ONDERSTEPOORT BIOLOGICAL PRODUCTS SOC LTD BID DOCUMENT BID NUMBER: OBP17/09/GMP02

Transcription

1 ONDERSTEPOORT BIOLOGICAL PRODUCTS SOC LTD BID DOCUMENT BID NUMBER: OBP17/09/GMP02 BID DESCRIPTION: GMP PROJECT: FACILITY RECONSTRUCTION AND UPGRADE GMP PROJECT: FACILITY RECONSTRUCTION AND UPGRADE CLOSING DATE: 04 October H00 PREPARED FOR: ONDERSTEPOORT BIOLOGICAL PRODUCTS SOC LTD NO. 100 OLD SOUTPAN ROAD ONDERSTEPOORT TEL : PREPARED BY: EQUATE AFRICA 1262 HEUWEL ROAD, CENTURION SQUARE SUITE 5 CENTURION 0157 TEL : BIDDER: SARS (PIN): CRS NO.: BID AMOUNT (VAT INCLUSIVE): R BID AMOUNT IN WORDS:

2 VERY IMPORTANT NOTICE ON DISQUALIFICATION A Bid not complying with the peremptory requirements stated hereunder will be regarded as being a not Acceptable Bid and as such will be rejected. Acceptable Bid means any bid which, in all respects, complies with the conditions of the Bid and Specifications as set out in the bid document, including conditions as specified in the Preferential Procurement Policy Framework Act, 2000 and related legislation as published in Government Gazette No 20854, in terms of which provision is made for this policy. 1. Submit bid in the correct bid box 2. Submit bid before closing date and time 3. Fill in the required information in all Forms/Bills 4. Complete all Forms/Bills in black ink. Do not use pencils or correction fluid to make corrections 5. Make corrections, if necessary, only by placing a line across the words/numbers to be corrected and initial next to the amended text. Do not scratch out, write over rates, paint over rates or use correction fluid 6. Do not remove pages from the bid document 7. Ensure that witnesses signed where required 8. Price the Bill of Quantities as required completely 9. Attend the compulsory site/clarification meetings 10. Submit the applicable completed Authority for Signatory form and attach a certified copy of the members/directors resolution 11. Attach to the bid documents a copy of a signed Joint Venture agreement (if applicable) 12. Only the person authorised to do so may sign the bid offer 13. A valid tax clearance certificate (in the case of a joint venture, of all the partners in the joint venture) must be submitted with the bid document on closing date of the bid 15. Complete and sign the Form of Offer 16. Correct CIDB rating needs to be met Furthermore, the bid will be considered as not acceptable if: 17. The bidder attempts to influence, or has in fact influenced the evaluation of the bid and/or the awarding of the contract 18. The bidder or any of his directors is listed on the Register of Bid 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 or appears on the list of restricted service providers in the CIBD Gazette 19. The bidder has abused the OBP s Supply Chain Management System 20. Irrespective of the procurement process followed, no award may be given to a personi. who is in the service of the state, or ii. if that person is not a natural person, of which any director, manager, principal shareholder or stakeholder is a person in the service of the state; or iii. who is an advisor or consultant contracted with the OBP in respect of contract that would cause a conflict of interest 21. The bidder may only submit a bid on the documentation provided by the OBP 22. The successful candidate must ensure that at least 30% of the work relating to the provision of services in terms of this tender, is sub-contracted preferably to black women and youth local contractors. 23. This project will progress in three (3) phases. Phase 1 will immediately ensue however Phases 2 and 3 will only commence at a stage and time determined by the client, subject to the availability of funding.

3 Bids containing any one or more of the following errors or omissions will not be rejected, provided that when the bid is awarded to such a bidder, the error or omission is corrected: Bidder: Initial of authorised signatory/ies OBP: Initial Witness: Initial NOTE: IN THIS DOCUMENT AND OTHER DOCUMENTS REFERRED TO BUT NOT ATTACHED, THE FOLLOWING WORDS ARE SYNONYMOUS WITH EACH OTHER 1. CLIENT, EMPLOYER, ONDERSTEPOORT BIOLOGICAL PRODUCTS SOC LTD (OBP) 2. BIDDER, CONTRACTOR, SERVICE PROVIDER 3. BID AND BID AND VARIATIONS THEREOF 4. JOINT VENTURE / CONSORTIUM Bidder: Initial of authorised signatory/ies OBP: Initial Witness: Initial

4 ONDERSTEPOORT BIOLOGICAL PRODUCTS SOC LTD GMP PROJECT: FACILITY RECONSTRUCTION AND UPGRADE GMP PROJECT: FACILITY RECONSTRUCTION AND UPGRADE Number Heading The Bid Part T1: Bidding procedures INDEX Page no. T1.1 Bid Notice and Invitation to Bid... T 1-3 T1.2 Bid Data... T Part T2: Returnable documents T2.1 List of Returnable Documents... T T2.2 Returnable Schedules... T The Contract Part C1: Agreement and Contract Data C1.1 Form of Offer and Acceptance... C C1.2 Contract Data... C C1.3 Form of Guarantee... C Part C2: Pricing data C2.1 Pricing Instructions... C C2.2 Bill of Quantities... C Part C3: Scope of Work C3 Scope of Work... C 3.1 Part C4: Site information C4 Site Information... C 4.1 Bid No. OBP17/09/GMP02 T1-1 T1.1 Part T1: Bidding procedures Bid Notice and Invitation to Bid

5 ONDERSTEPOORT BIOLOGICAL PRODUCTS SOC LTD GMP PROJECT: FACILITY RECONSTRUCTION AND UPGRADE OBP SITE PART T1 BIDDING PROCEDURE Bid No. OBP17/09/GMP02 T1-2 T1.1 Part T1: Bidding procedures Bid Notice and Invitation to Bid

6 ONDERSTEPOORT BIOLOGICAL PRODUCTS SOC LTD GMP PROJECT: FACILITY RECONSTRUCTION AND UPGRADE GMP PROJECT: FACILITY RECONSTRUCTION AND UPGRADE OBP SITE PART T1.1 BID NOTICE AND INVITATION TO BID Bid No. OBP17/09/GMP02 T1-3 T1.1 Part T1: Bidding procedures Bid Notice and Invitation to Bid

7 ONDERSTEPOORT BIOLOGICAL PRODUCTS SOC LTD BID NUMBER: OBP 17/09/GMP02 GMP PROJECT: FACILITY RECONSTRUCTION AND UPGRADE GMP PROJECT: FACILITY RECONSTRUCTION AND UPGRADE ONDERSTEPOORT BIOLOGICAL PRODUCTS SOC LTD (OBP) hereby invites bids for: Bid No: OBP 17/09/GMP02 Bid Description: GMP PROJECT: FACILITY RECONSTRUCTION AND UPGRADE Compulsory clarification meeting: OBP, No. 100 Old Soutpan Road, Onderstepoort, on 21 September 2017 at 10H00am Closing date: 04 October 2017 at 13H00am Bid box: ONDERSTEPOORT BIOLOGICAL PRODUCTS SOC LTD No. 100 Old Soutpan Road, Onderstepoort Supply chain enquiries: Mr Gerrie van Wyk at Technical enquiries: Mr. Simphiwe Ntombela at Acceptable bids will be evaluated by using a system that awards points on the basis of financial offer, functionality and preferences, as set out in the bid document. The bid will be evaluated in terms of: 90/10 PREFERENCE POINTS SCORING SYSTEM. Price 90 points Preference Points, B-BBEE Level of Contribution 10 points Total 100 points Bids will be evaluated on level of functionality Bid documents will be available as from 12:00 on 19 September 2017 from OBP website ( and e-tender website ( A limited amount of bid documents will be available on compact disck only at the following address: ONDERSTEPOORT BIOLOGICAL PRODUCTS SOC LTD, No. 100 Old Soutpan Road, Onderstepoort on 19 September 2017 and on 21 September 2017 at the clarification meeting. Bids are to be completed in accordance with the conditions and bid rules contained in the bid documents and supporting documents must be sealed and externally endorsed with THE CONTRACT NUMBER AND PROJECT DESCRIPTION (ALSO PROVIDE BID DOCUMENT ON A CD) and placed in the bid box indicated above before the closing time and date. All bids shall hold good for 180 days as from the closing date of bids. Bidders attention is specifically drawn to the provisions of the bid rules which are included in the bid documents. The lowest or any bid will not necessarily be accepted and the OBP reserves the right not to consider any bid not suitably endorsed or comprehensively completed, as well as the right to accept a bid in whole or part. Bids completed in pencil will be regarded as invalid bids. Bids may only be submitted on the documentation provided by the ONDERSTEPOORT BIOLOGICAL PRODUCTS SOC LTD. The following information may be submitted together with the bid document: B-BBEE Status Level Verification Certificates, Company Profile and Tax Clearance Certificate. CRS Number indicating class grading of minimum 7GB or 7ME PE). OBP reserves the right to reject any and all Bids at any time. Bid No. OBP17/09/GMP02 T1-4 T1.1 Part T1: Bidding procedures Bid Notice and Invitation to Bid

8 ONDERSTEPOORT BIOLOGICAL PRODUCTS SOC LTD GMP PROJECT: FACILITY RECONSTRUCTION AND UPGRADE GMP PART T1.2 BID DATA Bid No. OBP 17/09/GMP02 T 2-1- T2.1 Part T2: Returnable documents List of Returnable Documents

9 ONDERSTEPOORT BIOLOGICAL PRODUCTS SOC LTD OBP-GMP PROJECT: FACILITY RECONSTRUCTION AND UPGRADE T1.2 Bid Data The conditions of Bid are the Standard Conditions of Bid as contained in Annex F of the CIDB Standard for Uniformity in Construction Procurement (see which are reproduced without amendment or alteration for the convenience of bidders as an Annex to this Bid Data. The Standard Conditions of Bid makes several references to the Bid Data for details that apply specifically to this Bid. The Bid Data shall have precedence in the interpretation of any ambiguity or inconsistency between it and the Standard Conditions of Bid. Each item of data provided below is crossreferenced to the clause in the Standard Conditions of Bid to which it mainly applies. The additional Conditions of Bid are: Clause number Bid Data F1.1 The Employer is the ONDERSTEPOORT BIOLOGICAL PRODUCTS SOC LTD F1.2 The Bid document issued by the Employer comprises: T1.1 Bid Notice and Invitation to Bid T1.2 Bid Data T2.1 List of returnable documents T2.2 Returnable Schedules Part 1: Agreements and contract data C1.1 Form of offer and acceptance C1.2 Contract data C1.3 Form of Guarantee C1.4 Adjudicator s appointment Part 2: Pricing data C2.1 Pricing instructions C2.2 Bill of Quantities Part 3: Scope of work C3 Scope of work Part 4: Site information C4 Site information Part 5: Annexures The following documents also form part of the bid and contract, but must be purchased by the bidder himself Model Preambles forming part of the Bill of Quantities, 1998 Edition Bid No. OBP 17/09/GMP02 T 2-1- T2.1 Part T2: Returnable documents List of Returnable Documents

10 F1.3 The Employer s principal agent is: Name: Mervin Govender Address: 354 Rivonia Boulavard Ilillipark Office Park, RivoniaOnderstepoort Tel: merving@decglobal.co.za F2.1 Only those Bidders who have in their employ management and supervisory staff satisfying the requirements of the Scope of Work for labour intensive competencies for supervisory and management staff are eligible to submit bids. Only those bidders who are registered with the CIDB, or are capable of being so prior to the evaluation of submissions, in a 7GB (7ME PE) class of civil work and are registered with the CIDB as having a track record, are eligible to submit a Bid. F2.7 The arrangements for a compulsory clarification meeting are as stated in the Bid Notice and Invitation to Bid. Bidders must sign the attendance list in the name of the Bidding entity. Addenda will be issued to bidders on the attendance list, and bids will be received only from those bidding entities appearing on the attendance list. F2.8 The Bidder may request clarification of the tender documetns by notifying the employer atleast five (5) working days before the closing time and date stated in the bid data. F2.12 No alternative tender offers will be considered. F The list of Returnable Documents identifies which of the documents a Bidder must complete when submitting a tender offer. The Bidder must submit his tender offer by completing the Returnable Documents, signing the Offer section in the Form of Offer and Accemptance delivering the Returbable Documents back to the entity. F The closing time for submission of Bids is as stated in the Bid Notice and Invitation to Bid. Telephonic, telegraphic, telex, facsimile or ed Bid offers will not be accepted. F The Bid offer validity period is 180 days. F2.23 The Bidder is required to submit with his bid a valid tax clearance certificate and / or a unique Personal Identification Number (PIN) issued by the South African Revenue Services (where consortium, JV / Sub-contractors are involved, each party to the association must submit a separate valid tax clearance certificate or a unique security personal identification number); The Bidder is required to submit with his Bid his CIDB Contractor Registration No. (CRS No.) issued by the CIDB. Where a bidder satisfies CIDB contractor class grading designation requirements through joint venture formation, such a bidder must submit the CRS No s in respect of each partner of the joint venture/consortium. The Lead partner must have the CIDB grading required refer to CIDB regulations for Consortiums. F3.4 Bids will be opened immediately after the closing time for bids at the ONDERSTEPOORT BIOLOGICAL PRODUCTS SOC s offices in Onderstepoort. Bid No. OBP 17/09/GMP02 T 2-1- T2.1 Part T2: Returnable documents List of Returnable Documents

11 F3.11 The procedure for the evaluation of responsive bids will be Method 2, with Functionality. Functionality criteria is as follows: Bid No. OBP 17/09/GMP02 T 2-1- T2.1 Part T2: Returnable documents List of Returnable Documents

12 F3.13 Bid offers will only be accepted if: a) The Bidder has submitted with his bid a valid tax clearance certificate and / or a unique Personal Identification Number (PIN) issued by the South African Revenue Services (where consortium, JV / Sub-contractors are involved, each party to the association must submit a separate valid tax clearance certificate or a unique security personal identification number); b) the bidder is registered with the Construction Industry Development Board in an appropriate contractor grading designation; c) the bidder or any of its directors is not listed on the Register of Bid 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; d) the bidder has not: i) abused the Employer s Supply Chain management system; or ii) failed to perform on any previous contract and has been given a written notice to this effect; and e) the bidder has completed the Compulsory Enterprise Questionnaire and there is no conflict of interest which may impact on the bidder s ability to perform the contract in the best interests of the Employer or potentially compromise the bid process. f) the bidder does not have arrears on municipal rates and levies exceeding 3 months. g) the bidder has completed all forms. h) the bidder does not appear on the list og restricted service providers. i) the bidder appears in the CIDB register F3.14 The number of paper copies of the signed contract to be provided by the Employer is one. Bid No. OBP 17/09/GMP02 T 2-1- T2.1 Part T2: Returnable documents List of Returnable Documents

13 F3.5 The following shall be applicable in relation to all sub-contracting in the implementation of this contract. If feasible to subcontract for a contract above R30 million, an organ of state must apply subcontracting to advance designated groups. This specific tendering condition is that the successful tenderer must subcontract a minimum of 30% of the value of the contract to- (a) an EME or QSE; (b) an EME or QSE which is at least 51% owned by black people; (c) an EME or QSE which is at least 51% owned by black people who are youth; (d) an EME or QSE which is at least 51% owned by black people who are women; (e) an EME or QSE which is at least 51% owned by black people with disabilities; (f) an EME or QSE which is 51% owned by black people living in rural or underdeveloped areas or townships; (g) a cooperative which is at least 51% owned by black people; (h) an EME or QSE which is at least 51% owned by black people who are military veterans; Tenderers are to demonstrate the how and which which scope of works will be subcontracted to the abovementioned groups. A tender that fails to meet any pre-qualifying criteria stipulated in the tender documents will be deemed an unacceptable tender. This gazette is also available free online at 28 No GOVERNMENT GAZETTE, 20 JANUARY Bid No. OBP 17/09/GMP02 T 2-1- T2.1 Part T2: Returnable documents List of Returnable Documents

14 PART T2 RETURNABLE DOCUMENTS AND SCHEDULES PART T2.1 LIST OF RETURNABLE DOCUMENTS Bid No. OBP 17/09/GMP02 T 2-1- T2.1 Part T2: Returnable documents List of Returnable Documents

15 ONDERSTEPOORT BIOLOGICAL PRODUCTS SOC LTD GMP PROJECT: FACILITY RECONSTRUCTION AND UPGRADE GMP PROJECT: FACILITY RECONSTRUCTION AND UPGRADE OBP SITE T2.1 List of Returnable Documents Bidders are required to submit the following returnable documents with their bids: 1. Returnable Documents Compulosry Enterprise Questionnaire Certificate of Resolution of Board of Directors Certificate of Resolution of Board of Directors to enter into a Consortia or Joint Venture Certificate of Special Resolution of Consortia or Joint Venture Record of Addenda to Bid Documents Proposed Amendments and Qualifications Schedule of Sub-Contractors Schedule of Plant Equipment Schedule of Tenderer s Experience OHS Tax Clarification Certificate Declaration of Interest SBD 4 Preferential Point Claim Form BBBEE Status Level of Contribution SBD 6.1. Declaration of Supply Chain Management Practices SBD 8 Certificate of Independent Bid Determination SBD 9 2. Other Documents Certified Copy of Workmen s Compensation Certificate, Act 4 of 2002 Certified Copy of Unemployment Insurance Certificate, Act 4 of 2002 Certified Copy of Identity Document (if bidder is a One-man concern) Joint Venture Agreement (if bidder is a Joint Venture) Curriculum Vitae of all supervisory staff Completed Parent Company Guarantee A letter of intent from the tenderer s Guarantor confirming that the tenderer will provide the Performance Security Bond Completed Advance Payment Guarantee Completed Retention Money Guarantee Bid No. OBP 17/09/GMP02 T 2-1- T2.1 Part T2: Returnable documents List of Returnable Documents

16 Bid No. OBP 17/09/GMP02 T 2-1- T2.1 Part T2: Returnable documents List of Returnable Documents

17 ONDERSTEPOORT BIOLOGICAL PRODUCTS SOC LTD GMP PROJECT: FACILITY RECONSTRUCTION AND UPGRADE GMP PROJECT: FACILITY RECONSTRUCTION AND UPGRADE OBP SITE 0 Bid No. OBP 17/09/GMP02 T 2-1- T2.1 Part T2: Returnable documents List of Returnable Documents

18 Compulsory Enterprise Questionnaire The following particulars must be furnished. In the case of a joint venture, separate enterprise questionnaires in respect of each partner must be completed and submitted. Section 1: Name of enterprise: Section 2: VAT registration number, if any: Section 3: CIDB registration number, if any: Section 4: Particulars of sole proprietors and partners in partnerships Name* Identity number* Personal income tax number* * Complete only if sole proprietor or partnership and attach separate page if more than 3 partners Section 5: Particulars of companies and close corporations Company registration number Close corporation number Tax reference number Section 6: Record in the service of the state Indicate by marking the relevant boxes with a cross, if any sole proprietor, partner in a partnership or director, manager, principal shareholder or stakeholder in a company or close corporation is currently or has been within the last 12 months in the service of any of the following: a member of any municipal council a member of any provincial legislature a member of the National Assembly or the National Council of Province a member of the board of directors of any municipal entity an official of any municipality or municipal entity an employee of any provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance Management Act, 1999 (Act 1 of 1999) a member of an accounting authority of any national or provincial public entity an employee of Parliament or a provincial legislature If any of the above boxes are marked, disclose the following: Name of sole proprietor, partner, director, manager, principal shareholder or stakeholder Name of institution, public office, board or organ of state and position held Status of service (tick appropriate column) Current Within last 12 months *insert separate page if necessary Section 7: Record of spouses, children and parents in the service of the state Indicate by marking the relevant boxes with a cross, if any spouse, child or parent of a sole proprietor, partner in a partnership or director, manager, principal shareholder or stakeholder in a company or close corporation is currently or has been within the last 12 months been in the service of any of the following: a member of any municipal council a member of any provincial legislature a member of the National Assembly or the an employee of any provincial department, national or provincial public entity or constitutional institution 1 Bid No. OBP 17/09/GMP02 T 2-1- T2.1 Part T2: Returnable documents List of Returnable Documents

19 National Council of Province a member of the board of directors of any municipal entity an official of any municipality or municipal entity within the meaning of the Public Finance Management Act, 1999 (Act 1 of 1999) a member of an accounting authority of any national or provincial public entity an employee of Parliament or a provincial legislature Name of spouse, child or parent Name of institution, public office, board or organ of state and position held Status of service (tick appropriate column) Current Within last 12 months *insert separate page if necessary The undersigned, who warrants that he / she is duly authorized to do so on behalf of the enterprise: i) authorizes the Employer to obtain a tax clearance certificate from the South African Revenue Services that my / our tax matters are in order; ii) confirms that the neither the name of the enterprise or the name of any partner, manager, director or other person, who wholly or partly exercises, or may exercise, control over the enterprise appears on the Register of Tender Defaulters established in terms of the Prevention and Combating of Corrupt Activities Act of 2004; iii) confirms that no partner, member, director or other person, who wholly or partly exercises, or may exercise, control over the enterprise appears, has within the last five years been convicted of fraud or corruption; iv) confirms that I / we are not associated, linked or involved with any other tendering entities submitting tender offers and have no other relationship with any of the tenderers or those responsible for compiling the scope of work that could cause or be interpreted as a conflict of interest; and iv) confirms that the contents of this questionnaire are within my personal knowledge and are to the best of my belief both true and correct. Signed Date Name Position Enterprise name 2 Bid No. OBP 17/09/GMP02 T 2-1- T2.1 Part T2: Returnable documents List of Returnable Documents

20 RESOLUTION OF BOARD OF DIRECTORS RESOLUTION of a meeting of the Board of *Directors / Members / Partners of: (legally correct full name and registration number, if applicable, of the Enterprise) Held at on (place) (date) RESOLVED that: 1 The Enterprise submits a Tender to the in respect of the following project: (project description as per Tender Document) Tender Number: (Tender Number as per Tender Document) 2 *Mr/Mrs/Ms: in *his/her Capacity as: (Position in the Enterprise) and who will sign as follows: be, and is hereby, authorised to sign the Tender, and any and all other documents and/or correspondence in connection with and relating to the Tender, as well as to sign any Contract, and any and all documentation, resulting from the award of the Tender to the Enterprise mentioned above. Name Capacity Signature Note: 1. * Delete which is not applicable. ENTERPRISE STAMP 2. NB. This resolution must be signed by all the Directors / Members / Partners of the Tendering Enterprise. 3 Bid No. OBP 17/09/GMP02 T 2-1- T2.1 Part T2: Returnable documents List of Returnable Documents

21 RESOLUTION OF BOARD OF DIRECTORS TO ENTER INTO CONSORTIA OR JOINT VENTURES RESOLUTION of a meeting of the Board of *Directors / Members / Partners of: (Legally correct full name and registration number, if applicable, of the Enterprise) held at (place) on (date) RESOLVED that: 1 The Enterprise submits a Tender, in consortium/joint venture with the following Enterprises: (List all the legally correct full names and registration numbers, if applicable, of the Enterprises forming the consortium/joint venture) to in respect of the following project: (Project description as per Tender Document) Tender Number: (Tender Number as per Tender Document) 2 *Mr/Mrs/Ms: in *his/her Capacity as: (Position in the Enterprise) and who will sign as follows: be, and is hereby, authorised to sign a consortium/joint venture agreement with the parties listed under item 1 above, and any and all other documents and/or correspondence in connection with and relating to the consortium/joint venture, in respect of the project described under item 1 above. 3 The Enterprise accept joint and several liability with the parties listed under item 1 above for the due fulfilment of the obligations of the joint venture deriving from, and in any way connected with, the Contract to be entered into with the Department in respect of the project described under item 1 above. 4 The Enterprise choose as its domicilium citandi et executandi for all purposes arising from this joint venture agreement and the Contract with the Department in respect of the project under item 1 above: Physical address: (code) Bid No. OBP 17/09/GMP02 T 2-1- T2.1 Part T2: Returnable documents List of Returnable Documents

22 Postal Address: (code) Telephone number: (code) Fax number: (code) Bid No. OBP 17/09/GMP02 T 2-1- T2.1 Part T2: Returnable documents List of Returnable Documents

23 Name Capacity Signature Note: 1. * Delete which is not applicable. ENTERPRISE STAMP 2. NB. This resolution must be signed by all the Directors / Members / Partners of the Tendering Enterprise. 3. Should the number of Directors / Members / Partners exceed the space available above, additional names, capacity and signatures must be supplied on a separate page. Bid No. OBP 17/09/GMP02 T 2-1- T2.1 Part T2: Returnable documents List of Returnable Documents

24 SPECIAL RESOLUTION OF CONSORTIA OR JOINT VENTURES RESOLUTION of a meeting of the duly authorised representatives of the following legal entities who have entered into a consortium/joint venture to jointly tender for the project mentioned below: (legally correct full names and registration numbers, if applicable, of the Enterprises forming a consortium/joint venture) Held at on (place) (date) RESOLVED that: A. The above-mentioned Enterprises submit a tender in consortium/joint venture to the Department of Public and Infrastructure Works, Free State Province in respect of the following project: (Project description as per Tender Document) Tender Number: (Tender Number as per Tender Document) B. Mr/Mrs/Ms: in *his/her Capacity as: (Position in the Enterprise) and who will sign as follows: Bid No. OBP 17/09/GMP02 T 2-1- T2.1 Part T2: Returnable documents List of Returnable Documents

25 be, and is hereby, authorised to sign the tender, and any and all other documents and/or correspondence in connection with and relating to the tender, as well as to sign any Contract, and any and all documentation, resulting from the award of the tender to the Enterprises in consortium/joint venture mentioned above. C. The Enterprises constituting the consortium/joint venture, notwithstanding its composition, shall conduct all business under the name and style of: D. The Enterprises to the consortium/joint venture accept joint and several liability for the due fulfilment of the obligations of the consortium/joint venture deriving from, and in any way connected with, the Contract entered into with the Department in respect of the project described under item A above. E. Any of the Enterprises to the consortium/joint venture intending to terminate the consortium/joint venture agreement, for whatever reason, shall give the Department 30 days written notice of such intention. Notwithstanding such decision to terminate, the Enterprises shall remain jointly and severally liable to the Department for the due fulfilment of the obligations of the consortium/joint venture as mentioned under item D above. F. No Enterprise to the consortium/joint venture shall, without the prior written consent of the other Enterprises to the consortium/joint venture and of the Department, cede any of its rights or assign any of its obligations under the consortium/joint venture agreement in relation to the Contract with the Department referred to herein. G. The Enterprises choose as the domicilium citandi et executandi of the consortium/joint venture for all purposes arising from the consortium/joint venture agreement and the Contract with the Department in respect of the project under item A above: Physical address: (code) Postal Address: (code) Telephone number: (code) Bid No. OBP 17/09/GMP02 T 2-1- T2.1 Part T2: Returnable documents List of Returnable Documents

26 Fax number: Bid No. OBP 17/09/GMP02 T T2.2 Part T2 Returnable Document Returnable Schedules

27 ONDERSTEPOORT BIOLOGICAL PRODUCTS SOC LTD GMP PROJECT: FACILITY RECONSTRUCTION AND UPGRADE GMP PROJECT: FACILITY RECONSTRUCTION AND UPGRADE T2.2 List of Returnable Schedules The bidder must complete the following returnable Schedules: 1. Returnable Schedules required only for bid evaluation purposes Schedule A: Record of Addenda to Bid Documents Schedule B: Proposed Amendments and Qualifications Schedule C: Work Previously Executed Schedule D: Present Work Commitments Schedule E: Supervisory and Safety Personnel Schedule F: Labour Utilisation Schedule G: Plant and Equipment Schedule H: Schedule of Subcontractors Schedule I: Compliance with OHSA (Act 85 of 1993) 2. Other documents required only for bid evaluation purposes Original or Certified copy of Valid BBBEE Certificate from (SANAS accredited Vertification Agency or from the Auditors approved by the Independent Regulatory Body of Auditors ( IRBA). Any EME (Exmepted Micro Enterprise) or QSE (Qualifying Small Enerprise) is only required to obtain a sworn affidavit on an annual basis confirming the following: o Annual Total Revenue of R 10 Mill or less (EME) or Revenue between R 10 Mill and 4 50 Mill for QSE; o Level of Black Ownership (Any misrepresentation in this regard constitutes a criminal offence as set out in the BBBEE Act as amended. 3. Returnable Schedules that will be incorporated into the contract The offer portion of the C1.1 Offer and Acceptance C1.2 Data provided by the Contractor C2.2 Bill of Quantities Part C3: Scope of Works Part C4: Site Information Part C5: Annexures Bid No. OBP 17/09/GMP02 T T2.2 Part T2 Returnable Document Returnable Schedules

28 PART T2.2 RETURNABLE SCHEDULES Bid No. OBP 17/09/GMP02 T T2.2 Part T2 Returnable Document Returnable Schedules

29 SCHEDULE A: RECORD OF ADDENDA TO BID DOCUMENTS We confirm that the following communications received from the Employer before the submission of this Bid Offer, amending the Bid Documents, have been taken into account in this Bid Offer: Date Title or Details Attach additional pages if more space is required. Signature of Bidder: Date: Capacity: Name of bidder: Bid No. OBP 17/09/GMP02 T T2.2 Part T2 Returnable Document Returnable Schedules

30 SCHEDULE B: PROPOSED AMENDMENTS AND QUALIFICATIONS The Bidder should record any deviations or qualifications he may wish to make to the Bid documents in this Returnable Schedules. Alternatively, a Bidder may state such deviations and qualifications in a covering letter to his Bid and reference such letter in this Schedule. The Bidder s attention is drawn to clause F3.8 of the Standard Conditions of Bid referenced in the Bid Data regarding the employer s handling of material deviations and qualifications. Page Clause or item Proposal Signature of Bidder: Date: Bid No. OBP 17/09/GMP02 T T2.2 Part T2 Returnable Document Returnable Schedules

31 SCHEDULE C: WORK PREVIOUSLY EXECUTED The following is a statement of major work successfully executed by myself/ourselves in the past 3 years: Consulting Engineer / Employer contact person and telephone number. Description of works Value of work inclusive of VAT (Rand) Date completed Signature of Bidder: Date: Bid No. OBP 17/09/GMP02 T T2.2 Part T2 Returnable Document Returnable Schedules

32 SCHEDULE D: PRESENT WORK COMMITMENTS Consulting Engineer / Employer contact person and telephone number. Description of works Value of work inclusive of VAT (Rand) Duration and completion date Signature of Bidder: Date: Bid No. OBP 17/09/GMP02 T T2.2 Part T2 Returnable Document Returnable Schedules

33 SCHEDULE E: SUPERVISORY AND SAFETY PERSONNEL PREVIOUS EXPERIENCE ON WORKS OF A SIMILAR NATURE DURING THE LAST FIVE YEARS Name % Time on Site Position (Current) Service (Years) Name of Project and year executed Value of Works Position Occupied Contracts Manager Contractor s Site Agent Contractor s Foreman Construction Health and Safety Officer Bidders shall indicate the percentage of working time these persons will be engaged on site. Bidders are required to provide copies of curriculum vitas of all supervisory and safety personnel. Signature of Bidder: Date: Bid No. OBP 17/09/GMP02 T T2.2 Part T2 Returnable Document Returnable Schedules

34 SCHEDULE F: LABOUR UTILISATION Labour Categories Definitions NOTE: These definitions serve as a guideline to complete the following table and will in no respect alter the Project Specifications or Standardised Specifications. Tenderers are to note that a minimum of 90% of local unskilled labour must be utilised in the project. Detailed audits shall be conducted to ascertain that this target is adhered to on a monhtly basis. Failure to adhere to these conditions will result in penalties and/or cancellation of this contract due to non-compliance. The use of local labour will be encourages and supported at all levels categorised below. The contarctor is to include the Community Liason Officer (CLO) in their pricing for the duration of this contractor. Local for the purposes of this contract shall mean persons from the Pretoria. 1. General Foreman / Foremen An employee who gives out work to and directly co-ordinates and supervises employees. His duties encompasses any one or more of the following activities: a) Supervision; b) maintaining discipline; c) ensuring safety at the workplace; d) being responsible to the Contractor for efficiency and production for his portion of the works, and e) performing skilled work, whether in an instructional capacity or otherwise. 2. Charge Hand An employee engaged in any one or more of the following activities: a) Being primarily employed in a supervisory capacity, but who may also be doing the work of an artisan; b) giving out work to other employees under his control and supervision; c) ensuring safety at the workplace; d) maintaining discipline, and e) being directly responsible to a general foreman or foremen or the Contractor or the Contractor s representative for efficiency and production for his portion of the works. 3. Artisan An employee who has successfully completed all prescribed courses at a practical institutional training centre for a particular trade and who has successfully completed the on-site period of training as prescribed and who has successfully passed the prescribed trade tests. 4. Team Leader An employee engaged in any one or more of the following activities: a) Being employed in a supervisory capacity, but who may also be doing the work of a skilled person; b) giving out work to other employees under his control and supervision; c) maintaining discipline; d) being directly responsible to a Charge Hand or a Foreman or a general foreman or the employer s authorised representative for efficiency and production for his portion of the works. 5. Skilled Employee An employee engaged in an ancillary trade or an assistant artisan. 6. Semi-Skilled employee An employee with any specified skills, an apprentice or a trainee-artisan. Bid No. OBP 17/09/GMP02 T T2.2 Part T2 Returnable Document Returnable Schedules

35 7. Unskilled Employee An employee engaged on any task or operation not specified above. 8. Imported Employee Personnel permanently employed by the Contractor. 9. Local Employee Temporary workforce employed through the Labour Desk. PERSON DAYS CATEGORIES NO OF PERSON DAYS Imported Local 1. Contracts Manager 2. Site Agent 3. Foreman/Supervisors (Specify Type) Safety Inspectors (specify type) Charge Hands 6. Artisans 7. Operators / Drivers 8. Clerks / Storeman 9. Team Leader 10. Skilled Labour 11. Semi-skilled Labour 12. Unskilled Labour Signature of Bidder: Date: Bid No. OBP 17/09/GMP02 T T2.2 Part T2 Returnable Document Returnable Schedules

36 SCHEDULE G: PLANT AND EQUIPMENT The following are lists of major items of relevant equipment that I/we presently own or lease and will have available for this contract or will acquire or hire for this contract if my/our Bid is accepted. (a) Details of major equipment that is owned by and immediately available for this contract. Quantity Description, size, capacity, etc. Attach additional pages if more space is required. (b) Details of major equipment that will be hired, or acquired for this contract if my/our Bid is acceptable. Quantity Description, size, capacity, etc. Attach additional pages if more space is required. Signature of Bidder: Date: Bid No. OBP 17/09/GMP02 T T2.2 Part T2 Returnable Document Returnable Schedules

37 SCHEDULE H: PROPOSED SUBCONTRACTORS We notify you that it is our intention to employ the following Subcontractors for work in this contract. If we are awarded a contract, we agree that this notification does not change the requirement for us to submit the names of proposed Subcontractors in accordance with requirements in the contract for such appointments. If there are no such requirements in the contract, then your written acceptance of this list shall be binding between us. Local subcontractors to be included in this list are highlighted below. Local for this purposes of this contract means Freestate Province 1. Name and address of proposed Subcontractor Nature and extent of work Previous experience with Subcontractor Signature of Bidder: Date: Bid No. OBP 17/09/GMP02 T T2.2 Part T2 Returnable Document Returnable Schedules

38 SCHEDULE I: COMPLIANCE WITH OHSA (ACT 85 OF 1993) Bidders are required to satisfy the Employer and the Engineer as to their ability and available resources to comply with the above by answering the following questions and providing the relevant information required below: 1. Is the Bidder familiar with the OHSA (Act 85 of 1993) and its regulations? YES / NO 2. Who will prepare the Bidder s Health and Safety Plan (Provide a copy of the persons/s curriculum vitae/s or company profile). 3. Does the Bidder have a health and safety policy? (If yes, provide a copy). How is this policy communicated to all employees? YES / NO 4. Does the Bidder keep records of safety aspects of each construction site? If yes, what records are kept? YES / NO 5. Does the Bidder conduct monthly safety meetings? If yes, who is the chairperson of the meeting and who attend these meetings? YES / NO 6. Does the Bidder have a safety officer in his employment, responsible for the overall safety of his company? YES / NO If yes, please explain his duties and provide a copy of his CV. 7. Does the Bidder have trained first aid employees? If yes, indicate who. YES / NO 8. Does the Bidder have a safety induction training programme in place? YES / NO If yes, provide a copy. Signature of Bidder: Date: Capacity: Name of bidder: Bid No. OBP 17/09/GMP02 T T2.2 Part T2 Returnable Document Returnable Schedules

39 PART T2.2: RETURNABLE SCHDULES TAX CLEARANCE REQUIREMENTS (SBD2) Bid No. OBP 17/09/GMP02 T T2.2 Part T2 Returnable Document Returnable Schedules

40 SBD 2: TAX CLEARANCE CERTIFICATE REQUIREMENTS It is a condition of bid that the taxes of the successful bidder must be in order, or that satisfactory arrangements have been made with South African Revenue Service (SARS) to meet the bidder s tax obligations. 1 In order to meet this requirement bidders are required to complete in full form TCC 001 Application for a Tax Clearance Certificate and submit it to any SARS branch office nationally. The Tax Clearance Certificate Requirements are also applicable to foreign bidders / individuals who wish to submit bids. 2 SARS will then furnish the bidder with a Tax Clearance Certificate that will be valid for a period of 1 (one) year from the date of approval. 3 The original Tax Clearance Certificate must be submitted together with the bid. Failure to submit the original and valid Tax Clearance Certificate will result in the invalidation of the bid. Certified copies of the Tax Clearance Certificate will not be acceptable. 4 In bids where Consortia / Joint Ventures / Sub-contractors are involved, each party must submit a separate Tax Clearance Certificate. 5 Copies of the TCC 001 Application for a Tax Clearance Certificate form are available from any SARS branch office nationally or on the website 6 Applications for the Tax Clearance Certificates may also be made via efiling. In order to use this provision, taxpayers will need to register with SARS as efilers through the website Signature of Bidder: Date: Bid No. OBP 17/09/GMP02 T T2.2 Part T2 Returnable Document Returnable Schedules

41 PART T2.2: RETURNABLE SCHDULES DECLARATION OF INTEREST (SBD4) Bid No. OBP 17/09/GMP02 T T2.2 Part T2 Returnable Document Returnable Schedules

42 SBD 4: DECLARATION OF INTEREST 1. No bid will be accepted from persons in the service of the state* Any legal person, including persons employed by the state*, or persons having a kinship with persons employed by the state, including a blood relationship, may make an offer or offers in terms of this invitation to bid (includes a price quotation, advertised competitive bid, limited bid or proposal). In view of possible allegations of favouritism, should the resulting bid, or part thereof, be awarded to persons employed by the state, or to persons connected with or related to them, it is required that the bidder or his/her authorised representative declare his/her position in relation to the evaluating/adjudicating authority and/or take an oath declaring his/her interest, where- - the bidder is employed by the state; and/or - the legal person on whose behalf the bidding document is signed, has a relationship with persons/a person who are/is involved in the evaluation and or adjudication of the bid(s), or where it is known that such a relationship exists between the person or persons for or on whose behalf the declarant acts and persons who are involved with the evaluation and or adjudication of the bid. 2. In order to give effect to the above, the following questionnaire must be completed and submitted with the bid. 2.1 Full Name of bidder or his or her representative: 2.2 Identity Number: 2.3 Position occupied in the Company (director, trustee, hareholder²). 2.4 Company Registration Number: 2.5 Tax Reference Number: 2.6 VAT Registration Number: * State means (a) 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); (b) any municipality or municipal entity; (c) provincial legislature; (d) national Assembly or the national Council of provinces; or (e) Parliament. 2.7 Are you presently in the service of the state* YES / NO If so, furnish particulars. Name of person / director / trustee / shareholder member: Name of State institution at which you or the paerson connected to he bidder is employed: Any other particulars: Bid No. OBP 17/09/GMP02 T T2.2 Part T2 Returnable Document Returnable Schedules

43 2.8 Did you or your spouse, or any of the company s directors/ shareholders / members of their spouses conduct business with the state in the previous twelve months? YES / NO If so, furnish particulars 2.9 Do you, or any person connected with the bidder, have any relationship (family, friend, other) with a person employed by the state and who may be involved with the evaluation and or adjudication of this bid? YES / NO If so, furnish particulars Are you, or any person connected with the bidder, aware of any relationship (family, friend, other) between a bidder and any persons employed by the state who may be involved with the evaluation and or adjudication of this bid? YES / NO If so, furnish particulars Do you or any of the directors / shareholders / members of the company have any interest in any other related companies whether or not they are bidding for this contract? YES / NO If so, furnish particulars. Bid No. OBP 17/09/GMP02 T T2.2 Part T2 Returnable Document Returnable Schedules

44 DECLARATION I, THE UNDERSIGNED (NAME) CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPHS 2.1 TO ABOVE IS CORRECT. ON THIS DECLARATION FORM IS CORRECT. I ACCEPT THAT THE STATE MAY ACT AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE. Signature : Date: Position: Name of bidder: Bid No. OBP 17/09/GMP02 T T2.2 Part T2 Returnable Document Returnable Schedules

45 Bid No. OBP 17/09/GMP02 T T2.2 Part T2 Returnable Document Returnable Schedules

46 PART T2.2: RETURNABLE SCHDULES DECLARATION OF INTEREST (SBD5) Bid No. OBP 17/09/GMP02 T T2.2 Part T2 Returnable Document Returnable Schedules

47 This document must be signed and submitted together with your bid SBD 5 INTRODUCTION THE NATIONAL INDUSTRIAL PARTICIPATION PROGRAMME The National Industrial Participation (NIP) Programme, which is applicable to all government procurement contracts that have an imported content, became effective on the 1 September The NIP policy and guidelines were fully endorsed by Cabinet on 30 April In terms of the Cabinet decision, all state and parastatal purchases / lease contracts (for goods, works and services) entered into after this date, are subject to the NIP requirements. NIP is obligatory and therefore must be complied with. The Industrial Participation Secretariat (IPS) of the Department of Trade and Industry (DTI) is charged with the responsibility of administering the programme. 1 PILLARS OF THE PROGRAMME 1.1 The NIP obligation is benchmarked on the imported content of the contract. Any contract having an imported content equal to or exceeding US$ 10 million or other currency equivalent to US$ 10 million will have a NIP obligation. This threshold of US$ 10 million can be reached as follows: (a) (b) (c) (d) Any single contract with imported content exceeding US$10 million. or Multiple contracts for the same goods, works or services each with imported content exceeding US$3 million awarded to one seller over a 2 year period which in total exceeds US$10 million. or A contract with a renewable option clause, where should the option be exercised the total value of the imported content will exceed US$10 million. or Multiple suppliers of the same goods, works or services under the same contract, where the value of the imported content of each allocation is equal to or exceeds US$ 3 million worth of goods, works or services to the same government institution, which in total over a two (2) year period exceeds US$10 million. 1.2 The NIP obligation applicable to suppliers in respect of sub-paragraphs 1.1 (a) to 1.1 (c) above will amount to 30 % of the imported content whilst suppliers in respect of paragraph 1.1 (d) shall incur 30% of the total NIP obligation on a pro-rata basis. 1.3 To satisfy the NIP obligation, the DTI would negotiate and conclude agreements such as investments, joint ventures, sub-contracting, licensee production, export promotion, sourcing arrangements and research and development (R&D) with partners or suppliers. 1.4 A period of seven years has been identified as the time frame within which to discharge the obligation. 2 REQUIREMENTS OF THE DEPARTMENT OF TRADE AND INDUSTRY Bid No. OBP 17/09/GMP02 T T2.2 Part T2 Returnable Document Returnable Schedules

48 2.1 In order to ensure effective implementation of the programme, successful bidders (contractors) are required to, immediately after the award of a contract that is in excess of R10 million (ten million Rands), submit details of such a contract to the DTI for reporting purposes. 2.2 The purpose for reporting details of contracts in excess of the amount of R10 million (ten million Rands) is to cater for multiple contracts for the same goods, works or services; renewable contracts and multiple suppliers for the same goods, works or services under the same contract as provided for in paragraphs 1.1.(b) to 1.1. (d) above. 3 BID SUBMISSION AND CONTRACT REPORTING REQUIREMENTS OF BIDDERS AND SUCCESSFUL BIDDERS (CONTRACTORS) 3.1 Bidders are required to sign and submit this Standard Bidding Document (SBD 5) together with the bid on the closing date and time. 3.2 In order to accommodate multiple contracts for the same goods, works or services; renewable contracts and multiple suppliers for the same goods, works or services under the same contract as indicated in sub-paragraphs 1.1 (b) to 1.1 (d) above and to enable the DTI in determining the NIP obligation, successful bidders (contractors) are required, immediately after being officially notified about any successful bid with a value in excess of R10 million (ten million Rands), to contact and furnish the DTI with the following information: Bid / contract number. Description of the goods, works or services. Date on which the contract was accepted. Name, address and contact details of the government institution. Value of the contract. Imported content of the contract, if possible. 3.3 The information required in paragraph 3.2 above must be sent to the Department of Trade and Industry, Private Bag X 84, Pretoria, 0001 for the attention of Mr Elias Malapane within five (5) working days after award of the contract. Mr Malapane may be contacted on telephone (012) , facsimile (012) or e- mail at Elias@thedti.gov.za for further details about the programme. 4 PROCESS TO SATISFY THE NIP OBLIGATION 4.1 Once the successful bidder (contractor) has made contact with and furnished the DTI with the information required, the following steps will be followed: a. the contractor and the DTI will determine the NIP obligation; b. the contractor and the DTI will sign the NIP obligation agreement; c. the contractor will submit a performance guarantee to the DTI; d. the contractor will submit a business concept for consideration and approval by the DTI; e. upon approval of the business concept by the DTI, the contractor will submit detailed business plans outlining the business concepts; f. the contractor will implement the business plans; and g. the contractor will submit bi-annual progress reports on approved plans to the DTI. 4.2 The NIP obligation agreement is between the DTI and the successful bidder (contractor) and, therefore, does not involve the purchasing institution. Bid No. OBP 17/09/GMP02 T T2.2 Part T2 Returnable Document Returnable Schedules