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Page 1 of 38
REQUEST FOR PROPOSAL [RFP] FOR THE PROVISON HVAC MECHANICAL
ENGINEER
RFP NUMBER HME/ 08/ 2017
ISSUE DATE: 30 AUGUST 2017
CLOSING DATE 08 SEPTEMBER 2017 12H00
TENDER VALIDITY PERIOD: 90 DAYS FROM THE CLOSING DATE
CLOSING DATE EXTENDED 13 SEPTEMBER 2017
NON COMPULSORY SITE INSPECTION 11 SEPTEMBER 2017 TIME 11H00
Page 2 of 38
SCHEDULE OF TENDER DOCUMENTS
Part No Page
1 INVITATION TO TENDER ....................................................................................................................... 4
3 DELIVERY INSTRUCTIONS FOR RFP ..................................................................................................... 4
4 BROAD-BASED BLACK ECONOMIC EMPOWERMENT AND SOCIO-ECONOMIC OBLIGATIONS ............... 5
5 COMMUNICATION ................................................................................................................................. 7
6 INSTRUCTIONS FOR COMPLETING THE RFP ........................................................................................ 7
7 REPUDIATIONS ..................................................................................................................................... 7
8 LEGAL REVIEW ..................................................................................................................................... 8
PART 2: BACKGROUND, OVERVIEW AND SCOPE OF REQUIREMENTS ......................................................... 9
3.3 STAGE 1 - INCEPTION ..................................................................................................................... 10
3.4 STAGE 2 - CONCEPT AND VIABILITY ............................................................................................... 11
3.5 STAGE 3 - DESIGN DEVELOPMENT ................................................................................................. 12
3.6 STAGE 4 - DOCUMENTATION AND PROCUREMENT ........................................................................ 13
3.7 STAGE 5 - CONSTRUCTION ............................................................................................................ 14
3.8 STAGE 6 - CLOSE OUT .................................................................................................................... 15
4 ADDITIONAL/SUPPLEMENTARY SERVICES ......................................................................................... 15
4.1 DEVELOPMENT MANAGEMENT SERVICES ..................................................................................... 15
4.2 CONSTRUCTION MONITORING ....................................................................................................... 18
4.3 OCCUPATIONAL HEALTH AND SAFETY ACT, 1993 (ACT 85 OF 1993) .............................................. 19
4.4 QUALITY ASSURANCE SYSTEM ...................................................................................................... 19
4.5 ENGINEERING MANAGEMENT SERVICES (PRINCIPAL CONSULTANT)............................................ 19
5. GENERAL NOTES ................................................................................................................................ 23
7. GENERAL SERVICE PROVIDER OBLIGATIONS .................................................................................... 27
8. RISK .................................................................................................................................................... 27
PART 3: PROPOSAL FORM .......................................................................................................................... 30
PART 4: SIGNING POWER – RESOLUTION OF BOARD OF DIRECTORS ....................................................... 34
PART 5: CERTIFICATE OF ACQUAINTANCE WITH RFP DOCUMENTS .......................................................... 35
PART 6: CERTIFICATE OF ACQUAINTANCE WITH SCOPE OF WORK .......................................................... 37
PART 7: BREACH OF LAW FORM ................................................................................................................. 38
ANNEXURES:
Annexure A: SBD 4: Declaration of Interest
Annexure B: SBD 6.1: Preference Claim Forms
Annexure C: SBD 8: Declaration of Bidders Past Supply Chain Practices
Annexure D: SBD 9: Certificate of independent Bid Determination
Page 3 of 38
LIST OF ACRONYMS
B-BBEE Broad-Based Black Economic Empowerment
CEF (SOC) LTD Central Energy Fund – State Owned Company
Limited
PC Procurement Committee
EME Exempted Micro Enterprise
GBC General Tender Conditions
ID Identity Document
JV Joint Venture
LOA Letter of Award
NDA Non-Disclosure Agreement
PPPFA Preferential Procurement Policy Framework Act
PTN Post-Tender Negotiations
QSE Qualifying Small Enterprise
RFP Request for Proposal
SME Small Medium Enterprise
SOC State Owned Company
TCO Total Cost of Ownership
VAT Value-Added Tax
ZAR South African Rand
RFP FOR THE PROVISION OF HVAC MECHANICAL ENGINEER
Page 4 of 38
PART 1: NOTICE TO BIDDERS
1 INVITATION TO TENDER
Submissions to this RFP [hereinafter referred to as a Tender or a Proposal] are requested
from persons, companies, close corporations or enterprises [hereinafter referred to as an
entity, or Bidder].
1.1 DESCRIPTION RFP FOR THE PROVISION OF HVAC MECHANICAL ENGINEER
1.2 CLOSING DATE
12:00 13 SEPTEMBER 2017 as per CEF (SOC) Ltd clock.
Bidders must ensure that tenders are delivered timeously to the correct address. As
a general rule, if a tender is late or delivered to the incorrect address, it will not be
accepted for consideration. Any additional information or clarification will be faxed or
emailed to all bidders, if necessary.
2 PROPOSAL SUBMISSION
Proposals must be submitted in two separate envelopes, one for technical and the other
one for price to,
CEF (SOC) Ltd
152 Ann Crescent, Upper Grayston Office Park
Block C, CEF House, Ground Floor
Strathavon, Sandton, Johannesburg
RFP NO: HME/ 08/ 2017
DESCRIPTION: FOR THE PROVISION OF HVAC MECHANICAL ENGINEER
CLOSING DATE: 13 SEPTEMBER 2017
TIME: 12H00
3 DELIVERY INSTRUCTIONS FOR RFP
3.1 Delivery by hand
The proposal must be deposited in the CEF (SOC) Ltd tender box which is located
at 152 Ann Crescent, Upper Grayston Office Park, Block C, CEF House, Ground
Floor, Strathavon, Sandton, Johannesburg, and must be addressed as above:
It should also be noted that the above tender box is accessible from 07h30 to
16h30 week days only
RFP FOR THE PROVISION OF HVAC MECHANICAL ENGINEER
Page 5 of 38
3.2 Dispatch by courier
If dispatched by courier, the proposal must be addressed as above and delivered to
the above address. When signing the register, the courier company must use the
bidder’s name on the submission register at the reception.
3.3 If submissions are not delivered as stipulated herein, such submissions will not be
considered.
3.4 No email or faxed submissions will be considered.
3.5 The submissions to this RFP will be opened as soon as possible after the closing date
and time. CEF (SOC) Ltd shall not, at the opening of submissions, disclose to any
other company any confidential details pertaining to the proposals / information
received, i.e. pricing, delivery, etc.
3.6 Envelopes must not contain documents relating to any RFP other than that shown on
the envelope.
4 BROAD-BASED BLACK ECONOMIC EMPOWERMENT AND SOCIO-ECONOMIC
OBLIGATIONS
CEF (SOC) Ltd fully endorses and supports the Government’s objective of Broad-Based
Black Economic Empowerment and it is strongly of the opinion that all South African
business enterprises have an equal obligation to redress the imbalances of the past.
CEF (SOC) Ltd would therefore prefer to do business with enterprises who share these
same values and who are prepared to contribute to meaningful B-BBEE initiatives [including,
but not limited to subcontracting and Joint Ventures] as part of their tendered Submissions.
All procurement transactions will be evaluated accordingly.
4.1 B-BBEE Scorecard and Rating
As prescribed in terms of the Preferential Procurement Policy Framework Act
(PPPFA), Act 5 of 2000 and its Regulations, bidders are to note that the following
preference point systems are applicable to all tenders:
the 80/20 system for requirements with a Rand value of up to R50,000,000 (all
applicable taxes included); and
The 90/10 system for requirements with a Rand value above R50, 000,000 (all
applicable taxes included).
Bidders are to note that if the 80/20 preference point system is stipulated in this
RFP and all tenders received exceed R50, 000,000.00, the RFP must be
cancelled. Similarly, if the 90/10 preference point system is stipulated in this
RFP and all tenders received are equal to or below R50, 000,000.00, the RFP
must be cancelled.
The value of this tender is estimated NOT to exceed R50, 000,000 (all applicable
taxes included); and therefore the 80/20 system shall be applicable.
When CEF (SOC) Ltd invites prospective bidders to submit proposals for its various
expenditure, it requires bidders to have their B-BBEE status verified in compliance
with the Codes of Good Practice issued in terms of the Broad Based Black Economic
Empowerment Act No. 53 of 2003.
The Department of Trade and Industry recently revised the Codes of Good Practice
on 11 October 2013 [Government Gazette No. 36928]. The Revised Codes will
replace the Black Economic Empowerment Codes of Good Practice issued on 9
RFP FOR THE PROVISION OF HVAC MECHANICAL ENGINEER
Page 6 of 38
February 2007. The Revised Codes provide for a one-year transitional period starting
11 October 2013. During the transitional period, companies may elect to be measured
in terms of the Revised Codes or the 2007 version of the Codes. After the first year of
the implementation of the Revised Codes, B-BBEE compliance will be measured in
terms of the Revised Codes without any discretion. Companies which are governed
by Sector-specific Codes will be measured in terms of those Sector Codes.
As such, CEF (SOC) Ltd will accept B-BBEE certificates issued based on the Revised
Codes. CEF (SOC) Ltd will also continue to accept B-BBEE certificates issued in
terms of the 2007 version of the Codes provided it was issued before 10 October
2014. Thereafter, CEF (SOC) Ltd will only accept B-BBEE certificates issued based
on the Revised Codes.
Bidders are required to complete Annexure B [the B-BBEE Preference Point Claim
Form] and submit it together with proof of their B-BBEE Status as stipulated in the
Claim Form in order to obtain preference points for their B-BBEE status.
Note: Failure to submit a valid and original B-BBEE certificate or a certified copy
thereof at the Closing Date of this RFP will result in a score of zero being
allocated for B-BBEE.
4.2 B-BBEE Joint Ventures or Consortiums
Bidders who would wish to respond to this RFP as a Joint Venture [JV] or consortium
with B-BBEE entities, must state their intention to do so in their RFP submission. Such
bidders must also submit a signed JV or consortium agreement between the parties
clearly stating the percentage [%] split of business and the associated responsibilities
of each party. If such a JV or consortium agreement is unavailable, the partners must
submit confirmation in writing of their intention to enter into a JV or consortium
agreement should they be awarded business by CEF (SOC) Ltd through this RFP
process. This written confirmation must clearly indicate the percentage [%] split of
business and the responsibilities of each party. In such cases, award of business will
only take place once a signed copy of a JV or consortium agreement is submitted to
CEF (SOC) Ltd.
Bidders are to note the requirements for B-BBEE compliance of JVs or consortiums
as required by Annexure B [the B-BBEE Preference Point Claim Form] and submit it
together with proof of their B-BBEE Status as stipulated in the Claim Form in order to
obtain preference points for their B-BBEE status.
Note: Failure to submit a valid B-BBEE certificate for the JV or a certified copy thereof
at the closing date of this RFP will result in a score of zero being allocated for B-BBEE.
4.3 Subcontracting
CEF (SOC) Ltd fully endorses Government’s transformation and empowerment
objectives and when contemplating subcontracting. Bidders are requested to give
preference to companies which are Black Owned, Black Women Owned, Black Youth
Owned, owned by Black People with Disabilities, EMEs and QSEs.
If contemplating subcontracting, please note that a bidder will not be awarded points
for B-BBEE if it is indicated in its proposal that such bidder intends subcontracting
more than 25% [twenty-five per cent] of the value of the contract to an entity/entities
that do not qualify for at least the same points that the bidder qualifies for, unless the
intended subcontractor is an EME with the capability to execute the contract.
A person awarded a contract may not subcontract more than 25% [twenty-five per
cent] of the value of the contract to any other enterprise that does not have an equal
RFP FOR THE PROVISION OF HVAC MECHANICAL ENGINEER
Page 7 of 38
or higher B-BBEE status level than the person concerned, unless the contract is
subcontracted to an EME that has the capability and ability to execute the subcontract.
In terms of Annexure B of this RFP [the B-BBEE Preference Point Claim Form]
Bidders are required to indicate the percentage of the contract that will be sub-
contracted as well as the B-BBEE status of the sub-contractor/s.
5 COMMUNICATION
For specific technical queries, the dedicated CEF (SOC) Ltd employee is Sipho Masemola
email [email protected]. In the interest of fairness and transparency CEF (SOC)
Ltd’s response to such a query will then be made available to the other bidders who have
collected RFP documents. For this purpose, CEF (SOC) Ltd will communicate with bidders
using the contact details provided to the Logistics Department on issue of the tender
documentation to the bidder. Kindly ensure that you provide the Logistics Department with
the correct contact details, as CEF (SOC) Ltd will not accept responsibility for being unable
to contact a bidder who provided incorrect contact details.
5.1 After the closing date of the RFP, a bidder may only communicate with the
Procurement Department, specific person for this RFP on any matter relating to this
RFP.
5.2 Bidders are to note that changes to its submission will not be considered after the
closing date.
Bidders are warned that a proposal will be liable to disqualification should any attempt be
made by a bidder either directly or indirectly to canvass any officer or employee of CEF
(SOC) Ltd in respect of this RFP between the closing date and the date of the award of the
business. Furthermore, bidders found to be in collusion with one another will be
automatically disqualified and restricted from doing business with CEF (SOC) Ltd in the
future.
6 INSTRUCTIONS FOR COMPLETING THE RFP
6.1 Proposals must be submitted as an original and 1 copy
6.2 Both sets of documents are to be submitted to the address specified above.
6.3 All returnable documents tab led in the proposal form [Part 3] must be returned with
your Proposal.
6.4 Unless otherwise expressly stated, all Proposals furnished pursuant to this RFP shall
be deemed to be offers. Any exceptions to this statement must be clearly and
specifically indicated COMPLIANCE
The successful bidder [hereinafter referred to as the Service Provider] shall be in full and
complete compliance with any and all applicable laws and regulations.
7 REPUDIATIONS
Bidders are hereby advised that CEF (SOC) Ltd is not committed to any course of action as
a result of its issuance of this RFP and/or its receipt of proposals. In particular, please note
that CEF (SOC) Ltd reserves the right to:
7.1 Modify the RFP’s services and request bidders to re-tender on any such changes;
7.2 Reject any proposal which does not conform to instructions and scope of work which
are detailed herein;
7.3 Disqualify proposals submitted after the stated submission deadline [closing date];
7.4 Not necessarily accept the lowest priced proposal or an alternative tender;
7.5 Reject all proposals, if it so decides;
RFP FOR THE PROVISION OF HVAC MECHANICAL ENGINEER
Page 8 of 38
7.6 Withdraw the RFP on good cause shown;
7.7 Award a contract in connection with this proposal at any time after the RFP’s closing
date;
7.8 Award a contract for only a portion of the proposed services which are reflected in the
scope of this RFP;
7.9 Split the award of the contract between more than one bidder; or
7.10 Make no award of a contract.
7.11 remove or add scope of work during the contract period.
In addition, CEF (SOC) Ltd reserves the right to exclude any bidder from the tendering
process who has been found guilty of a serious breach of law during the preceding 5 [five]
years, including but not limited to breaches of the Competition Act 89 of 1998. Bidders are
required to declare such serious breach of law during the past 5 [five] years in Part 7 [Breach
of Law].
Furthermore, CEF (SOC) Ltd reserves or its authorised representatives to conduct a “due
diligence” on tender(s) regarding the Bidder’s legal and empowerment status, technical
ability, creditworthiness, security clearance, etc. By submitting a tender, bidder (s)
undertakes to co-operate fully in this regard, within two days of receiving notification from
CEF (SOC) Ltd.
CEF (SOC) Ltd reserves the right to undertake post-tender negotiations [PTN] with selected
bidders or any number of short-listed bidders, such PTN to include, at CEF (SOC) Ltd’s
option, any evaluation criteria listed in this RFP document.
CEF (SOC) Ltd reserves the right to award the business to the highest scoring bidder/s
unless objective criteria justify the award to another bidder.
CEF (SOC) Ltd reserves the right to lower the threshold for technical to 65% if no bidder
passes the predetermined minimum threshold of 70% in respect of technical requirements.
Kindly note that CEF (SOC) Ltd will not reimburse any bidder for any preparatory costs or
other work performed in connection with its proposal, whether or not the bidder is awarded
a contract.
8 LEGAL REVIEW
A proposal submitted by a bidder will be subjected to review and acceptance or rejection of
its proposed contractual terms and conditions by CEF (SOC) Ltd’s Legal Counsel, prior to
consideration for an award of business.
RFP FOR THE PROVISION OF HVAC MECHANICAL ENGINEER
Page 9 of 38
PART 2: BACKGROUND, OVERVIEW AND SCOPE OF REQUIREMENTS
1. INTRODUCTION
CEF SOC Ltd is a state-owned company involved in the search for appropriate energy
solutions to meet the energy needs of South Africa and the sub-Saharan African region. It
also manages the operation and development of the oil and gas assets of the South African
government. The company falls under the auspices of the Department of Energy (DoE). For
more information on the company you can visit our current website: www.cefgroup.co.za
2. BACKGROUND AND OVERVIEW
CEF (SOC) Ltd requires the services of a reputable and suitable service provider for THE
Heating, Ventilation, Air-Conditioning study and investigation inclusive of the preparation and
submission of the reports embodying preliminary proposal or initial feasibility studies.
3. SCOPE OF WORK
3.1 PLANNING, STUDIES, INVESTIGATIONS AND ASSESSMENTS
The services required relate to the Heating, Ventilation, Air-Conditioning study and
investigation inclusive of the preparation and submission of the reports embodying
preliminary proposal or initial feasibility studies inclusive of:
a) Consultation with the client or clients authorized representative.
b) Inspection of the site of the project.
c) Developing a scope of work where required.
d) Preliminary investigation, route location, planning and level of design appropriate to
allow decisions on feasibility and the selection of the most desirable project option.
e) Assessments of the existing built environment elements with a view to informing the
project options, scope of work and how to refurbish and or integrate new works with
existing works.
f) Consultation with the authorities having rights or powers of sanction as well as
consultation with the public and stakeholder groups.
g) Advise the client as to regulatory and statutory requirements, including environmental
screening management and the need for surveys, analysis, tests and site or other
investigations, as well as approvals, where such are required for the completion of the
report, and arranging for these to be carried out at the client’s expense.
h) Searching for, obtaining, investigating and collating available data, drawings and
plans relating to the works.
i) Investigating financial and economic implications relating to the proposals or feasibility
studies.
RFP FOR THE PROVISION OF HVAC MECHANICAL ENGINEER
Page 10 of 38
Deliverables will typically include:
Collation of information.
Report on options and technical financial feasibility and related implications.
List of consents and approvals.
Schedule of required surveys, tests, analyses, site and other investigations.
3.2 EXECUTION OF REVAMP OR RENOVATION
The works allow for a single consulting engineer where services will include that of principal
consultant inclusive of the normal services extended service from Stage1 to Stage 6 as listed
hereunder. Services will include calculations of quantities, costs estimates, cost control and
procurement processes.
3.3 STAGE 1 - INCEPTION
3.3.1 Definition
Agreeing client requirements and preferences, assessing user needs and options,
appointment of necessary consultants in establishing project brief, objectives,
priorities, constraints, assumptions and strategies in consultation with the client.
3.3.2 Standard Services
3.3.2.1 Development of a Clear Project Brief
3.3.2.1 Attend project initiation meetings
3.3.2.2 Advise on the procurement policy for the project.
3.3.2.3 Advise on the rights, constraints, consents and approvals.
3.3.2.4 Define services and scope of work required.
3.3.2.5 Conclude the terms of the agreement with the client.
3.3.2.6 Inspect the site, advise on the necessary surveys, analysis, tests and site
or other investigations where such information will be required for stage 2
including the availability and location of infrastructure and services.
3.3.2.7 Determine the availability of data, drawings, and plans relating to
the project.
3.3.2.8 Advise on the criteria specific to own scope of work that could influence the
project life cycle cost significantly.
3.3.2.9 Provide necessary information within the agreed scope of the project to
other consultants involved.
3.3.2.10 Establish in conjunction with the client, consultants, and all relevant
authorities the site characteristics necessary for the proper design and
approval of the intended project
RFP FOR THE PROVISION OF HVAC MECHANICAL ENGINEER
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3.3.2.11 Manage the integration of the preliminary design to form the basis for the
initial viability assessment of the project
3.3.2.12 Prepare, co-ordinate and monitor a Project Initiation Programme
3.3.2.13 Facilitate the preparation of the Preliminary Viability Assessment of the
project, where applicable
3.3.2.14 Facilitate client approval of all Stage 1 to 6 documentation
3.3.2.15 Deliverables
Project Brief: agreed services and scope of work.
Draft Agreements
Project Initiation Programme
Report on project, site and functional requirements.
Schedule of required surveys, tests, analysis, site and other investigations.
Record of all meetings
Approval by Client to proceed to Stage 2
3.4 STAGE 2 - CONCEPT AND VIABILITY
3.4.1 Definition
Preparation and finalization of the project concept in line with the brief, inclusive of scope,
scale, character, form and function, preliminary programme and viability.
3.4.2 Standard Services
3.4.2.1 Agree documentation programme with the principal consultant and other
consultants involved.
3.4.2.2 Attend design and consultant’s meetings.
3.4.2.3 Establish the concept design criteria.
3.4.2.4 Prepare initial concept design and related documentation.
3.4.2.5 Advise the client regarding further surveys, analysis, tests and investigations
which may be required.
3.4.2.6 Establish regulatory authorities’ requirements and incorporate into the design.
3.4.2.7 Refine and assess the concept design to ensure conformance with all regulatory
requirements and consents.
3.4.2.8 Establish access, utilities, services and connections required for the design.
3.4.2.9 Coordinate design interfaces with other consultants involved.
3.4.2.10 Prepare preliminary process designs, preliminary designs, and related
documentation for approval by authorities and client and suitable for costing.
3.4.2.11 Provide cost estimates and comment on life cycle costs as required.
RFP FOR THE PROVISION OF HVAC MECHANICAL ENGINEER
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3.4.2.12 Liaise, co-operate and provide necessary information to the client, principal
consultant and other consultants involved.
3.4.2.13 Coordinate design interfaces
3.4.2.14 Facilitate client approval of all Stage 2 documentation
3.4.2.15 Deliverable
Concept design
Schedule of required surveys, tests and other investigations and related reports
Process design
Preliminary design
Costs estimates
3.5 STAGE 3 - DESIGN DEVELOPMENT
3.5.1 Definition
Development of the approved concept to finalised design, outline specifications, cost plan,
financial viability and programme for the project.
3.5.2 Standard Services
3.5.2.1 Review documentation programme with principal consultant and other consultants
involved.
3.5.2.2 Attend design and consultants' meetings.
3.5.2.3 Incorporate client's and authorities' detailed requirements into the design.
3.5.2.4 Incorporate other consultants' designs and requirements into the design.
3.5.2.5 Prepare design development drawings including draft technical details and
specifications.
3.5.2.6 Review and evaluate design and outline specification and exercise cost control.
3.5.2.7 Prepare detailed estimates of construction cost.
3.5.2.8 Liaise, co-operate and provide necessary information to the principal consultant and
other consultants involved.
3.5.2.9 Submit the necessary design documentation to local and other authorities for approval.
3.5.2.10 Deliverables
Design development drawings.
Outline specifications.
Local and other authority submission drawings and reports.
Detailed estimates of construction costs.
Approval by Client to proceed to Stage 4
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3.6 STAGE 4 - DOCUMENTATION AND PROCUREMENT
3.6.1 Definition
Preparation of procurement and construction documentation, confirm and implement the
procurement strategies and procedures for effective and timeous procurement of
necessary resources for execution of the project.
3.6.2 Standard Services
3.6.2.1 Attend design and consultants' meetings.
3.6.2.2 Prepare specifications and preambles for the works.
3.6.2.3 Accommodate services design.
3.6.2.4 (4) Check cost estimates and adjust designs and documents if necessary to remain
within budget.
3.6.2.5 Formulate the procurement strategy for contractors or assist the principal consultant
where relevant.
3.6.2.6 Prepare documentation for contractor procurement.
3.6.2.7 Review designs, drawings and schedules for compliance with approved budget.
3.6.2.8 Call for tenders and/or negotiation of prices and/or assist the principal consultant where
relevant.
3.6.2.9 Liaise, co-operate and provide necessary information to the principal consultant and the
other consultants as required.
3.6.2.10 Evaluate tenders.
3.6.2.11 Prepare contract documentation for signature.
3.6.2.12 Assist in pricing, documentation and tender evaluation as required when the detailed
services for these activities are provided by others.
3.6.2.13 Assess samples and products for compliance and design intent.
3.6.2.14 Deliverables
Specifications
Services co-ordination.
Working drawings.
Budget construction cost.
Tender documentation.
Tender evaluation report.
Tender recommendations.
Priced contract documentation.
Contractors, subcontractors, and suppliers Procurement Strategy
Project Procurement Programme
Project Tender/Contract Conditions
Record of all meetings
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Approval by Client of tender recommendation(s).
3.7 STAGE 5 - CONSTRUCTION
3.7.1 Definition
Manage, administer and monitor the construction contracts and processes including
preparation and coordination of procedures and documentation to facilitate practical
completion of the works.
3.7.2 Standard Services
3.7.2.1 Attend site handover.
3.7.2.2 Issue construction documentation in accordance with the documentation schedule
including, in the case of structural engineering, reinforcing bending schedules and
detailing and specifications of structural steel sections and connections.
3.7.2.3 Carry out contract administration procedures in terms of the contract.
3.7.2.4 (4) Prepare schedules of predicted cash flow.
3.7.2.5 Prepare pro-active estimates of proposed variations for client decision making.
3.7.2.6 Attend regular site, technical and progress meetings.
3.7.2.7 (7) Review the Contractor's quality control programme and advise and agree a quality
assurance plan.
3.7.2.8 Inspect the works for quality and conformity to contract documentation, on average once
every 2 weeks during the course of the works Level 1: periodic construction monitoring.
3.7.2.9 Review the outputs of quality assurance procedures and advise the contractor and client
on the adequacy and need for additional controls, inspections and testing.
3.7.2.10 Adjudicate and resolve financial claims by contractor(s).
3.7.2.11 Assist in the resolution of contractual claims by the contractor.
3.7.2.12 Establish and maintain a financial control system.
3.7.2.13 Clarify details and descriptions during construction as required.
3.7.2.14 Prepare valuations for payment certificates to be issued by the principal agent.
3.7.2.15 Instruct, witness and review all tests and mock ups carried out both on and off site.
3.7.2.16 Check and approve contractor drawings for design intent.
3.7.2.17 Update and issue drawings register.
3.7.2.18 Issue contract instructions as and when required.
3.7.2.19 Review and comment on operation and maintenance manuals, guarantee certificates
and warranties.
3.7.2.20 Inspect the works and issue practical completion and defects lists.
3.7.2.21 Arrange for the delivery of all test certificates, statutory (regulatory) and other approvals,
as built drawings and operating manuals
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3.7.2.22 Deliverable*
Schedules of predicted cash flow.
Construction documentation.
Drawings register.
Estimates for proposed variations.
Contract instructions.
Financial control reports.
Valuations for payment certificates.
3.8 STAGE 6 - CLOSE OUT
3.8.1 Definition
Fulfil and complete the project close-out including necessary documentation to facilitate
effective completion, handover and operation of the project.
3.8.2 Standard Services
3.8.2.1 Inspect and verify the rectification of defects
3.8.2.2 (2) Receive, comment and approve relevant payment valuations and completion
certificates
3.8.2.3 Facilitate and/or procure final operations and maintenance manuals, guarantees and
warranties.
3.8.2.4 Prepare and/or procure as-built drawings and documentation.
3.8.2.5 Conclude the final accounts where relevant.
3.8.2.6 Deliverables
Valuations for payment certificates
Works and final completion lists
Operations and maintenance manuals, guarantees and warranties
As-built drawings and documentation
Final accounts
Prepare and present the project Close–out Report.
4 ADDITIONAL/SUPPLEMENTARY SERVICES
4.1 DEVELOPMENT MANAGEMENT SERVICES
The Engineer may, by prior mutual consent, provide the following supplementary services.
This will require agreement of both the Client and the Principal Agent Project Construction
Manager on the adjustment of the fees and disbursements.
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All services related to defining the scope of work that are normally paid for on a
time and cost basis.
Enquiries not directly concerned with the works and its subsequent utilisation.
Valuation for purchase, sale or leasing of plant, equipment, material, systems, land
or buildings or arranging for such valuation.
Making arrangements for way leaves, servitudes or expropriations.
Negotiating and arranging for the provision or diversion of services not form ing
part of the works.
Additional work in obtaining the formal approval of the appropriate Government
Departments or Public Authorities and Utilities, including the making of such
revisions as may be required as a result of decisions of such Departments or
Authorities arising out of changes in policy, undue delay, or other causes beyond
the consulting engineer 's control.
Additional work related to monitoring as required by any Government Departments
or Authorities in order to facilitate regulatory approvals and certification (e.g. Mines
Health and Safety Act 29 of 1996).
Topographical and environmental surveys, analyses, tests and site or foundation
or other investigations, model tests, laboratory tests and analyses carried out on
behalf of the client.
Setting out or staking out the works and indicating any boundary beacons and
other reference marks.
Preparation of drawings for manufacture and installation or detailed checking of
such for erection or installation fit.
Detailed inspection, reviewing and checking of designs and drawings not prepared
by the consulting engineer and submitted by any contractor or potential contractor
as alternative to those embodied in tender or similar documents prepared by the
consulting engineer.
Travel/ accommodation and travel time costs related to offsite inspection and
testing of materials and plant during manufacture and/or prior to delivery to site.
Preparing and setting out particulars and calculations in a form required by any
relevant authority.
Abnormal additional services by, or costs incurred by the consulting engineer due
to the failure of a contractor or others to perform their required duties adequately
and on time. For example:
o When the works Contract is extended beyond the awarded contract
period due to poor contractor performance or unforeseen circumstances,
attendance at meetings and related inspections are considered as
additional services. Alternatively, the portion of the fee due for the Contract
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Administration and Inspection Stage is adjusted pro-rata to the extended
duration versus the originally expected duration.
o Where more frequent inspections are required due to poor contractor
performance or other extraneous factors these are normally considered to
be additional services.
o Dealing with excessive, unreasonable and spurious claims by the
Contractor.
Executing or arranging for the periodic monitoring and adjustment of the works,
after final handover and completion of construction and commissioning, in order to
optimise or maintain proper functioning of any process or system.
Investigating or reporting on tariffs or charges leviable by or to the client.
Advance ordering or reservation of materials and obtaining licenses and permits.
Preparing detailed operating, operation and maintenance manuals.
Additional services, duties and/or work resulting from project scope changes,
alterations and/or instructions by the client, or his duly authorized agents, requiring
the consulting engineer to advise upon, review, adapt and/or alter his completed
designs and/or any other documentation and/or change the services and/or duties.
Such additional services are subject to agreement in writing between the
consulting engineer and the client prior to the execution thereof .
The frequency and extent of site administration and inspections that are required
relative to the norm: The frequency and duration of works inspections will depend
on many factors, such as the nature, complexity and duration of the project, site
location, project programme, contractor competence, important elements of the
works being enclosed or covered etc. The norm is that meetings and inspections
should occur at an average frequency of once every 2 weeks with more frequent
occurrences during critical stages of the works as described for Level 1
Construction Monitoring in 3.3.2. When the frequency of meetings and inspections
exceeds this norm then such additional attendance at meetings and related
inspections are considered as additional services ,
Preparing record drawings on designs done by others or related to alterations to
existing works.
Work and or services related to targeted procurement that could entail, but is not
necessarily limited to any or all of the following:
o incorporation of any targeted participation goals and training outcomes,
o the measuring of key participation indicators,
o the selection, appointment and administration of participation and;
o auditing compliance with the above by any contractors and/or
professional consultant.
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Exceptional arrangements, communication, facilitation and agreements with any
stakeholders other than the client and contractors appointed for the works on which
the consulting engineer provides services.
Any other additional services, of whatever nature, specifically agreed to in writing
between the consulting engineer and the client.
Arranging forward cover for imported goods, materials or services.
4.2 CONSTRUCTION MONITORING
Quality assurance (QA) during construction refers to the engineering activities that
are implemented to assure the client that works are highly likely to meet the
requirements. This is achieved through a combination of the quality control
processes that are put in place by the contractor to control its outputs and the
inspection and acceptance testing that is carried out by the consulting engineer to
confirm conformance prior to certification. While the contractor takes the ultimate
responsibility for quality and meeting the design requirements, the purpose of
quality assurance plan and related construction monitoring is to inspect and satisfy
the client and the consulting engineer that the risk of these requirements not being
met, is acceptable.
This means that the client and consulting engineer should agree a satisfactory
arrangement in respect of construction monitoring that suits the type of work, the
project location and the duration of the critical aspects of the works. Disagreement
regarding the required level of construction monitoring should not be taken lightly
and the parties should carefully consider the consequences of non-compliances
and related responsibilities, bearing in mind that the consulting engineer has a duty
of care while the client should strive to ensure quality and minimise life-cycle costs.
The level of construction monitoring and the frequency and duration of the site visits
must be agreed with the client prior to commencement of the works and should be
recorded in the agreement with the client. The level of construction monitoring and
activities related to the quality assurance plan may change during the course of the
works to reduce quality related risks and this will require an amendment of the
agreement.
The stage 5 construction monitoring services described in 0 above will normally
suffice for simple projects where more regular inspections are not required other
than during critical stages of the works with less frequent visits once the portion of
the works in which the consulting engineer is involved has largely been completed.
However, there are many other situations where more regular construction
monitoring is required for quality assurance and certification.
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Arising from the above, construction monitoring required may be defined and
described, as follows:
o Level 3: Full-time Construction Monitoring (Full time staff seconded to the
client for the duration of the works and paid for by the client). The full time
construction monitoring staff shall:
o Maintain a full time presence on site to constantly review samples of
materials and work procedures, for conformity to contract documentation,
and review completed work prior to covering up, or on completion, as
appropriate.
o Assist with the preparation of as-built records and drawings to the extent
required in the agreement with the client
o Where the consulting engineer is the sole professional service provider or
principal agent, carry out such administration of the project as is
necessary on behalf of the client.
4.3 OCCUPATIONAL HEALTH AND SAFETY ACT, 1993 (ACT 85 OF 1993)
On behalf of the Client provide additional services inclusive of:
The consulting engineer must arrange, formally and in writing, for the contractor to
provide documentary evidence of compliance with all the requirements of the
above Occupational Health and Safety Act.
The consulting engineer must execute the duties of the client, as his appointed
agent, as contemplated in the Construction Regulations to the above Occupational
Health and Safety Act.
4.4 QUALITY ASSURANCE SYSTEM
Consultation and agreement with the client on a quality management system or quality
assurance services, over and above construction monitoring services, to be applied to the
project. This in addition to normal services provided by the consulting engineer and to be
specifically defined and separately agreed in writing prior to commencement of works.
4.5 ENGINEERING MANAGEMENT SERVICES (PRINCIPAL CONSULTANT)
Should the client require the consulting engineer to undertake duties of an engineering
management nature on behalf of the client, where the project involves multi-disciplinary
team(s) the additional services will include the following:
4.5.1 Stage 1: Inception Services
4.5.1.1 Facilitate development of a clear project brief.
4.5.1.2 Establish the procurement policy for the project.
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4.5.1.3 Assist the client in the procurement of necessary and appropriate other consultants
including the clear definition of their roles and responsibilities.
4.5.1.4 Establish, in conjunction with the client, other consultants and all relevant authorities, the
site characteristics, rights and constraints for the proper design of the intended project.
4.5.1.5 Define the consultant's scope of work and services.
4.5.1.6 Conclude the terms of the agreement with the client.
4.5.1.7 Facilitate a schedule of the required consents and approvals.
4.5.1.8 Prepare, co-ordinate and monitor a project initiation programme.
4.5.1.9 Facilitate client approval of all Stage 1 documentation.
4.5.1.10 Typical deliverables:
Project brief
Agreed scope of work
Agreed services
o Project procurement policy
o Signed agreements
o Integrated schedule of consents and approvals
o Project initiation programme
o Records of all meetings
4.5.2 Stage 2: Concept and Viability Services
4.5.2.1 Assist the client in procurement of the other consultants.
4.5.2.2 Advise the client on the requirement to appoint a health and safety consultant.
4.5.2.3 Communicate the project brief to the other consultants and monitor the development of
the concept and viability.
4.5.2.4 Agree format and procedures for cost control and reporting by the other consultants.
4.5.2.5 Prepare a documentation programme and indicative construction programme.
4.5.2.6 Manage and integrate the concept and viability documentation for presentation to the
client for approval.
4.5.2.7 Facilitate approval of the concept and viability by the client.
4.5.2.8 Facilitate approval of the concept and viability by statutory authorities.
4.5.2.9 Typical deliverables
Signed consultant/client agreements
Indicative documentation programme and construction programme
Approval by the client to proceed to Stage 3
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4.5.3 Stage 3: Design Development Services
4.5.3.1 Agree and implement communication processes and procedures for the design
development of the project.
4.5.3.2 Assist the client in the procurement of the necessary other consultants including the clear
definition of their roles and responsibilities.
4.5.3.3 Prepare, co-ordinate, agree and monitor a detailed design and documentation
programme.
4.5.3.4 Conduct and record consultants ' and management meetings.
4.5.3.5 Facilitate input required by health and safety consultant.
4.5.3.6 Facilitate design reviews for compliance and cost control.
4.5.3.7 Facilitate timeous technical co-ordination.
4.5.3.8 Facilitate client approval of all Stage 3 documentation.
4.5.3.9 Typical deliverables
Additional signed client/consultant agreements
Documentation programme
Record of all meetings
Approval by the client to proceed to Stage 4
4.5.4 Stage 4: Documentation and Procurement Services
4.5.4.1 Recommend and agree procurement strategy for contractors, subcontractors and
suppliers with the client and the other consultants.
4.5.4.2 Prepare and agree the procurement programme.
4.5.4.3 Advise the client, in conjunction with the other consultants, on the appropriate
insurances.
4.5.4.4 Co-ordinate and monitor preparation of procurement documentation by the other
consultants in accordance with the project procurement programme.
4.5.4.5 Manage procurement process and recommend contractors for approval by the client.
4.5.4.6 Agree the format and procedures for monitoring and control by the quantity surveyor of
the cost of the works.
4.5.4.7 Co-ordinate and assemble the contract documentation for signature.
4.5.4.8 Typical deliverables
Procurement programme
Tender/contract conditions
Records of all meetings
Obtain approval by the client of tender recommendation(s)
Contract documentation for signature
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4.5.5 Stage 5: Contract Administration Services
4.5.5.1 Arrange site handover to the contractor.
4.5.5.2 Establish construction documentation issue process.
4.5.5.3 Agree and monitor issue and distribution of construction documentation.
4.5.5.4 Instruct the contractor on behalf of the client to appoint subcontractors.
4.5.5.5 Conduct and record regular site meetings.
4.5.5.6 Monitor, review and approve the preparation of the construction programme by the
contractor.
4.5.5.7 Regularly monitor performance of the contractor against the construction programme.
4.5.5.8 Adjudicate entitlements that arise from changes required to the construction programme.
4.5.5.9 Receive, co-ordinate and monitor approval of all contract documentation provided by
contractor(s).
4.5.5.10 Agree quality assurance procedures and monitor implementation thereof by the other
consultants and the contractors.
4.5.5.11 Monitor preparation and auditing of the contractor 's health and safety plan and approval
thereof by the health and safety consultant
4.5.5.12 Monitor preparation of the environmental management plan by the consultant.
4.5.5.13 Establish procedures for monitoring scope and cost variations.
4.5.5.14 Monitor, review, approve and issue certificates.
4.5.5.15 Receive, review and adjudicate any contractual claims.
4.5.5.16 Monitor preparation of financial control reports by the other consultants.
4.5.5.17 Prepare and submit progress reports.
4.5.5.18 Coordinate, monitor and issue practical completion and defects lists and the certificate
of practical completion.
4.5.5.19 Facilitate and expedite receipt of the occupation certificate where relevant.
4.5.5.20 Typical deliverables
Signed contracts
Approved construction programme
Construction documentation
Payment certificates
Progress reports
Record of meetings
Certificate(s) of practical completion and defects lists
4.5.6 Stage 6: Close Out Services
4.5.6.1 Co-ordinate and monitor rectification of defects.
4.5.6.2 Manage procurement of operations and maintenance manuals, guarantees and
warranties.
4.5.6.3 Manage preparation of as-built drawings and documentation.
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4.5.6.4 Manage procurement of outstanding statutory certificates.
4.5.6.5 Monitor, review and issue payment certificates.
4.5.6.6 Issue completion certificates.
4.5.6.7 Manage agreement of final account(s).
4.5.6.8 Prepare and present the project close-out report.
4.5.6.9 Typical deliverables
Completion certificates
Record of necessary meetings
Project close-out report
5. GENERAL NOTES
As these stages might overlap, the Standard Services stated hereunder may be required
to be undertaken during any one of the Project Work Stages. The order of the Standard
Services does not necessarily reflect the actual sequence of Implementation.
6. EVALUATION CRITERIA
6.1 PHASE 1
Administrative Evaluation Criteria
Initial Screening Process: At this phase bidder’s response are reviewed to check
if bidders have responded according to CEF (SOC) Ltd RFP document.
6.2 PHASE 2
Mandatory Requirements
No Mandatory Comply Not Comply
6.1 The bidder must be a Practising Engineering Company
and must be registered with Consulting Engineering
South Africa (CESA) proof to be submitted.
6.2 The Lead Engineer must be registered with Engineering
Council South Africa (ECSA) and must provide a
Professional/Membership certificate.
6.3 PHASE 3
Technical evaluation
Bidders will be evaluated according to the below technical evaluation criteria.
Minimum Technical Threshold is 70%. It must be noted that if the Bidder does not
meet the 70% minimum threshold, the bidder will be disqualified and not be
evaluated further
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Minimum Technical Threshold 70%
No. Technical Information Score Proof of
Document/s
Weighing %
6.3.1 The Bidders Experience
The bidder must provide reference letter (s), where similar services have been rendered.
Please provide reference letter (s) as proof for previous projects experience
implemented.
The reference letter (s) on client's letter head, signed and must include the company
name, contact person, contact details (telephone number) and it should indicate
when was the service done
Reference letters or more 5 Reference letter(s)
15%
Reference letters 4
Reference letters 3
Reference letters 2
Reference letter 1
No Reference letter submitted 0
No. Technical Information Score Proof of
Document/s
Weighing %
6.3.2 Experience of the Lead Engineer
The Lead Engineer that will be managing the project must have a minimum of five (5) years’
experience in defining, developing and/or implementing similar project.
Provide a copy of a 2-page C.V. of the Lead Engineer, detailing the relevant years of
experience.
8 and more years of experience
Excellent response – gives real
confidence that the respondent will add
real value regarding resource allocation
work stream identification, and previous
success in proposed position to
successfully implement the project
5 CV of the Lead
Manager
20%
> 5 years but < 8 years of experience
Above acceptable response:
demonstrates understanding of
requirements and evidence of ability to
provide specialist services for the works
as well as a strong contingent of
resources work stream allocation to
implement the project
4
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5 years of experience Lead Engineer available with average
experience
3
< 5 years’ experience Less than the required minimum
experience
0
No. Technical Information Score Proof of
Document/s
Weighing %
6.3.3 Experience of the staff
All resources/staff that will be deployed at CEF for the project should have a minimum of 3
years’ experience in their area of expertise.
Provide a copy of a 2-page C.V. for each resource that will be deployed at CEF (SOC)
Ltd
5 and more years of experience
Excellent response – gives real
confidence that the respondent will add
real value regarding resource allocation
work stream identification, and previous
success in proposed position to
successfully implement the project
5 CV of the
resources to
deployed at CEF
20%
> 3 years but < 5 years of experience Above acceptable response: demonstrates understanding of requirements and evidence of ability to provide specialist services for the works as well as a strong contingent of resources work stream allocation to implement the project
4
3 years of experience Team allocated with average experience
3
< 3 years’ experience Less than the required minimum experience
0
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No. Technical Information Score Proof of
Document/s
Weighing %
6.3.4 Execution Plan including milestones, deliverables and dates
Contains in the Execution Plan sufficient details regarding Milestones, Deliverables, Dates
and resource plan.
Excellent: Content on elements at an
exceptional level and fully understand the
project Execution Plan and with value add
5 CV of the
resources to
deployed at CEF
15%
Very Good: Content on elements at an extensive level and fully understand the project Execution Plan with no value add
4
Good: Content on elements reasonably
meeting the requirements
3
Average: Content on elements
reasonably meeting some of the
requirements on the project
2
Poor: Limited content on elements submitted or no level of understanding of the project Execution Plan.
1
No Execution plan submitted
0
Technical Information Score Proof of
Document/s
Weighing %
6.3.5 Team/ resource structure
Design team structure clearly defines the
teams specialities
5 Team structure
with
roles/Organogram
10%
Design team structure partially defines the
teams specialities
4
Design team structure does not clearly
define the teams specialities
3
Design team structure does not define the
teams specialities
2
No team structure submitted 0
Technical Information Score Proof of
Document/s
Weighing %
6.3.6 Professional Membership/Certificate
The Site Supervisor is registered with a
related Professional Body
5 Certificate 10%
The Site Supervisor is NOT registered
with the Professional Body
1
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Technical Information Score Proof of
Document/s
Weighing %
6.3.7 Professional Membership/Certificate
The Quality Assurance is registered with
a related Professional Body
5 Certificate 10%
The Quality Assurance is NOT registered
with the Professional Body
1
6.4 PHASE 4
Commercial Evaluation Criteria alignment
Commercial evaluation will be conducted on bidders who met the 70% threshold
Price 80
B-BBEE Preference Points 20
7. GENERAL SERVICE PROVIDER OBLIGATIONS
7.1 The Service Provider(s) shall be fully responsible to CEF (SOC) Ltd for the acts and
omissions of persons directly or indirectly employed by them.
7.2 The Service Provider(s) must comply with the requirements stated in this RFP.
8. RISK
Bidders must elaborate on the control measures put in place by their entity, which would
mitigate the risk to CEF (SOC) Ltd pertaining to potential non-performance by a bidder, in
relation to:
8.1 Quality of services delivered:
___________________________________________________________________
___________________________________________________________________
__________________________________________________________
8.2 Continuity of the provision of services:
___________________________________________________________________
___________________________________________________________________
__________________________________________________________
9. EVALUATION METHODOLOGY
CEF (SOC) Ltd will utilise the following methodology and criteria in selecting a preferred
Service Provider, if so required:
Phase 1: Administrative Response
Phase 2: Mandatory Requirement
Phase 3: 70% Minimum Threshold for Technical/Functionality
Phase 4: Weighted Scoring (Price and B-BBEE)
Phase 5: Post Tender Negotiations (if applicable) requesting bidders to provide
best and final offer. Final evaluation in terms of 80/20. Final award
of contract.
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9.1 Phase 1: Test for Administrative Responsiveness
The test for administrative responsiveness will include the following:
Administrative responsiveness check
Whether the Tender has been received on time
Whether all Returnable Documents were completed and returned by the
closing date and time
Verify the validity of all returnable documents (Mandatory documents)
Whether the Tender contains a priced offer
The test for administrative responsiveness [Stage One] must be passed for a
bidder’s Proposal to progress to Stage Two for further pre-qualification
9.2 Phase 2: Mandatory Requirement
9.3 Phase 3: Minimum Threshold 70% for Technical Criteria
As prescribed in terms of the PPPFA and its Regulations, bidders are to note the
following: Functionality is included as a threshold with a prescribed percentage
threshold of 80%.
The following applicable values will be utilised when scoring each criterion
mentioned above:
Points Interpretation
0 Non Responsive
1 Poor
2 Average
3 Good
4 Very good
5 Excellent
9.4 Phase 4: Evaluation and Final Weighted Scoring
Price [Weighted score 80 points]:
CEF (SOC) Ltd will utilise the following formula in its evaluation of Price:
PS = 80 (1 −Pt−Pmin
Pmin)
Where:
Ps = Score for the Tender under consideration
Pt = Price of Tender under consideration
Pmin = Price of lowest acceptable Tender
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a) Broad-Based Black Economic Empowerment criteria
[Weighted score 20 points]
B-BBEE - current scorecard / B-BBEE Preference Points Claims Form
Preference points will be awarded to a Bidder for attaining the B-BBEE status
level of contribution in accordance with the table indicated in Annexure B
Evaluation Criteria Final Weighted Scores
Price 80
B-BBEE - Scorecard 20
TOTAL SCORE: 100
9.5 Phase 5: Post Tender Negotiations (if applicable)
CEF (SOC) Ltd reserves the right to conduct post tender negotiations with a
shortlist of bidders (s). The shortlist could comprise of one or more bidders. Should
CEF (SOC) Ltd conduct post tender negotiations, Bidders will be requested to
provide their best and final offers to CEF (SOC) Ltd based on such negotiations. A
final evaluation will be conducted in terms of 80/20 and the contract will be
negotiated and awarded to the successful bidder.
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PART 3: PROPOSAL FORM
I/We____________________________________________________________________
[name of entity, company, close corporation or partnership]
of [full address]
__________________________________________________________________________
______________________________________________________________________ .....
carrying on business trading/operating as ________________________________________
represented by_____________________________________________________________
in my capacity as ___________________________________________________________
being duly authorised thereto by a Resolution of the Board of Directors or Members or Certificate
of Partners hereby offer to provide the abovementioned Services at the prices quoted in the
schedule of prices in accordance with the terms set forth in the documents listed in the
accompanying schedule of RFP documents.
I/We agree to be bound by those conditions in CEF (SOC) Ltd’s:
(i) Contract Conditions (to be available for the successful Bidder
I/We accept that unless CEF (SOC) Ltd should otherwise decide and so inform me/us in the letter
of appointment, this Proposal [and, if any, its Annexures and Appendices], together with CEF
(SOC) Ltd’s acceptance thereof shall constitute a binding contract between CEF (SOC) Ltd and
me/us.
Should CEF (SOC) Ltd decide that a formal contract should be signed and so inform me/us in a
letter of appointment, this Proposal, Purchase Order [and, if any, its Annexures and Appendices]
shall constitute a binding contract between CEF (SOC) Ltd and me/us until the formal contract is
signed.
I/We further agree that if, after I/we have been notified of the acceptance of my/our Proposal, I/we
fail to enter into a formal contract if called upon to do so, or fail to commence the provision of
Services within 4 [four] months thereafter, CEF (SOC) Ltd may, without prejudice to any other
legal remedy which it may have, recover from me/us any expense to which it may have been put
in calling for Proposals afresh and/or having to accept any less favourable Proposal.
I/We accept that any contract resulting from this offer will be for a period of 3 months. Furthermore,
I/we agree to a penalty clause/s to be negotiated with CEF (SOC) Ltd, which will allow CEF (SOC)
Ltd to invoke a penalty against us for non-compliance with material terms of this RFP including
the delayed provision of the Services In addition, I/we agree that non-compliance with any of the
material terms of this RFP, including those mentioned above, will constitute a material breach of
contract and provide CEF (SOC) Ltd with cause for cancellation.
ADDRESS FOR NOTICES
The law of the Republic of South Africa shall govern any contract created by the acceptance of
this RFP. The domicilium citandi et executandi shall be a place in the Republic of South Africa to
be specified by the Bidder hereunder, at which all legal documents may be served on the Bidder
who shall agree to submit to the jurisdiction of the courts of the Republic of South Africa. Foreign
Bidders shall, therefore, state hereunder the name of their authorised representative in the
Republic of South Africa who has the power of attorney to sign any contract which may have to
be entered into in the event of their Proposal being accepted and to act on their behalf in all
matters relating to such contract.
Bidder to indicate the details of its domicilium citandi et executandi hereunder:
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Name of Entity: ____________________________________________________________
Facsimile: ________________________________________________________________
Address:
_________________________________________________________________________
__________________________________________________________________________
_________________________________________________________________________
NOTIFICATION OF AWARD OF RFP
As soon as possible after approval to award the contract(s), the successful bidder [the Service
Provider] will be informed of the acceptance of its proposal. Unsuccessful bidders will be advised
in writing of the name of the successful Service Provider and the reason as to why their Proposals
have been unsuccessful, for example, in the category of price, delivery period, quality, B-BBEE
status or for any other reason.
VALIDITY PERIOD
CEF (SOC) Ltd requires a validity period of 90 [ninety] days [from closing date] against this RFP.
NAME(S) AND ADDRESS / ADDRESSES OF DIRECTOR(S) OR MEMBER(S)
The bidders must disclose hereunder the full name(s) and address(s) of the director(s) or
members of the company or close corporation [CC] on whose behalf the RFP is submitted.
(i) Registration number of company / C.C.
__________________________________________________
(ii) Registered name of company / C.C.
__________________________________________________
(iii) Full name(s) of director/member(s) Address/Addresses ID Number(s)
CONFIDENTIALITY
All information related to this RFP is to be treated with strict confidence. In this regard Bidders
are required to complete and return a signed copy of Certificate of Acquaintance with the Non-
Disclosure Agreement. All information related to a subsequent contract, both during and after
completion thereof, will be treated with strict confidence. Should the need however arise to
divulge any information gleaned from provision of the Services, which is either directly or indirectly
related to CEF (SOC) Ltd’s business, written approval to divulge such information must be
obtained from CEF (SOC) Ltd.
RETURNABLE DOCUMENTS
Returnable Documents means all the documents, Parts and Annexures, as listed in the tables
below.
a) Mandatory Returnable Documents
Failure to provide all mandatory Returnable Documents at the closing date and time
of this tender will result in a bidder’s disqualification. Bidders are therefore urged to
ensure that all these Documents are returned with their Proposals.
Please confirm submission of the mandatory Returnable Documents detailed below by so
indicating [Yes or No] in the table below:
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MANDATORY RETURNABLE DOCUMENTS SUBMITTED
[Yes/No]
Original and valid Tax Clearance Certificate [Consortia / Joint
Ventures must submit a separate Tax Clearance Certificate for
each party]
Price schedule
Company Profile
Lead Engineer must be registered with ECSA and must provide
a Professional/Membership certificate
b) Essential Returnable Documents
In addition to the requirements of Part (a) above, Bidders are further required to submit with
their Proposals the following essential Returnable Documents as detailed below.
Failure to provide all essential Returnable Documents may not result in a Bidder’s
disqualification. Bidders are urged to ensure that all these documents are returned
with their Proposals for fulfilling the evaluation of the responses.
Please confirm submission of these essential Returnable Documents by so indicating [Yes
or No] in the table below:
CONTINUED VALIDITY OF RETURNABLE DOCUMENTS
The successful Bidder will be required to ensure the validity of all returnable documents, including
but not limited to its Tax Clearance Certificate and valid B-BBEE Verification Certificate, for the
duration of any contract emanating from this RFP. Should the Bidder be awarded the contract
[the Agreement] and fail to present CEF (SOC) Ltd with such renewals as and when they become
due, CEF (SOC) Ltd shall be entitled, in addition to any other rights and remedies that it may have
in terms of the eventual Agreement, to terminate such Agreement forthwith without any liability
ESSENTIAL RETURNABLE DOCUMENTS & SCHEDULES SUBMITTED
[Yes or No]
B-BBEE Certificate
CSD Summary Report
PART 3 : Proposal Form
PART 4 : Signing Power - Resolution of Board of Directors
PART 5 : Certificate of Acquaintance with RFP Documents
PART 6 : Certificate of Acquaintance with Scope of Work
PART 7 : Breach of Law Form
ANNEXURE A : SBD 4 Declaration of Interest
ANNEXURE B : SBD 6.1 Preference Claim Form
ANNEXURE C : SBD 8 Declaration of Bidder’s Past SCM Practises
ANNEXURE D : SBD 9 Certificate of Independent Bid Determination
Reference letters
RFP FOR THE PROVISION OF HVAC MECHANICAL ENGINEER
Page 33 of 38
and without prejudice to any claims which CEF (SOC) Ltd may have for damages against the
Bidder.
By signing these RFP documents, the Bidder is deemed to acknowledge that he/she has made
himself/herself thoroughly familiar with all the conditions governing this RFP, including those
contained in any printed form stated to form part hereof, and CEF (SOC) Ltd SOC Ltd will
recognise no claim for relief based on an allegation that the bidder overlooked any such condition
or failed properly to take it into account for the purpose of calculating tendered prices or otherwise
RFP FOR THE PROVISION OF HVAC MECHANICAL ENGINEER
Page 34 of 38
PART 4: SIGNING POWER – RESOLUTION OF BOARD OF DIRECTORS
NAME OF ENTITY: ______________________________________________
It was resolved at a meeting of the Board of Directors held on ____________ that
FULL NAME(S) CAPACITY
________________________ ______________________________
________________________ ______________________________
________________________ ______________________________
_______________________ ______________________________
in his/her capacity as indicated above is/are hereby authorised to enter into, sign, execute and
complete any documents relating to this Proposal and any subsequent Agreement for the
provision of Services. A list of those person(s) authorised to negotiate on behalf of the
abovementioned entity [if not the authorised signatories] is also submitted along with this Proposal
together with their contact details.
FULL NAME ________________________ __________________________
SIGNATURE CHAIRMAN
FULL NAME _________________________ __________________________
SIGNATURE SECRETARY
RFP FOR THE PROVISION OF HVAC MECHANICAL ENGINEER
Page 35 of 38
PART 5: CERTIFICATE OF ACQUAINTANCE WITH RFP DOCUMENTS
NAME OF ENTITY: __________________________________________________
1. I/We _____________________________________________________ do hereby certify
that I/we acquainted myself/ourselves with all the documentation comprising this RFP and
all conditions contained therein, as laid down by CEF (SOC) Ltd SOC Ltd for the carrying
out of the proposed service for which I/we submitted my/our Proposal.
2. I/we furthermore agree that CEF (SOC) Ltd shall recognise no claim from me/us for relief
based on an allegation that I/we overlooked any RFP/contract condition or failed to take it
into account for the purpose of calculating my/our offered prices or otherwise.
3. I/We accept that an obligation rests on me/us to clarify any uncertainties regarding this
Tender which I/we may have, before submitting the Tender. I/We agree that I/we will have
no claim based on an allegation that any aspect of this RFP was unclear but in respect of
which I/we failed to obtain clarity.
4. I/we understand that the accompanying Tender will be disqualified if this Certificate is found
not to be true and complete in every respect.
5. For the purposes of this Certificate and the accompanying Tender, I/we understand that the
word “competitor” shall include any individual or organisation, other than the Bidder, whether
or not affiliated with the Bidder, who:
a) Has been requested to submit a Tender in response to this Tender invitation;
b) Could potentially submit a Tender in response to this Tender invitation, based on their
qualifications, abilities or experience; and
c) Provides the same Services as the Bidder and/or is in the same line of business as
the Bidder
6. The Bidder has arrived at the accompanying Tender independently from, and without
consultation, communication, agreement or arrangement with any competitor. However
communication between partners in a joint venture or consortium will not be construed as
collusive Tendering.
7. In particular, without limiting the generality of paragraph 5 above, there has been no
consultation, communication, agreement or arrangement with any competitor regarding:
a) Prices;
b) Geographical area where Services will be rendered [market allocation]
c) Methods, factors or formulas used to calculate prices;
d) The intention or decision to submit or not to submit, a Tender;
e) The submission of a Tender which does not meet the scope of work and conditions of
the RFP; or
f) Tendering with the intention of not winning the Tender.
RFP FOR THE PROVISION OF HVAC MECHANICAL ENGINEER
Page 36 of 38
8. In addition, there have been no consultations, communications, agreements or
arrangements with any competitor regarding the quality, quantity, scope of work and
conditions or delivery particulars of the Services to which this RFP relates.
9. The terms of the accompanying Tender 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
Tender opening or of the awarding of the contract.
10. I/We am/are aware that, in addition and without prejudice to any other remedy provided to
combat any restrictive practices related to tenders and contracts, Tenders that are
suspicious will be reported to the Competition Commission for investigation and possible
imposition of administrative penalties in terms of Part 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 10 [ten] years in terms of the Prevention and Combating of Corrupt
Activities Act No 12 of 2004 or any other applicable legislation.
SIGNED at ___________________________ on this _____ day of
___________________20___
_____________________________ __________________
SIGNATURE OF WITNESS SIGNATURE OF BIDDER
RFP FOR THE PROVISION OF HVAC MECHANICAL ENGINEER
Page 37 of 38
PART 6: CERTIFICATE OF ACQUAINTANCE WITH SCOPE OF WORK
I/We ________________________________________________________ do hereby certify that
I/we acquainted myself/ourselves with all the documentation comprising the Scope of Work for the
carrying out of the proposed Services for which I/we submitted my/our Proposal.
I/We furthermore agree that CEF (SOC) Ltd SOC Ltd shall recognise no claim from me/us for
relief based on an allegation that I/we overlooked any provisions of the Scope of Work or failed to
take it into account for the purpose of calculating my/our offered prices or otherwise.
I/We confirm having been advised that a signed copy of this Schedule can be submitted in lieu of
the Scope of Work as confirmation in terms of the Returnable Schedule.
SIGNED at ___________________________ on this _____ day of
___________________20___
_____________________________ ___________________
SIGNATURE OF WITNESS SIGNATURE OF BIDDER
RFP FOR THE PROVISION OF HVAC MECHANICAL ENGINEER
Page 38 of 38
PART 7: BREACH OF LAW FORM
NAME OF ENTITY: ___________________________________________________
I/We_______________________________________________________________
do hereby certify that I/we have/have not been [delete as applicable] found guilty during the
preceding 5 [five] years of a serious breach of law, including but not limited to a breach of the
Competition Act, 89 of 1998, by a court of law, tribunal or other administrative body. The type of
breach that the Bidder is required to disclose excludes relatively minor offences or
misdemeanours, e.g. traffic offences.
Where found guilty of such a serious breach, please disclose:
NATURE OF BREACH:
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________
DATE OF BREACH:
____________________________________________________________________
Furthermore, I/we acknowledge that CEF (SOC) Ltd SOC Ltd reserves the right to exclude any
Bidder from the Tendering process, should that person or entity have been found guilty of a
serious breach of law, tribunal or regulatory obligation.
SIGNED at ___________________________on this _________ day of
_______________________20__
_____________________________ ___________________
SIGNATURE OF WITNESS SIGNATURE OF BIDDER