..……… 20………

SIGNATURE: __________________________________________

NAME AND SURNAME: _________________________________

CAPACITY: ____________________________________________

WITNESS: _____________________________________________

Thus signed at ……………………………………………. for and on behalf of the EMPLOYER on this

the …………………………... day of ……………..……… 20………

SIGNATURE: __________________________________________

NAME AND SURNAME: _________________________________

CAPACITY: ____________________________________________

WITNESS: _____________________________________________

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SECTION D. SPECIFICATION FOR ELECTRICAL WORK

1. GENERAL INFORMATION

The tenderer’s attention is drawn to the fact that if the schedules of this specification are not completed his tender cannot be adjudicated and may be disqualified. This applies also to the Bill of Quantities where the unused items are not priced. Items used on the project must be priced and no cost plus items will not be accepted.

2. DRAWINGS

This specification and drawings generally show the character and extent of the generator installation work, and shall not be held as showing every minute detail of the work to be executed.

3. MAKING GOOD

The successful tenderer will be responsible for making good in all trades of any damage to buildings or other services which he or his employees may have incurred during the construction of the works.

The Contractor will be responsible for keeping the site clean and tidy and shall remove from the site all rubble and letter resulting from the construction work.

4. ELECTRICAL EQUIPMENT

All fittings, material and equipment and component parts thereof are to be in accordance with the attached quality specification and must have the approval of the Client. In addition, all equipment shall be designed, manufactured and tested in accordance with the relevant South African National Standards Specification or otherwise the relevant British Standard Specification.

All material and equipment must be suitable for the supply voltage namely 400/230 volt 3PH–4 wire and the necessary pre-cautions shall be taken against corrosion, i.e. exposed metal shall be anti-rust treated to approval and all metalwork to be galvanized or painted.

5. WORK SEQUENCE AND MAINTENANCE OF ELECTRICAL SUPPLY

The sequence in which the work must be carried out must be established in consultation with the client’s Representative (Consultant).

All interruptions of the electrical supply that may be necessary for the execution of the work will be subject to prior arrangements between the Contractor, the Client, and the Client’s Representative.

6. SUPERVISION

The work shall at all times, for the duration of the contract, be carried out under the supervision of a skilled and competent representative of the Contractor, who will be able and authorized to receive and carry out instruction on behalf of the Contractor. A sufficient number of workmen shall be employed at all times to ensure satisfactory progress of the work.

7. CERTIFICATE OF COMPLIANCE

A Certificate of Compliance in accordance with the latest issue of the S.A.N.S. 10142, Code of Practice for the Wiring of Premises, shall be completed by the Contractor on completion of the installation. Practical completion will only be taken after the client has received the certificate.

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8. BALANCING OF LOAD

The Electrical Contractor is required to balance the load as equally as possible over the multiphase system.

9. SUPPLY AND CONNECTION The Market Square building (Site- A) is supplied from City Power’s transformer installed on the site boundary. From the transformer a 4 x 120mm 4 four core PVCA cables are installed to the Main distribution board.

Whilst the Market Theatre building (Site-B) is supplied from the Museum Africa LV Board.From the transformer a 185mm 4 four core PVCA cables are installed to the Main distribution board.

10. EXTENT OF WORK

The work to be carried out under this contract includes the supply, delivery, installation, connecting, testing and commissioning of generators at the Market Theatre Foundation.

The scope of work includes but not limited to: Supply and installation of 1x300 kVA generator, in soundproof and waterproof canopy. Supply and installation of 1x 650 kVA generator, in soundproof and waterproof canopy. Removal of the two existing 100kVA generators on site. Transfer of two generators to a different location Installation of 2x100kVA generator at the Windybrow theatre in Hillbrow.

10.1 LOCATION OF SITE

The project site is located in Newtown Area in Johannesburg, South Africa. The specific project site is the Market Theatre and the Market Square buildings. The pictures below show the main entrance to the two sites.

Fig 1. Entrance the Market Square along Lillian Ngoyi Street, Newtown.

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Fig 2. Entrance to the Market Theatre on Margaret Mcingina Street, Newton.

Fig 3. The Windybrow Theatre in Hillbrow situated at Cnr Pieterson and Banket St.

10.2 SUMMARY OF WORK TO BE DONE

10.2.1 EMERGENCY GENERATOR PLANT

The successful tenderer shall supply, deliver and install a completely single enclosed diesel driven standby generator sets of 300 and 650kVA 400/230V 3 phase in a position that will be determined on site. An existing 100kVA generator shall be removed from the market square and to be installed at the Windybrow theatre in Hillbrow. The machine shall be totally enclosed in a 3CR12 stainless steel housing. The exhaust shall be manufactured from stainless steel.

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The housing is to be provided on galvanized 3CR12 stainless steel skids so that the generator set can be transported to site and placed in position on a concrete plinth, casted by the successful tenderer. The skids must be of sufficient height to allow for the passage of storm water under the set.

The generating set shall be on standby and fully automatic, i.e. it shall start when the main supply fails, as further detailed in the general technical specification. The automatic mains failure panel shall be installed in the 3CR12 housing.

The entire building load is to be connected to the generator as requested by the client and as indicated on single line distribution diagram.

10.2.2 CONCRETE PLINTH

Concrete plinth to be provided as per generator plinth layout.

The surface of the concrete plinth shall be 50mm higher than the existing ground level. The thickness and strength of the plinth shall be determined for generators larger than 200VA by the contractor before casting and as indicated by the generator manufacturer.

A tap to be provided to drain all the water that accumulates inside the bund wall. Final position of the tap will be determined on site. It is the engineer’s responsibility to ensure plinth design complies with generator dimensions and weights. The bund wall shall contain 110% of the fuel, oil and water capacity of the generator. The bund wall shall not constrain the canopy doors from opening completely.

10.2.3 P.V.C.A. CABLES

The contractor shall allow for the supply, installation and connection of the P.V.C.A. cables as per “Bill of Quantities” and as hereafter specified.

10.2.4 EARTH CONTINUITY TEST

The contractor shall allow for the supply and installation of a complete earthing system as indicated below.

The contractor shall install an earthing system in the concrete plinth. The contractor shall install two (2) earth studs 1.8 meters long on opposite corners of the concrete plinth into the ground. The earth studs shall be connected by means of a 70mm2 bare copper earth wire to the main earth bar in the control panel. The earth conductor shall be connected to the earth bar, canopy, bass, skid and earth bar by means of suitably crimping lugs and brass bolts.

11. CONSTRUCTION PROGRAMME

It should be evident that – as this is a fast track project – meticulous planning is essential.The programme shall reflect all the activities foreseen at the specific site.The programme will be updated every week and sent to the Engineer as a progress report

12. STORAGE

The Contractor shall provide adequate and safe storage for all materials supplied by him.Tenderers shall assume that no storage space can be made available by the Foundation site.Tenderers shall assume that no security existing on site.

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SECTION E. SPECIFICATION FOR GENERATOR WORK

1. GENERAL

This section covers the Standard Specification for the supply, delivery and complete installation on site in full working order of diesel/alternator generating sets.

Full particulars, performance curves and illustrations of the equipment offered, must be submitted with the Tender. Tenderers may quote for their standard equipment, complying as closely as possible with this Specification, but any deviations from the specification must be fully detailed.

Supply, install, commission, test and maintain an emergency generating sets at the Market Theatre Foundation. Each generator set must be installed in a separate canopy/enclosure.

Note: The tenderer to note that the position of the emergency set is provisional and the final position of the enclosure will be determined on site with the successful tenderer and the Client’s Representative.

2. SCOPE OF WORK

The scope of work includes but not limited to:

Supply and installation of 1x300 kVA generator, in soundproof and waterproof canopy. Supply and installation of 1x 650 kVA generator, in soundproof and waterproof canopy. The supplier must supply two separate automatic changeover switches for each

generator and it must include all CB’S and Earthing Implement a GSM for a remote monitoring system for the generators Existing Distribution Boards upgrade and refurbishment. Removal of the two existing 100kVA generators and old generator cables on site. Transfer of two generators to a different location Installation of 2x100kVA generator at the Windybrow Theatre in Hillbrow. Operating instructions and Maintenance manuals must be supplied. The generator must be factory tested, proof thereof must be submitted. Offloading to be done by the supplier.

3. DELIVERY

The successful Tenderer shall inform the Client’s Representative, when the set is ready for installation.

4. OUTPUT AND VOLTAGE

The set shall have a site output and voltage as specified.

5. CONSTRUCTION

The engine and alternator of the set shall be built together on a common frame with anti-vibration mountings and contained in a 3CR12 canopy as specified. A galvanized or 3CR 12 drip tray must be fitted under the engine. The tray must be large enough to catch a drip from any part of the engine.

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The frame must be of the "DUPLEX" type.

6. OPERATION

The set is required to supply the essential loads in the case of a mains power failure.The set shall be fully automatic i.e. it shall start when any one phase of the main supply fails or get switched and shall shut down when the normal supply is re-established. In addition, it shall be possible to manually start and stop the set by means of pushbuttons on the switchboard.

The automatic control shall make provision for three consecutive starting attempts. Thereafter the set must be switched off, and the start failure relay on the switchboard must give a visible and audible indication of the fault.

To prevent the alternator being electrically connected to the mains supply when the mains supply is on and vice versa, a safe and foolproof system (mechanical or electrical interlocking) of suitably interlocked contactors shall be supplied and fitted to the changeover switchboard.

Important NoteThe Tenderer must submit, together with his offer, the design of the control system to comply with the requirements for automatic starting, stopping, interlocking and isolation as specified.

7. ENGINE

7.1 General

The engine must comply with the requirements laid down in SANS 8528 and must be of the atomized injection, compression ignition type, running at a speed not exceeding 1500 r.p.m. The engine must be amply rated for the required electrical output of the set, when running under the site conditions. The starting period for either manual or automatic switching-on until the taking over by the generating set, in one step, of a load equal to the specified site electrical output, shall not exceed 15 seconds. This must be guaranteed by the Tenderer.

Turbo-charged engines will only be accepted if the Tenderer submits a written guarantee that the engine can deliver full load within the specified starting period.

Curves furnished by the engine makers, showing the output of the engine offered against the speed, for both intermittent and continuous operation as well a fuel consumption curves when the engine is used for electric generation, must be submitted with the Tender.

7.2 Rating

The set shall be capable of delivering the specified output continuously under the site Conditions, without overheating. The engine shall be capable of delivering an output of 110% of the specified output for one hour in any period of 12 hours consecutive running in accordance with SANS 8528.1.2

7.3 De-rating

The engine must be de-rated for the site conditions as set out in the Detail Specification, Section 5 of this document.

The de-rating of the engine for site conditions shall be strictly in accordance with BS 5514 of 1977 as Page | 79


amended to date. Any other methods of de-rating must have the approval of the Client and must be motivated in detail. Such de-rating must be guaranteed in writing and proved by the successful Tenderer at the site test.

7.4 Starting and Stopping

The engine shall be fitted with an electric starter motor and be easily started from cold, without the use of any special ignition devices under summer as well as winter conditions.

7.5 Starter Battery

The set must be supplied with a fully charged lead-acid type battery, complete with necessary electrolyte. The battery must have sufficient capacity to provide the starting torque stipulated by the engine makers. The battery capacity shall not be less than 120 Ah and shall be capable of providing three consecutive start attempts from cold and thereafter a fourth attempt under manual control of not less than 20 seconds duration each. The battery must be of the heavy duty "low maintenance" type, house in a suitable battery box.

7.6 Cooling

The engine may be either of the air or water cooled type. In the case of water-cooling, a built-on heavy duty, tropical type pressurized radiator must be fitted. Only stand-by sets that are water cooled shall have electric heaters.

For either method of cooling, protection must be provided against running at excessive temperatures. The operation of this protective device must give a visual and audible indication on the switchboard. Water-cooled engines shall in addition be fitted with a low water cut-out switch, installed in the radiator, to switch the set off in the event of a loss of coolant. The protection shall operate in the same way as the other cut-outs (eg. low oil pressure). All air ducts for the cooling of the engine are to be allowed for. The air shall be supplied from the cooling fan cowling/radiator face to air outlet louvers in the enclosure.

7.7 Lubrication

Lubrication of the main bearings and other important moving parts shall be by forced feed system. An automatic low oil pressure cut-out must be fitted, operating the stop solenoid on the engine and giving a visible and audible indication on the switchboard.

7.8 Fuel Pump

The fuel injection equipment must be suitable for operation with the commercial brands of diesel fuel normally available in South Africa.

7.9 Fuel Tank

The fuel tank below the engine under the generator for outdoor units and the tank shall have sufficient capacity to run the engine on full load for a period of 12 hours. If the generator is installed in a generator room the fuel tank may be a free standing type. The contractor shall allow for a full tank of diesel when handing over the plant to the Client.

The tank shall be fitted with a suitable filter and "low fuel level" alarm, giving an audible and visible signal on the switchboard as well as a low-low fuel level cut-out. A manual type fuel diesel pump with adequate length of hose is to be supplied for the filling of the fuel tank from the diesel drums or any other storage

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arrangements. In addition a water trap shall be provided in the fuel pipe run between the tank and the engine.

All generators with a capacity of 50 kVA and above must be supplied with an electrically operated pump with sufficient length of oil resistant hose to reach 2m beyond the door of the canopy or generator room shall be supplied for filling the fuel tank from 200 liter drums.

A filtration and water separation system for generators with a capacity of 50 kVA and above must be provided for the standby generator. This filtration and water separation system must be dedicated to purifying the content of the storage system / tank by way of the cleaning processes which are applied while circulating the fuel through the filter & separator unit.

The filtration system must be able to handle diesel fuel of “high” and of “low” sulphur content for an indefinite period. The suction line of the system must be connected to the lowest part of the storage system / tank. The return line must be connected in the top section of the storage system / tank in such a position and in such a way that the flow of fuel within the storage system / tank between the fuel return point and the fuel suction point will induce scouring of the bottom of the system / tank to effectively capture sediment and water in the to be filtered fuel.

The filtration unit must filter the diesel fuel mechanically, removing suspended particles of effective diameters down to 5 micron. In addition, it must separate all water from the fuel and the fuel storage system and automatically dispose of / dump such water into an open, removable receptacle for disposal at the installation or in a suitable position outside the building/container.

Separation of the fuel and water must be sufficiently effective that the discharged water will meet the general effluent standard required for it to be disposed of into a municipal drain and sewer system.

The filter and water separator unit must be supplied from the DC batteries used to power the relevant generator set. The circulating pump shall be suitably sized to circulate the full contents of the fuel tank, once every seven (7) days. The pump shall be equipped with an override function on the control panel, to allow the circulating pump to be activated manually when the diesel tank is refilled.

The filter cartridge of the filter and water separator unit must be replaceable, and, in normal operational conditions, not require replacement within periods shorter than three months. The replacement units must be readily available.

The filtration & separator system may be mounted against the wall of the plant room or in the inside of the container, which may house the installation.

7.10 Fusible Fuel shut off link

The contractor shall allow for the supply and installation of a fuel shut off fusible link in the container. The fusible link shall shut off the fuel at a temperature of 130 degrees in an event of a fire in the self-contain enclosure. The fusible link shall be mounted above the engine and coupled to the shut off valve by means of a 2mm stainless steel cable. The cable shall be installed to the shut off valve without any possibility of kinking the cable which may cause malfunctioning of the protection device.

7.11 Governor

The speed of the engine shall be controlled by a governor in accordance with ECM of SANS 8528 if not otherwise specified in the Detailed Specification.The permanent speed variation between no load and full load shall not exceed 4,5% of the nominal engine speed and the temporary speed variation shall not exceed 10%. External facilities must be provided on the engine, to adjust the nominal speed setting by ± 5% at all loads between zero and rated load.

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7.12 Flywheel

A suitable flywheel must be fitted, so that lights fed from the set will be free from any visible flicker.The cyclic irregularity of the set must be within the limit laid down in SANS 8528.

7.13 Exhaust Silencer

It is essential to keep the noise level to 65dB at 5m from the unit. An effective stainless steel exhaust silencing system of the residential type must be provided and housed inside the containerized unit and shall be constructed of 304 stainless steel.

The exhaust system shall be installed in such a way that the expulsed exhaust fumes will not cause discomfort to the public. The exhaust pipe must be flexibly connected to the engine to take up vibrations transmitted from the engine, which may cause breakage. The exhaust piping and silencer shall be lagged to reduce the heat and noise transmission in the generator enclosure.Outside of the container, the exhaust to be protected to prevent the ingress of rain, installed at an angle of 45 degrees and extent 500mm above canopy.

7.14 Accessories

The engine must be supplied complete with all accessories, air and oil filters, 3 instruction manuals, spare parts lists, the first fill of all lubricating oils and diesel fuel etc.

8. ALTERNATOR

The alternator shall be of the self-excited brushless type, with enclosed ventilated drip-proof housing and must be capable of supplying the specified output continuously with a temperature rise not exceeding the limits laid down in SANS 60034-1 for rotor and stator windings.

The alternator shall be capable of delivering an output of 110% of the specified output, for one hour in any period of 12 hour in any period of 12 hours consecutive running.

Both windings must be fully impregnated for tropical climate and must have an oil resisting finishing varnish.

8.1 Regulation

The alternator must preferably be self-regulated without the utilisation of solid state elements. The inherent voltage regulation must not exceed plus or minus 5% of the nominal voltage specified, at all loads with the power factor between unity and 0,8 lagging and within the driving speed variations of 4,5% between no-load and full load.

8.2 Performance

The excitation system shall be designed to promote rapid voltage recovery following the sudden application of the full load. The voltage shall recover to within 5% of the steady state within 300 milli-seconds following the application of full load and the transient voltage dip shall not exceed 18%.

8.3 Coupling

The engine and alternator must be directly coupled by means of a high quality flexible coupling, ISO 9001:2000 approved and must be designed and manufactured to this quality system.

Page | 82


9. SWITCHBOARD

A switchboard must be supplied and installed to incorporate the equipment for the control and protection of the generating set and battery charging.

The switchboard must conform to the specification as set out in the following paragraphs.

9.1 Construction

The switchboard shall be enclosed in the steel enclosure.

All equipment, connections and terminals shall be easily accessible from the front and the front panels may be either hinged or removable with studs and chromium-plated cap nuts. Self-tapping screws shall not be used in the construction of the board.

All pushbuttons, pilot lights, control switches, instrument and control fuses, shall be mounted on hinged panels with the control wires in flexible looms.

The steelwork of the boards must be thoroughly de-rusted, primed with zinc chromate and finished with two coats of signal red quality enamel, or a baked powder epoxy coating. Suitably rated terminals must be provided for all main circuits and the control and protection circuits. Where cable lugs are used, these shall be crimped onto the cable strands. Screw terminals shall be of the type to prevent spreading of cable strands. All terminals shall be clearly marked.

For the control wiring, each wire shall be fitted with a cable or wire marker of approved type, and numbering of these markers must be shown on the wiring diagram on the switchboard. Control wiring shall be run in PVC trunking. The trunking shall be properly fixed to the switchboard steelwork. Adhesives shall not be acceptable for the fixing of trunking or looms.

The automatic control and protection equipment shall be mounted on a separate easily replaceable small panel with printed circuits. The equipment shall mainly be the "solid state" type. After mounting the equipment on the panel, the rear of this panel shall be sealed with epoxy-resin. However, other proven control systems may also be considered, but must be described in detail.

All equipment on the switchboard, such as contactors, isolators, busbars etc., shall have ample current carrying capacity to handle at least 110% of the alternator full load current.

9.2 Protection and Alarm Devices

All switchboards shall be equipped with protection and alarm devices as described below.

A circuit breaker and an adjustable current limiting protection relay must be installed, for protection of the alternator. The protection relay shall be of the type with inverse time characteristics. The relay shall cause the contactor to isolate the alternator and stop the engine.Protection must be provided for overload, high engine temperature, low lubricating oil pressure, overspeed, start-failure, low water level.

Individual relays with reset pushes are required, to give a visible signal and stop the engine when any of the protective devices operate. In the case of manual operation of standby sets, it shall not be possible to restart the engine.

The indicators and re-set pushes must be marked in ENGLISH.

"OVERLOAD"Page | 83


"TEMPERATURE HIGH""OIL PRESSURE LOW""OVERSPEED""START FAILURE""LOW WATER LEVEL"

In addition two relays with reset pushes must be fitted giving an audible and visible flashing signal, when:

(a) The fuel level in the service tank is low. The reset push of this relay must be marked"FUEL LOW".

In addition, a low-low level sensor must be provided. At this level the engine must stop to prevent air entering the fuel system.

(b) The battery charger failed. The reset push of this relay must be marked "CHARGER FAIL".

This is also applicable to the engine driven generator/alternator.

All relays must operate an alarm hooter. A pushbutton must be installed in the hooter circuit to stop the audible signal, but the fault indicating light on the control panel must remain lit until the fault has been rectified.

An on/off switch is not acceptable. After the hooter has been stopped, it must be re-set automatically, ready for a further alarm.

The hooter must be of the continuous duty and low consumption type. Both hooter and protection circuits must operate from the battery.

Potential free contacts from the alarm relay must be brought down to terminals for remote indication of alarm conditions.

A test pushbutton must be provided to test all indicator lamps.

9.3 Manual Starting

Each switchboard shall be equipped with two pushbuttons marked "START" and "STOP" for manual starting and stopping of the set.

9.4 Battery Charging Equipment

Each switchboard shall be equipped with battery charging equipment.

The charger shall operate automatically in accordance with the state of the battery and shall generally consist of an air-cooled transformer, a full wave solid state rectifier, and the necessary automatic control equipment of the constant voltage system.

The charger must be fed from the mains. An engine driven alternator must also be provided for charging the battery while the set is operational. Failure of this alternator must also activate the battery charger failure circuit.

9.5 Switchboard Instruments

Each generating set shall have a switchboard equipped as follows:Page | 84


(a) One flush square dial voltmeter, reading the alternator voltage, scaled as follows:

(i) 0-300V for single phase generators(ii) 0-500V for three phase generator. In this case a six position and off selector switch must be

installed for reading all phase to phase and phase to neutral voltages.

(b) A flush square dial combination maximum demand and instantaneous ampere meter for each phase, with re-settable pointer suitably scaled 20% higher than the alternator rating. A red arc stripe above the scale markings from 0-20A and a red radial line through the scale at full-load current shall be provided. This instrument shall be supplied complete with the necessary current transformer.

(c) One flush square dial vibrating type frequency meter, indicating the alternator frequency.

(d) A six digit running hour meter with digital counter, reading the number of hours the plant has been operating. The smallest figure on this meter must read 1-10th hour.

(e) Fuses or m.c.b.'s for the potential circuits of the meters.

(f) One flush square dial ampere meter suitably scaled for the battery charging current.

(g) One flush square dial voltmeter with a spring-loaded pushbutton or switch for the battery voltage.

9.6 Markings

All labels, markings or instructions on the switchgear shall be in ENGLISH.

9.7 Earthing

An earth bar must be fitted in the switchboard, to which all non-current carrying metal parts shall be bonded. The neutral point of the alternator must be solidly connected to this bar by means of a removable link labeled "EARTH". Suitable terminals must be provided on the earth bar for connection of up to three earth conductors, which will be supplied and installed by others.

9.8 Operation Selector Switch

A four position selector switch must be provided on the switchboard marked "AUTO", "MANUAL", "TEST" and "OFF".

With the selector on "AUTO", the set shall automatically start and stop, according to the mains supply being available or not.

With the selector on "TEST", it shall only be possible to start and stop the set with the pushbuttons, but the running set shall not switched the load.

With the selector on "MANUAL", the set must take the load when started with the pushbutton, but it must not be possible to switch the set on to the mains, or the mains onto the running set.

With the selector on "OFF", the set shall be completely disconnected from the automatic controls, for cleaning and maintenance of the engine.

9.9 Automatic Change-over System

Page | 85


A fully automatic change-over system must be provided to isolate the mains supply and connect the standby set to the outgoing feeder in case of a mains failure and reverse this procedure on return of the mains.

The contactors for this system must be electrically and mechanically interlocked.As the main Automatic mains fail panel will be located in the existing Main DB, the generator will have its own change over panel which would monitor when there is a mains or failure, and start or stop the generator, but all load switching will be carried out in the AMF panel.

The AMF-panel shall be installed and built inside generator waterproof canopy, and it shall be housed in a lockable enclosure. The enclosure shall be painted Signal Red, or as approved by the Engineer.

If the AMF-panel is installed in any other area, it shall be housed in a weatherproof, IP65, lockable distribution board enclosure, as utilised for exterior distribution boards. The enclosure shall be painted Signal Red, or as approved by the Engineer.

9.10 Bypass switch and Mains Isolator

The switchboard shall be equipped with an on-load isolator to isolate the mains and a manually operated on-load 4 pole 4 position by-pass switch, which shall switch the connected loads as follows: NORMAL: will allow for the normal connection i.e. connects the incoming mains to the automatic control gear or directly to the outgoing feeder. In the GEN BY-PASS position the switch will disconnect the automatic changeover control gear, and will connect the municipal mains directly the essential supply busbar which will allow for the maintenance of either or both the generator and the automatic changeover equipment. MAINS BY-PASS switching position would allow the generator to be connected directly to the essential supply busbar. This is when there is a problem with the automatic changeover equipment and there is no municipal power available.The final position is an OFF position which will remove all power downstream of this switch.

It is required that this by-pass switch and mains isolator be mounted away from the automatic control gear, in a separate compartment, either on the side or in the lower portion of the switchboard cubicle, and that the switches are operated from the front of the compartment.Contractor to note: The by-pass and mains isolator switch shall also break the main neutral.

9.11 Start Delay

Starting shall be automatic in event of a mains failure. A 0-15s adjustable, start delay timer shall be provided to prevent start-up on power dips or very short interruptions.

9.12 Stop Delay

A stop delay with timer is required for the set, to keep the set on load for an adjustable period of one to sixty seconds after the return of the mains supply, before changing back to the supply. An additional timer shall keep the set running for a further adjustable cooling period of 5 to 10 minutes at no-load before stopping.

10. INSTALLATION

The tenderer will be responsible for tracing the main incoming cable. The contractor will then cut into this cable and with jointing will re-route these cables to the existing Distribution Boards. He will then also be required to install the cable from the generators as well as the control cable from the main Distribution boards, including all terminations of all these cables. The connecting of the cable and control cabling to the generator and the control terminals in the LV board remains the responsibility also forms part of this tender.

Page | 86


11. WARNING NOTICES

Notices, in ENGLISH, must be installed on the outside of the steel enclosures.

The notice shall be made of a non-corrodible and non-deteriorating material, preferable plastic, and must read as follows:

DANGER: This engine will start without notice. Turn selector switch on control board to "OFF" before working on the plant.

12. DRAWINGS

The successful Tenderer must, as soon as possible after receipt of the order, submit detailed drawings and wiring diagrams of the plant and the switchgear. One diagram shall be contained in a metal pouch on the side of the switchboard.

13. INFORMATION REQUIRED FOR GENERATOR AND CANOPY

Tenderers must furnish detailed descriptions and illustrations of the equipment offered and must complete the questionnaire following this specification. This includes drawings of the switchboard layouts and control diagrams.

Failure to submit any of the information asked for, may disqualify the tender.

14. GUARANTEE

The successful Tenderer will be required to guarantee the complete plant for a period of 12 months from the date it has been taken over by the Client in running order.If during this period the plant is not in working order, or not working satisfactorily owing to the faulty material, design or workmanship, the Contractor will be notified and immediate steps shall be taken by him to rectify the defects and/or replace the affected parts on site, at his own expense.

15. MAINTENANCE

15.1 Initial Maintenance

The successful Tenderer will be required to maintain the plant in good running order for a period of twelve months after the plant has been taken over by the Client. The full cost of this maintenance must be included in the tender price, inclusive of overheads and travelling fees. Apart from the consumables as detailed below, the Client shall not acknowledge any cost claims additional to this maintenance cost as tendered.

However, should the Contractor fail to hand over the plant in good working order on expiry of the specified twelve months, the Contractor will be responsible for further monthly maintenance until final delivery is taken.

Under the agreement the Contractor will undertake at intervals as per the manufactured recommendations for a visit to the plant by a qualified member of his staff, who shall:

(a) Report to the Officer-in-Charge, keeping the maintenance records, and enter into a log book the date of the visit, the tests carried out, the adjustments made, any further details that may be

Page | 87


required.

(b) Grease and oil moving parts, where necessary.

(c) Check the air filter and, when necessary, clean the filter and replace filter oil.

(d) Check the lubricating oil and top-up when necessary

(e) After the plant has run one oil change for the number of hours stipulated by the manufacturers, drain the sump and refill with fresh lubricating oil. The reading of the hour meter on the switchboard will be taken to establish the number of hours run by the plant.

Under this heading only the cost of the actual oil used, shall be charged as an extra on the monthly account.

(f) Clean the lubricating oil filter and/or replace the filter element at intervals recommended by the engine manufacturer, the cost of a new filter element to be charged as an extra on the monthly account.

(g) Check and when necessary adjust the valve settings and the fuel injection equipment.

(h) Check the battery and top-up the electrolyte when necessary.

(i) Test-run the plant for 0,5 hour and check the automatic starting with simulated faults on the mains, the proper working of all parts, including the electrical gear, the protective devices with fault indicators, the changeover equipment and the battery charger. Make the necessary adjustments.

(j) Report to the Client and to the Client’s representative on any parts that become unserviceable through fair wear and tear, or damaged by causes beyond the control of the Contractor.

(k) Advise the Client when it has become necessary to decarbonise the engine and submit a quotation for this service.

(l) Top up the water of the radiator, if applicable.

(m) Clean the plant and its components.

15.2 Maintenance Agreement

(a) After the lapse of the abovementioned 12 month period, the Contractor may be required to enter into a maintenance agreement, as described under Clause 14.1, initially for one year with a possible yearly renewal.

(b) Acceptance of the tender shall not bind the Client to accept this maintenance service.

15.3 Instruction of Operator

After completion of the installation and when the plant is in running order, the successful Tenderer will be required to instruct an attendant in the operation of the plant, until he is fully conversant with the equipment and the handling thereof. The officer will be identified by the Client’s Representative on site.

Three copies of a maintenance fault-localising and operating manual are to be handed over to the Client's representatives on site.

Page | 88


16. TESTS

The following tests are to be carried out:

(a) At the supplier's premises, before the generating set is to be delivered to site. Representatives of the Client must be present during the test to satisfy themselves that the generating set complies with the specification and delivers the specified output. The test must be carried out in accordance with BSS 5514, Part 2 and 3. The Client must be advised timeously of the date for the test.

(b) At the site after completion of the installation, all tests in (a) above shall again be carried out.

The dummy resistance for the load and all instruments which may be required for the tests have to be provided by the successful tenderer.

Test reports of both tests as specified under (a) and (b) are to be submitted to the Client.

17. ENCLOSURE

The standby set is a free standing unit and shall be mounted in an enclosure as detailed below: -

17.1 General

The enclosure, shall be completely vermin-proof, removable from the set and shall be constructed of 3CR12 stainless steel or equally approved of a minimum thickness of ±1.5 mm.

The enclosure shall allow easy access to the engine, alternator, radiator filler cap and control cubicle for maintenance purposes.

The door shall be flush with the rest of the canopy and of the side opening type. A minimum of four doors are required i.e. two on either side.

The door hinges and locking bars shall be of a heavy duty type and be manufactured of an alloy or mild steel which is hot dip galvanized and shall be fitted with a grease nipple.

The doors and panels shall be suitably braced and stiffened to ensure rigidity and to prevent bending and warping.

Suitable door restraints shall be fitted to all the doors, enclosure including the control panel to prevent wind damage. The restraint shall consist of a steel rod in a steel groove or slide with a spring loaded catch, which is to be manually reset to close the door.

No flexible restraints will be accepted.

The diesel fuel level indicator and alternator rating plate shall be clearly visible with the doors open.

Unless specified the silencers shall be mounted within the enclosure.

Perforated sheeting shall be fitted over all the insulating material inside the canopy of all soundproof sets.

Rubber seals on doors shall be equal to or similar to rubber pinch weld, wind lace. (Max-nortons.)

17.2 DesignPage | 89


The enclosure shall be designed to be weather-proof and sound-proofing as specified. Rivets or self-tapping screws will under no circumstances be allowed for fixing the various sections of the enclosure. Only cadmium coated nuts and bolts are acceptable.

17.3 Roof

The roof of the enclosure shall be constructed for proper drainage of water as per the drawing.

17.4 Lamp fitting

A lamp fitting and its associated on/off door switch shall be provided inside the enclosure for illumination of the control panel.The power for the lamp shall be obtained from the starter battery.

17.5 Sound-proofing

The sound-proofing on canopy engine sets shall be such that the maximum noise level generated by the set under any load condition shall not exceed 65 dB measured in any direction at a distance of 5m from the center of the set with the doors closed.

The supply and discharge air paths will require separate attenuators on soundproof sets.

17.6 Padlock and keys

The contractor shall supply padlocks and keys for all the doors of the enclosure. The padlock shall be off the “Viro A82 keyed alike with stainless steel shackles” type.

Suitable brass metal plates shall be installed behind each lock for the protection of the enclosure against scratching or damaging, where the locks are hanging.

18 COMMISSIONING AND TESTING OF THE GENERATOR SET

18.1. Testing

On-site, tests shall be performed in the presence of the Engineer. The Contractor shall provide all the test equipment and instruments which may be necessary.

Copies of the test reports for the above tests shall be submitted to the Engineer, and shall be included in the final document submission.

18.2 Commissioning

All items shall be pre-checked by the Contractor, prior to commissioning.

Note that the Engineer will not commission the system or any part thereof on behalf of the Contractor.

Commissioning will be witnessed by the Engineer.

19 TRAINING OF AN OPERATOR

After the installation has been commissioned, the Contractor shall train appointed persons to operate and control the generating set. The cost of training shall be included in the tender price. The training

Page | 90

Tender No. MTF 10200 /2017: SUPPLY, INSTALLATION, TESTING &COMMISSIONING OF GENERATORS AT THE MARKET THEATRE FOUNDATION, NEWTOWN, JHB procedures shall be submitted to the Engineer in writing. After completion of the training period, the trainee will be evaluated by the Engineer.

Training of the Foundation’s personnel shall include the following, but not limited to:

Manually testing of the generator set Manually starting / stopping of the generator set Visual inspections on the generator set Refilling of diesel and oil, if required Operation of the ATS-panel Weekly checking of oil and water levels Operation of the generator control-panel, reading of parameters

20. COMMSSIONING AND REMOTE MONITORING

a. GSM MODE

The contractor shall install and commission monitoring module which shall report faults on the generator (on/off, fuel tank empty, oil gauge, overheating. etc)

21. TECHNICAL DATA SHEET: GENERATOR

The trade name and/or catalogue numbers of all equipment forming part of the tender offer must be submitted. This information schedule must be fully completed by the Tenderer.

1.CONDUCTORS

(a) Manufacturer : …………………………………………......................

(b) Type : …………………………………………......................

(c) Complies with SABS 0142/SANS10142……………:……………………Yes/No

2. CABLES (Electrical and data)

(a) Manufacturer : ………………………………………………...............

(b) Type : ………………………………………………...............

3. LABELLING

(a) Manufacturer : ………………………………………………...............

(b) Type : ……………………………………………...................

4. CABLE LADDERS / TRAYS

Manufacturer : ……………………………………………...............

Page | 91


Type : ……………………………………………...............

Does it complies with specification : ..…………………………Yes/No

5. CIRCUIT BREAKERS

(a) Manufacturer : ……………………………………………...............(b) Trade name : ……………………………………………...............(c) Minimum fault level : …..……….…………………….kA

6. ISOLATORS

(a) Manufacturer : ……………………………………………...............(b) Trade name : ………………………………………………............(c) Minimum fault level : …..……….……………………kA

7. EARTH LEAKAGE UNITS

(a) Manufacturer : …………………………………………...................(b) Sensitivity rating : ..…….……………………… mA(c) Minimum fault level : …...………….……………….KA

8. GENERATOR

8.1 Exhaust System

8.1.1 Exhaust Pipe & Silencer

(a) Manufacturer : ……………………………………………...............(b) Wall thickness : ……………………………………………...............(c) Diameter at end : ………………………………………………...........(d) Does the diameter vary over

the length? : ………………………………………………...........(e) Type of exhaust end

arrangement : ………………………………………………...........(f) NB: Attenuation over the full

frequency spectrum : ………………………………(dBA)(g) Material used : .................................................................(h) Insulation material type : ……………………………………………...............

9.DISTRIBUTION BOARDS

9.1 ATS ENCLOSURE

a) IP rating : ………………………………………………...........b) Does it comply with specification? : ………………………………………………...........

10. PRE-CAST PLINTH

a) Manufacturer : .................................................................b) Does it comply with specification/drawings?………………Yes/No

Page | 92


11. FIRE EXTINGUISHER

(a) Size : .................................................................

(b) Does it comply with specification/drawings?…………………………Yes/No

12. CRANE HIRE

a) Manufacturer :b) Does it comply with specification(5 tonnes)?…………………………Yes/No

13. SIGNAGE

a) Manufacturer : .................................................................b) Does it comply with specification/drawings?…………………………Yes/No

14. FENCE

a) Manufacturer :b) Does it comply with specification/drawings? ………………………Yes/No

15. TENDER QUALIFICATIONS / OMMISIONS

TENDERER : ………………................................................................

SIGNATURE : …………………………………………………………….

NAME OF AUTHORISED OFFICIAL : ……………………………………………………………

DATE : ……………………………………………………………

21. DRAWING REGISTER

Drawing schedule and numbers shall be as follows:

BUILDING NAME

DRAWING NUMBER

DESCRIPTION

Market Square 10200/E/001 Single Line Diagram Layout

Market Theatre 10200/E/002 Single Line Diagram Layout

Market Theatre 10200/E/003 Generator Plinth Layout

Page | 93


SECTION F PREAMBLE TO THE BILL OF QUANTITIES

The contractor shall enter a price against each item in the schedule of prices. If the contractor fails to enter a price against any item in the schedule of prices the relevant cost for such item shall be regarded as being covered by other prices in the schedule of prices.

The prices quoted for the supply of equipment shall include for all handling, loading, transporting and off-loading required for the delivery of the equipment to the site.

The prices quoted for erection and installation shall include for all handling, loading, transporting and off-loading, to take equipment to place on site where required, erection, installation, painting, commissioning, operating, testing, adjusting, handing over in proper working order and upholding for a period of 12 months.

DECLARATION: I / We

(full name of Bidder) the undersigned in my capacity as ________________________________________

of the firm

hereby offer to The Market Theatre Foundation to render the services as described, in accordance with the specification and conditions of contract to the entire satisfaction of The Market Theatre Foundation and subject to the conditions of tender, for the amounts indicated hereunder:

BILL OF QUANTITIES

Page | 94


1 GENERAL REQUIREMENTS

1.1.1Lease with City Power for the Isolation of supply in order to disconnect existing cables & relocation Lump Sum 1 R 10,000.00 R 10,000.00

1.1.2On-site measurements ( service underground or unforseen services) Lump Sum

2R 10,000.00 R 20,000.00

1.1.3 Submission of Molex cabling certification Lump Sum 2 R 3,000.00 R 6,000.00

1.1.4Arrange with supplier (OEM) to commission and test generator on site lump sum

2R 5,000.00 R 10,000.00

1.2 Contractor's establishment on site: Lump Sum 1 R 50,000.00 R 50,000.00

1.3 Documentation

1.3.1 As-built drawings for new electrical installation Lump sum 1 R 5,000.00 R 5,000.00

1.3.2 Certificates of compliance for the No 10 R 2,500.00 R 25,000.00complete electrical

1.4 Testing and commisioning

1.4.1Test results; submission as part of O&M manual(i.e: GENSET.UPS,etc..) Lump Sum

2R 5,000.00 R 10,000.00

1.5 Training

1.5.1 End-user training Lump Sum 2 2,500.00R R 5,000.00

1.6 Guarantee and Maintenance

1.6.112 month equipment and installation warranty and all inclusive maintenance for 650kVA Generator. Lump Sum 1 R 30,000.00 R 30,000.00

1.6.212 month equipment and installation warranty and all inclusive maintenance for 300kVA Generator. Lump Sum 1 R 30,000.00 R 30,000.00

1.6.3 Final phase balancing on DB's no 10 4,000.00R R 40,000.00

Total carried forward to summary page R 241,000.00

Bill 1 : General Requirements

AMOUNTITEM NO DESCRIPTION UNIT QUAN-

TITY RATE

Page | 95


2.1 Supply and delivery of PVC/SWA/PVCCu low-voltage cable:

2.1.1 m 120 R 800.00 R 96,000.002.1.2 m 200 R 1,150.00 R 230,000.00

2.2 Install LV cable:

2.2.1 120 mm², 4-core m 120 R 240.00 R 28,800.002.2.2 m 200 R 345.00 R 69,000.00

2.3 Supply and deliver bare copperearth conductors:

2.3.1 95 mm² m 320 R 195.00 R 62,400.00

Carried forward R 486,200.00

Brought forward R 486,200.00

2.4 Install bare copper earth conductor

2.4.1 95 mm² m 320 R 58.50 R 18,720.00

2.5 Terminate low voltage cable:

2.5.1 120 mm², 4-core 8 R 250.00 2,000.00

2.5.1 150 mm², 4-core No 4 R 250.00 1,000.00

2.6 Terminate bare copper earthconductors:

2.6.1 120 mm² No 6 R 30.00 R 180.00

Carried forward R 508,100.00

Brought forward R 508,100.00

2.7 Supply and Delivery of Fire extenguisher:

2.7.1 No 2 R 900.00 R 1,800.00

2.8' Install of Fire extenguisher

2.8.1 No 2 R 270.00 R 540.00

2.90 Install cable end connectors

2.9.1 Stack box with 3-phase socket outlet No Rate Onlyconnection

Total carried forward to summary page R 510,440.00

Bill 2 : Low voltage cable installation and Fire equipment

150 mm², 4-core

150mm², 4-core(market theatre)

RATE AMOUNTITEM NO DESCRIPTION UNIT QUAN-

TITY

120 mm², 4-core( market square)

9kg dry powder fire extinguisher complete with fire and weather proof enclosure to site

9kg dry powder fire extinguisher complete with fire and weather proof enclosure to site

Page | 96


3 SUPPLY ,INSTALLATION AND COMMISSIONING

3.1

Supply and installationof a weather and soundproof canopy generator 650kVA complete with ATS panel, computer/comms link and indication lights complete with all accessories Lump 1 R 1,200,000.00 R 1,200,000.00

3.2

Supply and installation of a weather and soundproof generator 300kVA complete with ATS panel, computer/comms link and indication lights complete with all accessories Lump 1 R 490,000.00 R 490,000.00

3.3 Deliver/Move generator to final position Lump 2 R 5,000.00 R 10,000.00include rigging (Skates, rollers or forklift/crane) sum

3.4 Connect generator L.V cables Lump 2 R 3,000.00 R 6,000.00and control panels sum

3.5 Install indication panel inside casing box Lump 2 R 5,000.00 rate onlysum

3.6 Supply and install precast concrete plinth Lump 2 R 50,000.00 R 100,000.00(where fixed generator is selected) sum

3.7 Earthing, bonding and Tests by Specialist Lump 2 R 10,000.00 R 20,000.00

3.8 Supply and Install exhuast system Lump 2 R 15,000.00 R 30,000.00

3.10 Statutory signage as required by OHS Lump 2 R 2,000.00 R 4,000.00act sum

Supply and install security fence:(As per detailed shop drawings by contractor)

3.11 Supply m2 25 R 300.00 R 7,500.00

3.12 Install (cast in) m2 25 R 400.00 R 10,000.00

3.13 Install (bolted onto concrete) m 28 R 170.00 R 4,760.00

3.14 Padlock for palisade gate No 2 R 150.00 R 300.00

3.15 Supply and Install Lockable ATS Panel No 2 R 3,000.00 R 6,000.00enclosure, rated IP65

Total carried forward to summary : R 1,888,560.00

Bill 3: Generator installation

AMOUNTITEM NO DESCRIPTION UNIT QTY RATE

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Brought forward R 1,888,560.00

3.16 Padlock for ATS enclosure No 2 R 150.00 R 300.00

3.17 ATS enclosure IP65 outside/IP 44 inside the building No 2 Rate only

3.18 Fire Extinguisher & waterproof enclosure No 2 R 1,750.00 R 3,500.00(DCP type)

3.19 Upgrade and refurbishment of all distribution boards for both Market Square and Theatre No 10 R 10,000.00 R 100,000.00

3.20 Generator final fuel tank filling Litre 1800 R 15.00 R 27,000.00

3.21 Supply and deliver logbook No 2 R 500.00 R 1,000.00

3.22 Supply and installation of a GSM moniting System no 4 R 6,500.00 R 26,000.00

3.23 Removal of existing 100 kVA generators No 2 R 5,000.00 R 10,000.00

3.24 Relocation of 2x 100kva generators no 2 R 5,000.00 R 10,000.00

3.25 Installation and commisioning of 1x 100kva generator (inclusive of all accessories )

No 2 R 25,000.00 R 50,000.00

3.26 Civil works (Demolishing and re-instate wall to accommodate new generators)

m2 25R 2,000.00 R 50,000.00

Total carried forward to summary page R 2,166,360.00

Bill 1 : General Requirements( new installation) R 241,000.00

Bill 2 : Low voltage cable installation and Fire equipment(new installation) R 510,440.00

Bill 3 : Generators installation at Market Theatre( supply, installation ) R 2,166,360.00

TOTAL R 2,917,800.00

TOTAL COST FOR GENERATORL INSTALLATION R 2,917,800.00(EXCL PROFESSIONAL FEES AND VAT)

SUMMARY OF BILL OF QUANTITIES - ELECTRICAL GENERATOR INSTALLATION

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PRICE SUMMARY TOTAL AMOUNT IN WORDS (INCLUSIVE OF VAT)

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

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

Delivery period required after receipt of order from The Market Theatre Foundation:

…………………………………………. (Number of days)

TENDERER'S NAME & STAMP ……………………………………..…………………………………………………………………

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

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

SIGNATURE ………………………… DATE ……….…………………… P.I.N NO.

………………………… V.A.T CERTIFICATE No…………………

WITNESS…………… ……………… ADDRESS……………………………….

SIGNATURE OF WITNESS……………………. …… DATE……………………………………… Signature of tenderer __________________________________________________ Official Rubber Stamp _________________________________________________ N/B 1. Indicate the warranty and contract completion period 2. If there is a discrepancy between the unit price and the total price the Total price shall prevail. 3. Although the maintenance costs should not be transferred to the Form of Tender, they will be used to arrive at the most economically advantageous tender and shall be binding to the winning bidder.

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To: The Market Theatre FoundationNewtown, JHBSouth Africa.

Gentlemen and/or Ladies: 1. Having examined the tender documents including Addenda Nos.…………………………… [insert numbers], the receipt of which is hereby duly acknowledged, we, the undersigned, offer to Supply, Install, Test, Commission & Maintain Generators for The Market Theatre Foundation, Newton ,JHB. in conformity with the said tender documents for the sum of …………………………………………………………..…………………………………………………………………………...[Total tender amount in words and figures inclusive of VAT or such other sums as may be ascertained in accordance with the Schedule of Prices attached herewith and made part of this Tender. 2. We undertake, if our Tender is accepted, to deliver the goods/services in accordance with the delivery schedule specified in the Schedule of Requirements. 3. If our Tender is accepted, we will obtain the guarantee of a bank in a sum equivalent to 10 percent of the Contract Price for the due performance of the Contract, in the form prescribed by National Social Security Fund. 4. We agree to abide by this Tender for a period of 30 days from the date fixed for tender opening of the Instructions to tenderers, and it shall remain binding upon us and may be accepted at any time before the expiration of that period. 5. Until a formal Contract is prepared and executed, this Tender, together with your written acceptance thereof and your notification of award shall constitute a binding Contract between us. 6. We understand that you are not bound to accept the lowest or any tender you may receive. Dated this ………………….day of………………………..20………………… ………………………… ………………………………………………….

[signature] [in the capacity of] Duly authorized to sign tender for and on behalf of ………………………………………………

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SECTION G. QUALIFICATION INFORMATION

1. Individual Tenderers or Individual Members of Joint Ventures

1.1 Constitution or legal status of tenderer (attach copy orIncorporation Certificate);

Place of Registration………………………………….

Principal place of Business…………………………..

Power of attorney of signatory of tender……………

1.2 Total annual volume of Services provided in the last Five years.

Year Volume

Currency Value

1.3 Work performed as a Service provider of a similar nature and volume over the last five years. Also list details of services under way or committed, including expected completion date.

NameName of

and ContactPerson

Type ofservices

provided and year ofcompletion

Value ofContract

………… ………… …………

……………… ……………… ………………

……………… ……………… ………………

………………… ………………… …………………

1.4 Current Contracts, Names and Addresses.

Name of Property Contract Dates /Contact Person Telephone

Contact

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1.5. Major items of Equipment and tools proposed for carrying out the Services. List all information requested below.

Item of

EquipmentDescription,

Make and age(Years)

Condition (new, good, poor) and number

available

Owned, leased (from whom?) or to be purchased (from whom?)

…………….. …………… ……………

……………… ……………… ………………

………………… ………………… …………………

a. Qualification and experience of key personnel proposed for administration and execution of the Contract.

Attach biographical data.

Position Name Years ofExperience

(general)

Years of experience in

proposed position

Contract Manager

Site Manager

b. Financial reports for the last three years: balance sheets, profit and loss statements, auditor’s reports etc. List below and attach copies. …………………………………………………………………………….. …………….……………………………………………………………….. c. Evidence of access to financial resources to meet the qualification requirements: cash in hand, lines of credit, etc. List below and attach copies of supportive documents. ……………………………………………………………………………… ………………………………………………………………………………

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d. Name, address and telephone, telex and fascmile numbers of banks that may provide reference if contacted by the Employer. ……………………………………………………………………………… ……………………………………………………………………………… e. Statement of Compliance with the requirements of Clause 1.2 of the Instructions to Tenderers …………………………………………………………………………………………….

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

f. Proposed program (work method and schedule) for the whole of the Services.

2. Joint Ventures 2.1 The preliminary evaluation, mandatory requirement and information listed 1.1-1.10 above shall be provided for each partner of the joint venture. 2.2 Attach the power of attorney of the signatory (ies) of the tender authorizing signature of the tender on behalf of the joint venture. 2.3 Attach the Agreement among all partners of the joint venture (and which is legally binding on all partners), which shows that:

(a) All partners shall be jointly and severally liable for the execution of the Contract in accordance with the Contract terms.

(b) One of the partners will be nominated as being in charge, authorized to incur

liabilities and receive instructions for and on behalf of any and all partners of the joint venture and;

(c) The execution of the entire Contract, including payment, shall be done exclusively

with the partner in charge.

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TENDER QUESTIONNAIRE Please fill in block letters 1. Full Names of tenderer; …………………………………………………………………… 1. Full address of tenderer to which tender correspondence is sent to (unless an agent has been appointed below); …………………………………………………………………… 2. Telephone number (s) of tenderer; …………………………………………………………………… 3. Fax of tenderer; ……………………………………………………………………… 4. Name of tenderer’s representative to be contacted on matters of the tender During the tender period; …………………………………………………………………… 5. Details of tenderer’s nominated agent (if any) to receive tender notices. This is essential if the tenderer does not have his registered address in South Africa (name, address, telephone, fax); ………………………………………………………………… ………………………………………………………………… ……………………………………. Signature of Tenderer

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CONFIDENTIAL BUSINESS QUESTIONNAIRE FIRMS/COMPANY REGISTRATION AND OWNERSHIP DETAILS CONFIDENTIAL BUSINESS QUESTIONNAIRE - GENERAL INFORMATION Category applied……………………………………………………….. Receipt Number………………………………………………………… (Attach copy) Company name………………………………………………………… P. O. Box………………… Town………………… Post code………… Telephone number(s)………………………………………………….. Fax number(s)………………………………………………………….. Email address…………………………………………………………… Physical address Building…………………………………………Floor………………….. Plot number……………………………………Door…………………… Street……………………………………………………………………… Nature of business………………………………………………………. Certificate of Registration/Incorporation No………………………….. (Attach copy) Trade license No………………………………………………………… (Attach copy) VAT registration No……………………………………………………… (Attach copy) PIN Certificate No……………………………………………………….. (Attach copy) Tax compliance certificate……………………………………………… (Attach copy) Membership to professional body……………………………………… (Attach certificate) Contact persons: Name……………………………………….

Position……………………………………

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Name……………………………………….

Position……………………………………

COMPANY PROFILE A. Names of Directors: 1…………………………………………………Nationality……………………….. 2…………………………………………………Nationality………………………... 3…………………………………………………Nationality………………………… 4…………………………………………………Nationality………………………… B. Personnel Number of staff employed…………………………………………………………… Qualifications…………………………………………………………………………. Level of experience………………………………………………………………….. C. Experience No. of years the company has been in operation…………………………………. Volume of business transacted in the last 5 years………………………………… Referees: 1………………………………………………………………………………………… 2………………………………………………………………………………………… 3………………………………………………………………………………………… Scope of ele - (attach evidence of the s you are currently serving) …………………………………………………………………………………………. ………………………………………………………………………………………….. …………………………………………………………………………………………..

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CONT’D CONFIDENTIAL BUSINESS QUESTIONNAIRE

You are requested to give the particulars indicated in Part 1 and either Part 2 (a), 2(b) or 2(c) whichever applied to your type of business.

You are advised that it is a serious offence to give false information on this form.

PART 1 GENERAL

Business Name ....................................................................................................... Location of Business Premises .............................................................................. Plot No, ................................................... Street/Road ............................................ Postal address ................. Tel No. ............................. Fax ……… Email .............. Nature of Business ................................................................................................. Registration Certificate No. ..................................................................................... Maximum value of business which you can handle at any one time – ZAR. .......... Name of your bankers ............................................................................................. Branch ....................................................................................................................

PART 2 (A) – SOLE PROPRIETOR Your name in full………………………………………………………………………… Age………………………………………………………………………………………... Nationality……………………………Country of Origin………………………………… Citizenship details………………………………………………………………………..

PART 2 (B) – PARTNERSHIP Given details of partners as follows Name Nationality Citizenship details Shares 1. …………………………………………………………………………………………2. …………………………………………………………………………………………3. ………………………………………………………………………………………...

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PART 2 (C) – REGISTERED COMPANY Private or Public ………………………………………………………………………… State the nominal and issued capital of company Nominal ZAR. ……………………………………………………………………………. Issued ZAR. ……………………………………………………………………………… Given details of all directors as follows Name Nationality Citizenship details Shares 1. ………………………………………………………………………………………… 2. ………………………………………………………………………………………… 3. ………………………………………………………………………………………… 4. …………………………………………………………………………………………

Date…………………………………….Signature of Candidate………………………..

OTHER PERSONNEL DETAILS

DESIGNATION NAME NATIONALITYSUMMARY OF QUALIFICATIONS AND EXPERIENCE

I certify that the above information is correct.

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…………………… …………………… ……………….. (Title) (Signature) (Date)

CURRICULUM VITAE (CV) FOR PROPOSED PROFESSIONAL STAFF Proposed Position: ____________Designation__________________________________ Name of Firm: ____________________________________________________________ Name of Staff: _____________________________________________________________ Profession: _______________________________________________________________ Date of Birth: _____________________________________________________________ Years with Firm: _________________________________ Nationality: ________________ Membership in Professional Societies: _________________________________________________________________________ Detailed Tasks, which will be assigned; …………………………………………………………………………………………………………... …………………………………………………………………………………………………………... Key Qualifications: (Give an outline of staff member's experience and training most pertinent to tasks on assignment. Describe degree of responsibility held by staff member on relevant previous assignments and give dates and locations). __________________________________________________________________________ Education: (Summarize college/university and other specialized education of staff member, giving names of schools, dates attended and degree(s) obtained). __________________________________________________________________________

Certification: I, the undersigned, certify that these data correctly describe me, my qualifications, and my experience. _______________________________________ Full name of staff member: _____________________________________ (Signature of staff member) Date: _________ __________________________________________Full name of authorized representative _______________________________________ (Signature of authorized representative of the firm) Date: ___________________________

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SECTION H. STATEMENT OF VERIFICATION THAT NOT DEBARRED IN THE MATTER OF THE PUBLIC PROCUREMENT AND DISPOSAL ACT 2015. I, …………………………………….of P. O. Box ………………………. being a resident of

……………………………... in the Republic of South Africa do hereby make a statement as

follows:-

1. THAT I am the Chief Executive/Managing Director/Principal Officer/Director of ………....

……………………………….. (Name of the Company) who is a Bidder in respect of

Quotation Number No. ………………….. To supply goods, render services and/or carry out

works for The Market Theatre Foundation and duly authorized and competent to make this

statement.

3. THAT the aforesaid Bidder will not engage in any corrupt practice and has not been

requested to pay any inducement to any member of the Board, Management, Staff and/or

employees and/or agents of The Market Theatre Foundation, which is the employer.

4. THAT the aforesaid Bidder, its servants and/or agents have not offered any inducement to

any member of the Board, Management, Staff and/or employees and/or agents of The

Market Theatre Foundation.

5. THAT what is deposed to hereinabove is true to the best of my knowledge information and

belief.

………………………………. ………………………… ………………………

(Title) (Signature) (Date)

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