Issue Date : 27 October : 27 th November 2017 at 11:00 South African Time at George. Compulsory Briefing Session Date. Airport.

Transcription

1 REQUEST FOR PROPOSAL FOR A CONSULTANT APPOINTMENT TO PROVIDE TOWN PLANNING AND URBAN DESIGN SERVICES FOR A PERIOD OF MONTHS AT AIRPORTS COMPANY SOUTH AFRICA S GEORGE AIRPORT Bid Number: : GRJ17/2017 Issue Date : 27 October 2017 Compulsory Briefing Session Date Closing Date : 09 th November 2017 at 10:00 South African Time at George Airport : 27 th November 2017 at 11:00 South African Time at George Airport.

2 INDEX Definitions Section 1: Instructions to Bidders 1.1 Access to RFP documents 1.2 Submission of bid documents 1.3 Pre- Qualification Criteria 1.4 Alternative Bids 1.5 Late Bids 1.6 Clarification and Communication 1.7 Compulsory Briefing Session 1.8 Bid Responses 1.9 Disclaimers 1.10 Validity period 1.11 Confidentiality of information 1.12 Hot-Line Section 2: Submission of Bid 2.1 Terms and Conditions of RFP 2.2 Bidding Arbitration Provision 2.3 RFP Acceptance 2.4 Response Format and Content 2.5 Further Obligations on Award 2.6 Disclaimers Section 3: Background, Purpose, and Scope of RFP 3.1 Background 3.2 Purpose of this Tender 3.3 Scope of Work

3 Section 4: Preference (B-BBEE) and Price 4.1 Preference Points Claims 4.2 Adjudication Using a Points System 4.3 Award of Business where Bidders have scored equal points overall 4.4 Points awarded for Price 4.5 Points awarded for B-BBEE status level contribution Section 5: Evaluation Criteria 5.1 Evaluation criteria 5.2 Stage 1 Mandatory Requirements 5.3 Stage 2 Pre- Qualification 5.4 Stage 3 Functionality 5.4 Stage 4 Price and B-BBEE Section 6: Other Returnable Documents 6.1 Other Returnable Documents 6.2 Validity of Submitted Proposal Appendices Appendix A Declaration of Interest form Appendix B Declaration of forbidden practices form Annexure C Briefing Session Form Appendix D Acceptance of RFP terms and conditions Appendix E Appendix F Company profile, executive summary and organogram Joint Venture (JV) Agreement (If applicable) Appendix G Valid Tax Clearance Certificate/ PIN/ Proof of Application to SARS Appendix H B-BBEE Declaration Form Appendix I Appendix J B-BBEE Verification Certificate CV s of directors of the bidding entity

4 Appendix K Names and Identity Numbers of Directors (ID Copies) Appendix L Company Profile and Schedule of Bidder Experience Appendix M Certificate of Incorporation Appendix N Information on Other Professionals Required Appendix O Draft Service Agreement

5 DEFINITIONS 1.1 B-BBEE means broad-based black economic empowerment as defined in section 1 of the Broad -Based Black Economic Empowerment Act; 1.2 B-BBEE status level of contributor means the B-BBEE status received by a measured entity based on its overall performance using the relevant scorecard contained in the Codes of Good Practice on Black Economic Empowerment, issued in terms of section 9(1) of the Broad- Based Black Economic Empowerment Act; 1.3 Black Designated Groups has the meaning assigned to it in the codes of good practice issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act; 1.4 Black People has the meaning assigned to it in the codes of good practice issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act; 1.5 Broad-Based Black Economic Empowerment Act means the Broad-Based Black Economic Empowerment Act 53 of 2003); 1.6 Designated Group means: Black Designated Groups; Black People; Women; People with disabilities; or Small enterprises, as defined in section 1 of the national Small Enterprise Act 102 of 1996; 1.7 Consortium or Joint Venture means an association of persons for the purpose of combining their expertise, property, capital, efforts, skill and knowledge in an activity for the execution of a contract; 1.8 EME means an exempted micro enterprise in terms of the codes of good practice issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act; 1.9 Functionality means the ability of tenderer to provide goods or services in accordance with specifications as set out in the tender documents; 1.10 Military Veteran has the meaning assigned to it in section 1 of the Military Veterans Act 18 of 2011; 1.11 People with disabilities has the meaning assigned to it in section 1 of the Employment Equity Act, 55 of 1998; 1.12 Person includes a juristic person; 1.13 PPPFA means the Preferential Procurement Policy Framework Act 5 of 2000 and its Regulations published on 20 January 2017; 1.14 Price means all applicable taxes less all unconditional discounts; 1.15 QSE means a qualifying small business enterprises in terms of the codes of good practice issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act 1.16 Rand Value means the total estimated value of a contract in South African currency, calculated at the time of bid invitations, and includes all applicable taxes and excise duties; 1.17 Rural Area means: a sparsely populated area in which people farm or depend on natural resources including villages and small towns that are dispersed through the area; or an area including a large settlement which dee ds a on migratory labour and remittances and govern social grants for survival, and may have a traditional land tenure system; 1.18 Total Revenue bears the same meaning assigned to this expression in the Codes of Good Practice on Black Economic Empowerment, issued in terms of section 9(1) of the Broad- Based Black Economic Empowerment Act and promulgated in the Government Gazette on 9 February 2007;

6 1.19 Township means an urban living area that any time from the late 19th century until 27 April 1994, was reserved for black people, including areas developed for historically disadvantaged individuals post 27 April 1994; 1.20 Trust means the arrangement through which the property of one person is made over or bequeathed to a trustee to administer such property for the benefit of another person; 1.21 Trustee means any person, including the founder of a trust, to whom property is bequeathed in order for such property to be administered for the benefit of another person; and 1.22 Youth has the meaning assigned to it in section 1 of the National Youth Development Agency Act 54 of 2008 All terms not defined herein have the meanings assigned to them in the PPPFA.

7 1. SECTION 1: INSTRUCTIONS TO BIDDERS 1.1. Access to RFP Documents: Tender documents are available on Kindly download, print and complete for submission No Tender documents will be issued from ACSA offices Submission of bid documents The envelopes containing bid documents must have on the outside, the bidder s return address, the full description of the tender, tender number and the details of the Tender Management Office/Procurement department where the bid will close. The documents must be signed and completed by a person who has been given authority to act on behalf of the bidder. The bottom of each page of the bid documents must be signed or stamped with the bidder s stamp as proof that the bidder has read the tender documents. Bid documents must be submitted on or before 11AM on 27vth of November 2017 using the following method(s): Hand delivery: The bid document must be delivered to the Tender Management Office located at the address below and must be addressed as follows: Tender box: ACSA Offices 1 st Floor Outeniqua Boardroom George Airport Old Mosselbay Road submissions: No submissions will be accepted only hand delivered documents will be accepted Proposals must be in duplicate (an original printed copy and a printed copy of the original). The original copy will be the legal and binding copy, in the event of discrepancies between any of the submitted documents; the original copy will take precedence 1.3. Pre- qualification Criteria

8 1.3.1 In terms of the PPPFA Regulation 4, an organ of state can apply pre-qualifying criteria to advance certain Designated Groups Accordingly, only bidders who are EME, QSE and Large entities with a Level 1 4 BBBE (Broad Based Black Economic Empowerment) contributor level will be considered to go through to the next stage of the evaluation. Bidder must submit a valid certified copy or original SANAS approved BBBEE certificate, EME and QSE may submit a sworn-affidavit from the DTI. ACSA reserves the right to request further information necessary to evaluate the bidder in this regard Section 5 of this bid indicates further applicable pre- qualification criteria for the bidder. A tender that fails to meet any pre-qualifying criteria stipulated in the tender document is an unacceptable tender The successful bidder, where external services are required, will subcontract a minimum of 30% of the contract value to: (NB: this is not applicable to EME and QSE that are more than 51% black owned); a minimum level 4 B-BBBE contributing sub-contractor. A tender that fails to meet any prequalifying criteria stipulated in the tender documents is an unacceptable tender A bidder that fails to meet the above-mentioned pre-qualifying criteria, will be disqualified Alternative Bids As a general rule ACSA only accepts bids which have been prepared in response to the tender invitation. However, for this tender alternative bids will be accepted provided the alternative bid is accompanied by the original bid response which materially complies with the specifications of this tender invitation. The alternative bid will only be considered where the bidder has submitted together with its alternative bid, an offer which materially complies with the requirements of this tender. Alternative bids will also be evaluated using the pre-determined evaluation criteria stipulated in this tender document Late Bids BIDS WHICH ARE SUBMITTED AFTER THE CLOSING DATE AND TIME WILL NOT BE ACCEPTED Clarification and Communication Name: Linda Mathebula Designation: Buyer Tel:

9 Request for clarity or information on the tender may only be requested until 17 th of November 2017 at 16H00. Any responses to queries or for clarity sought by a bidder will also be sent to all the other entities which have responded to the Request For Proposal invitation Bidders may not contact any ACSA employee on this tender other than those listed above. Contact will only be allowed between the successful bidder and ACSA Business Unit representatives after the approval of a recommendation to award this tender. Contact will also only be permissible in the case of pre-existing commercial relations which do not pertain to the subject of this tender Compulsory Briefing Session A compulsory briefing session will be held on 09 th of November 2017 at 10H00 AM. The session will be held at the following location: ACSA Offices 1 st Floor Outeniqua Boardroom George Airport Old Mosselbay Road 1.8. Bid Responses Bid responses must be strictly prepared and returned in accordance with this tender document. Bidders may be disqualified where they have not materially complied with any of ACSA s requirements in terms of this tender document. Changes to the bidder s submission will not be allowed after the closing date of the tender. All bid responses will be regarded as offers. No bidder or any of its consortium/joint venture members may have an interest in any of the other bidder/joint venture/consortium participating in this bid Disclaimers It must be noted that ACSA reserves its right to: Award the whole or a part of this tender; Split the award of this tender;

10 Negotiate with all or some of the shortlisted bidders; Award the tender to a bidder other than the highest scoring bidder where objective criteria allow; To reject the lowest acceptable tender received; and/or Cancel this tender Validity Period ACSA requires a validity period of ninety (120) business/working days for this tender During the validity period the prices which have been quoted by the bidder must remain firm and valid. It is only in exceptional circumstances where ACSA would accommodate a proposal to change the price Confidentiality of Information ACSA will not disclose any information disclosed to ACSA through this tender process to a third party or any other bidder without any written approval form the bidder whose information is sought ACSA will not disclose the names of bidders until the tender process has been finalised Bidders may not disclose any information given to the bidders as a result of this tender process to any third party without the written approval from ACSA. If the bidder requires to consult with third parties as a result of the tender, such third parties must complete confidentiality agreements, which should also be returned to ACSA Hot Line ACSA subscribes to fair and just administrative processes. ACSA therefore urges its clients, suppliers and the general public to report any fraud or corruption to: Airports Company South Africa TIP-OFFS ANONYMOUS Free Call: Free Fax: acsa@thehotline.co.za

11 SECTION 2: SUBMISSION OF PROPOSAL 2.1 Terms and Conditions of RFP This RFP is open to all bidders, registered and duly authorised to operate in South Africa. Any bids received after the bid submission date and time will not be considered by ACSA Except where specifically provided for in this RFP, a bidder may make no changes to its bid after the closing date and time ACSA reserves the right to award the contract on the basis of the bid submission received from a bidding entity subject to ACSA s terms and conditions ACSA or their duly appointed representatives shall be the sole adjudicators of the acceptability and or feasibility of the bids. The decision shall be final and except as required by law or otherwise, no reason for the acceptance or rejection of any bid will be furnished Should the bid be awarded on the strength of information furnished by a bidder, which information is proved to have been incorrect, in addition to any other legal remedy it may have, ACSA may at any time during the life of the contract: Recover from the relevant bidder all costs, losses or damages incurred by it as a result of the award and/or Cancel the award of the bid and/or contract and claim any damages, which it may have suffered or will suffer as a result of having to make less favourable arrangements The Bidder shall be liable to pay for losses sustained and/or additional costs or expenditure incurred by ACSA as a result of cancellation. ACSA shall furthermore have the right to recover such losses, damages or additional costs by way of set off against monies due or which may become due to the Bidder in terms of the said contract All representations, agreements or arrangements arising from bids submitted in terms hereof (including any negotiations that follow) shall not be binding on ACSA, its officers, employees or agents unless reduced to writing and signed by a duly authorised representative of ACSA ACSA reserves the right to amend the terms and conditions of this RFP at any time prior to finalisation of the contract between the parties and shall not be liable to any bidder or any other person for damages of whatsoever nature which they may have suffered as a result of such amendment. All bids are submitted at the entire risk of the bidder ACSA reserves the right to postpone the closing date for submission of bids or to withdraw the RFP at any time without giving rise to any obligation for the responsibility for any loss or financial damage which may be incurred or suffered by any bidder In the case of a joint venture or partnership between bidders, evidence of such joint venture must be included with the bid submission, in the form of a Joint Venture Agreement and a joint SANAS accredited BBBEE Certificate. All the members of the joint venture must in

12 writing nominate a member(s) of the joint venture to complete and sign the RFP on behalf of the joint venture. This written authority must be signed by the duly authorised members of the joint venture and be submitted with the bid Bidders must ensure that all information submitted by them in their Bids is complete, accurate and fairly represents the information communicated. Bidders must further ensure that, irrespective of the weighting (if any) ascribed to any criterion; the Bid contains all information relevant to an evaluation of that criterion. Any information which is incomplete, inaccurate, ambiguous, unfairly represented or conditional may result in the Bid being disqualified or adversely evaluated. Bidders must immediately notify ACSA in writing should they become aware that any information stated in the Bids is or may be inaccurate for whatever reason, including due to a subsequent change in circumstances After submitting a Bid, no Bidder may make any changes in the composition of its consortium and / or shareholding before the final date and time for the submission of the Bids without the prior written approval of ACSA. Full details of any such intended change must be notified in advance, in writing, to ACSA for consideration. ACSA reserves the right to reject or accept such change, whether conditionally or unconditionally. ACSA reserves the right to disqualify any Bidder which makes or attempts to make any change to the composition of its consortium other than in accordance with the aforesaid provisions. 2.2 Binding Arbitration Provision It is a condition of participation in this RFP process between the bidder and ACSA that should any dispute or difference arise between the parties, this shall be resolved by a single Arbitrator Concerning the purport or effect of the RFP documents or of anything required to be done or performed there under; Concerning any aspect of the RFP process to anything done or decided there under: or Concerning the validity of the award of the RFP to any bidder or the failure to award same to any Bidder, then such dispute or difference shall be finally resolved by arbitration Such arbitration shall be by a single arbitrator who shall be Selected by agreement between the parties, or failing such agreement nominated on the application of any party by the Arbitration Foundation of Southern Africa (AFSA); and The arbitrator shall have power to review and revise any certificate, opinion, decision, requisition or notice relating to all matters in dispute submitted to him/her and to determine all such matters in the same manner as if no such certificate, opinion, decision, requisition or notice had been issued.

13 2.2.3 Upon every or any such reference, the costs of an incidental to the reference and award shall be at the discretion of the arbitrator, who may determine the amount of the costs, or direct them to be taxed as between attorney and client or as between party and party and shall direct by whom and to whom and in what manner they shall be borne and paid The award of the arbitrator shall be final and binding on the parties and any party shall be entitled to apply to the Courts to have such award made an order of court Save as set out in this clause, the arbitration shall be conducted in accordance with the rules of the Arbitration Foundation of Southern Africa for Commercial Arbitrations The arbitration shall be held in Johannesburg in the English language However, nothing in this clause shall preclude any party to the arbitration from seeking interlocutory relief in any court having jurisdiction pending the institution of a review or other appropriate proceedings for legal redress Such arbitration shall be commenced and concluded within 30 days of the dispute having noted. 2.3 RFP Acceptance ACSA reserves the right to reject: Incomplete bids; Late bids; Conditional bids; and Bids that are non-compliant with the procedural and administrative requirements This RFP implies neither obligation to accept the highest or any bid nor any responsibility for expenses or loss, which may be incurred by any bidder in preparation of his bid Bidders may include with their bids any descriptive matter, which, if referred to in the RFP, will form part of the RFP. In case of any discrepancy, however, the issued RFP and supporting documents and information completed therein by the bidder will be considered as the valid and binding bid Notwithstanding any other provision in this document, no ACSA employee or any person related to or associated with an ACSA employee may (individually or through a corporate vehicle which includes a company, close corporate, trust, partnership etc.) submit a bid for consideration in this tender process unless interest is declared and approved as per Delegated Level of Authority.

14 2.4 Response Format and Content Please organise proposals in separately tabbed/ indexed sections with labels that correspond to the sections that have been outlined in the Index of this RFP document The bid document must be ring-bound or submitted in an arch lever file Please keep sections sequential Provide a concise response in provided spaces Wherever a table is provided, please title your section tab to match the RFP section in which the table appears Use the table format provided for your responses, and maintain the sequence and reference numbers in the table Please submit the bid documents in the format requested ACSA may, in its sole discretion and from time to time, extend the date or dates by when the Successful Bidder is required to comply with the above terms ACSA shall have the right to withdraw, with immediate effect or with effect from any reasonable future date nominated by it, in writing, the award of a Bid and to cancel any contract consequent thereon if: ACSA becomes aware of any fact or circumstance (including facts or circumstances which arise after the award of the Bid) which, in ACSA s sole and bona fide opinion, would have rendered the Bid subject to disqualification had such fact or circumstance arisen prior to the award and been known to ACSA at the time of the award; The award of any Bid or conclusion of a Service Agreement is subsequently set aside by any order of court, arbitration award or other binding agreement, award or finding, whether such order, agreement, award or finding arises from contested proceedings or an agreed settlement of any dispute; Should ACSA elect to withdraw the award, the Successful Bidder s Bid shall be disqualified from further consideration by ACSA and ACSA shall proceed further as may be appropriate, with regard to the remaining Bids No Bidder shall have any right of recourse against ACSA as a result of the withdrawal of a Bid award and / or cancellation of any Commercial Agreement by ACSA pursuant to this Clause Further Obligations on Award Unless expressly stated otherwise, the following warranties are given as at the date on which a Bid is submitted to ACSA, as at the date on which any Bid is awarded and for

15 the period between those dates. The Bidder warrants to ACSA except as fully and fairly disclosed to ACSA in writing in the Bid, that: The information furnished by the Bidder is complete, accurate, unconditional and fairly presented; It will be able to allocate the appropriate resources to the scope of works as required of this opportunity in order to be able to commence with the project within 30 days of award; 2.6 Disclaimers The information contained in the RFP or otherwise provided to Bidders, whether orally or in writing (collectively the RFP Documents ) was obtained from several sources and is offered in good faith for the guidance of the Bidders only; Any estimates and projections provided involve significant elements of subjective judgement and analysis which may or may not be correct. Bidders are cautioned that the information presented in the RFP Documents may be inaccurate inter alia due to human error or due to incorrect source information having been furnished to ACSA. Further, the information referred to herein is not an exhaustive account of the statutory requirements which may affect a Bid and shall not be regarded as a complete or authoritative statement of relevant Law; Each Bidder is obliged to become acquainted with all of the provisions of the Laws affecting the Bid, the entering into of the agreements and fulfilment of its terms; The RFP Documents do not purport to contain all of the information that may be required by Bidders to submit an offer and any recipient of the RFP Documents should conduct its own independent legal, financial or other analysis of the information contained or referred to in the RFP Documents and should obtain such professional advice as it deems necessary; This RFP Document supersedes all information concerning the detail of the property concerned which may have been previously communicated to the Bidder, whether orally, in writing or otherwise; Neither ACSA nor its employees, directors or advisers may make any representation or warranty, express or implied, or accept any responsibility or liability as to the accuracy or completeness of the information contained in the RFP Documents or any written or oral information made available in connection with ACSA, its business activities and / or tender opportunities and nothing contained herein is or shall be relied upon as a promise or representation, whether as to the past or as to the future The attached agreements are drafts. The detailed and final agreements will be completed

16 once an award has been made and negotiations have been finalised It is recorded that while bids will be accepted based on what is proposed, no transaction will be concluded until the necessary agreements are negotiated and signed by ACSA and the Preferred Bidder ACSA reserves the right to request from the bidder any additional information not requested in the bid document.

17 SECTION 3: BACKGROUND, PURPOSE AND SCOPE OF WORK 3.1 Background Since inception in 1993, Airports Company South Africa Limited (ACSA) has transformed into a focused, profitable and commercial enterprise that is market-driven and customer service oriented. The principal ACSA sites comprise of major international airports namely O.R. Tambo (ORTIA), Cape Town (CTIA) and King Shaka (KSIA). The other sites are Bram Fischer Bloemfontein, Upington, Port Elizabeth, East London Airport, George Airport, Kimberley Airport and the Corporate Office. The sustained growth in traffic over the years, coupled with a creative and performance focused management and leadership team have contributed to the Company s excellent financial performance over time. This has enabled the Company to transform South Africa s airports into world-class airports, delivering value for customers, stakeholders, shareholders and employees. ACSA is focused on creating and operating world-class airports measuring up to international standards. Numerous international awards won by certain of its airports over the years confirm that the Company has largely succeeded in this aim. This is also shown in the 2017 Skytrax ratings for example, Cape Town achieved Best Airport in Africa with King Shaka, OR Tambo, East London and Port Elizabeth achieving 2 nd, 3 rd, 6 th and 10 th place respectively. The World Airport awards area global benchmark for airport excellence and are largely known as the Passenger s Choice Awards. 3.2 Purpose of this Tender. In 2008, a draft development framework and precinct plan for the land not required for aviation related activities at the airport was compiled. The framework, at high level, has identified development precincts with suitable land uses within a set of constraints presented by the site. The draft Development Framework Plan (DFP), based on a 10-year horizon up to 2017, needs to be revised to accommodate regional economic changes as well as forecast for future relevant time frames for growth. The framework further requires better detailed planning to now include the provision of bulk service infrastructure in line with the detailed precinct plans to ensure a clear vision in the future development of ACSA land. The George Municipality have completed a revision of the SDF, approved in 2016, which has a 5-10-year horizon for development. This plan includes the airport development precincts but puts the onus on ACSA to ensure that the municipality is comfortable that all developments that occur around the airport promote appropriate land use developments and do not restrict or inhibit

18 airport growth. Therefore, it becomes imperative that the municipality is granted input into any zoning or rezoning application around the airport. Further once there is an approved DFP, ACSA has assurance and endorsement from the approving authority on planned future property developments. South Africa s airports are all becoming vital centres and catalysts for economic growth, as well as access hubs for the rest of the world. They are being transformed into multi-faceted, worldclass, global gateways for travel, trade and commerce. As a result, business opportunities are abound, particularly in commercial property development. George Airport is also the major arrival point for people wishing to access the Southern Cape Region given that it is the only domestic airport that handles commercial flights within the region. George also has the advantage of a good road network connecting it to other major cities in the country such as Port Elizabeth to the north and Cape Town to the south as well as nearby Wilderness and Knysna. The subject property of this bid is referred to as Precinct 5, a portion of the Remainder of Portion 68 of the Farm Gwayang 208, and is situated to the southern side of the R102 and to the west of the General Aviation area and measures approximately 6Ha in extent. 3.3 Scope of Work Bidders are invited to submit a proposal for the appointment of Town Planning and Urban Design Services to undertake a full land use and rezoning/ amendment application process which activities will include but not be limited to the following:market Analysis and basic feasibility of the area Geotechnical and Flood line study Preparation of development layout plans and precinct plans Engineering feasibility studies, preliminary design and high level costing (all bulk services) Traffic Impact Assessment Countour, Cadastral and SG land surveys Rezoning/ Amendment Application Process Economic Impact Assessment Environmental Impact Asessment Design Guidelines and Development Framework Plan It is common cause that the main appointment will be for a Town Planning and Urban Desgin professional however such professional will require the services of other professional desciplines to undertake the specialised studies for the final application to be submitted to the local authority. The

19 Town Planning and Urban Design professional needs to ensure that the professionals from other desciplines required for the completion of the project meet the B-BBEE contribution criteria as indicated in Section 1 above (Pre-Qualification Criteria) in addition to the criteria that will be evaluated under Stage 3 of this RFP. The information as required above for each discipline for the project must be submitted in line with the bid requirements as per Appendix N. In the instance that a multi-disciplinary firm is the bidder and such bidder meets the pre-qualification criteria as set out in this bid, then the other professional disciplines required for the completion of the project will automatically qualify in line with B-BBEE contribution level of such multi-disciplined firm. Where the bidder requires professional services outside of the bidding entity, the entity where such professional services are sought must comply with the minimum B-BBEE level as indicated in Section 1 above. Whilst there will be no points scored for the B-BBEE contribution level of the other disciplines, should the bidding entity not meet the pre-qualification for other professional disciplines (sub-contractors) the bid of the bidding entity will be a non-compliant bid and will therefore not be eligible for consideration for evaluation for stages 3-4 of this bid. SECTION 4: PREFERENCE POINTS AND PRICE 4.1 Preference Points Claims In terms of the PPPFA and its regulations only a maximum of 20 points may be awarded for preference The 80/20 system for requirements with a Rand value of up to R (all applicable taxes included); and The value of this bid is estimated not to exceed R (all applicable taxes included) and therefore the 80/20 system shall be applicable. Preference points for this bid shall be awarded as follows: Price 80 B-BBEE Status Level of Contribution Points 20 Total Points for Price and B-BBEE Failure on the part of a bidder to fill in and or to sign Appendix C and submit a B-BBEE Verification Certificate from a Verification Agency accredited by the South African Accreditation System (SANAS) or an affidavit in the case of Qualifying Small Enterprises and an Emerging Micro Enterprises together with the bid, will be interpreted to mean that preference points for B- BBEE status level of contribution are not claimed

20 4.1.5 ACSA reserves the right to require of a bidder, either before a bid is adjudicated or at any time subsequently, to substantiate any claim in regard to preferences, in any manner required by ACSA. 4.2 Adjudication Using a Points System The bidder obtaining the highest number of total points will be awarded the contract, ACSA exercises one or more of its disclaimers; Preference points will be calculated after prices have been brought to a comparative basis taking into account all factors of non-firm prices and all unconditional discounts Points scored will be rounded off to the nearest 2 decimal places. 4.3 Award of Business where Bidders have Scored Equal Points Overall In the event that two or more bids have scored equal total points, the successful bid will be the one scoring the highest number of preference points for B-BBEE However, when functionality is part of the evaluation process and two or more bids have scored equal points including equal preference points for B-BBEE, the successful bid will be the one scoring the highest score for functionality Should two or more bids be equal in all respects, the award will be decided by the drawing of lots. 4.4 Points Awarded for Price The 80/20 Preference Point Systems will be applied using the following formula: Pt P min Ps 80 1 P min Where Ps = Points scored for comparative price of bid under consideration Pt = Comparative price of bid under consideration Pmin = Comparative price of lowest acceptable bid

21 4.5 Points Awarded for B-BBEE Status Level of Contribution In terms of Regulation 6 (2) and 7 (2) of the Preferential Procurement Regulations, preference points must be awarded to a bidder for attaining the B-BBEE status level of contribution in accordance with the table below; B-BBEE Status Level of Contributor Non-compliant contributor 0 Number of Points (80/20 system) Bidders who qualify as an EME in terms of the B-BBEE Act must submit a sworn affidavit or certified certificate issued by a Verification Agency accredited by SANAS stating its annual turnover and black ownership. Where a certificate is issued, such certificate must be accompanied by a full report Bidders who qualify as a QSE in terms of the B-BBEE Act have an option to submit a sworn affidavit or a certified certificate issued by a Verification Agency accredited by SANAS stating its

22 annual turnover and black ownership. Where a certificate is submitted, such certificate must be accompanied by a full report Bidders other than EMEs and QSEs must submit a certified copy of their valid B-BBEE status level verification certificate substantiating their B-BBEE rating issued by a Verification Agency accredited by SANAS. Such certificate must be accompanied by a full report A trust, consortium or joint venture, will qualify for points for their B-BBEE status level as a legal entity, provided that the entity submits a consolidated B-BBEE status level certificate as if they were a group structure. Should a trust, consortium or joint venture submit separate B-BBEE status level certificates for each entity of the trust, consortium or joint venture, then the B-BBEE points cannot be effectively claimed or evaluated and therefore such trust, consortium or joint venture will be regarded as non-compliant B-BBEE contributor. SECTION 5: EVALUATION CRITERIA 5.1 Evaluation Criteria ACSA will use a pre-determined evaluation criterion when considering received bids. The evaluation criteria will consider the commitment made for pre-qualifying criteria/ local production and content/ Supplier Development, objective criteria and compulsory sub-contracting/ functionality/ Price and B-BBEE. During the evaluation of received bids ACSA will make an assessment whether all the bids comply with set minimum requirements and whether all returnable documents/information have been submitted. Bidders which fail to meet minimum requirements, thresholds or have not submitted required mandatory documents will be disqualified from the tender process; The requirements of any given stage must be complied with prior to progression to the next stage. ACSA reserves the right to disqualify bidders without requesting any outstanding document/information A 4 staged approach will be used to evaluate bids and the approach will be as follows: Stage 1 Stage 2 Stage 3 Stage 4 Mandatory Requirements Pre- Qualification Criteria Functionality Price and B-BBEE

23 A list of Mandatory Administrative Requirements (MAR) returnable documents must form part of the submission at the closing date and time. Pre-qualification criteria will be applied for preferential procurement. Such criterion will be specifically articulated for bidder s compliance should any such bidder wish to participate. The functionality/technical evaluation will be conducted by the Bid Evaluation Committee which comprises of various skilled and experienced members from diverse professional disciplines. The criteria to be applied will be in line with the transaction form proposed. 80/20 Preferential System will be applied to this bid where 80 points are awarded for Price and 20 points are awarded for B-BBEE 5.2 Stage 1 - Mandatory Requirements The following documents are required to be submitted by each bidder in order to proceed to the next stage of evaluation: Proof of attendance of the compulsory briefing session (Appendix C) Proof of registration of the Central Services Data Base Signed Declaration of Interest form (Appendix A) Acceptance of ACSA terms and Conditions as contained in the bid (Appendix D) Proof of registration with the South African Council for Planners 5.3 Stage 2 - Pre-qualification Bidders must submit the requisite documentation to prove that they meet the pre-qualifying criteria Minimum of Level 4 B-BBEE AND either of the following which may apply: If the bidder is a large enterprise, the following must be met: Ownership and Economic Interest at least 40% held by black people and 40% plus one votes exercisable by black people OF WHICH at least 10% held by black women and at least 10% votes exercisable by black women; AND Management control at least 40% black executive management as a percentage of total executive management If Bidder a Qualifying Small Enterprise (QSE), the following must be met:

24 Ownership at least 40% exercisable voting rights in the enterprise in the hands of black people OF WHICH at least 25% exercisable voting rights in the hands of black women; AND Management control at least 40% black executive management as a percentage of total executive management If Bidder is an Exempt Micro Enterprise (EME), the following must be met: Black ownership- at least 51% exercisable voting rights in the enterprise in the hands of black people OF WHICH at least 30% held by black women In the instance the bidder will subcontract a minimum of 30% of the tender, then such bidder must provide proof of all subcontractors are a minimum Level 4 B-BBEE contributor. Subcontractors must submit a valid certified copy or original SANAS approved BBBEE certificate, EME and QSE may submit a sworn-affidavit from the DTI. 5.4 Stage 3 Functionality The functionality evaluation will be conducted by the Bid Evaluation Committee which comprises of various skilled and experienced members from diverse professional disciplines. The evaluation process will be based on minimum score to be met for each criteria and sub criteria Bidders must meet a minimum score per sub-criteria to be considered for their overall functionality score for progression to the next stage of evaluation Bidders who fail to score a minimum of 53 points out of 100 (53%) will not be considered to proceed to the next stage of evaluation.

25 CRITERIA SUB-CRITERIA/CLAUSE SCORE MINIMUM SCORE 1 The Town and Regional Planning Company (The bidding entity) MAXIMUM SCORE 1.1 The bidding entity having the relevant experience in township establishment and land use planning. If a new entity then at least one of the directors must have at least 5 years experience in township establishment and land use planning. (bidder to provide company profile and work history) More than 10 years relevant work experience More than or equal to 8 years but less than 10 years relevant work experience More than or equal to 5 years but less than 8 years relevant work experience Providing 3 reference letters of having successfully completed township establishment and land use applications in the last 5 years over an area of similar or greater extent (6Ha). (bidder to provide contactable references) 3 reference letters provided, all 3 letters indicate extents greater than or equal to 6Ha, all 3 letters indicate successful approvals obtained. 3 reference letters provided, not all 3 letters indicate extent greater than or equal to 6 Ha, not all 3 letters indicate successful approvals obtained. 3 reference letters provided without any detail of work conducted, extents of such work and outcome thereof Proven regional experience within the Eden District Municipality Work undertaken in the Eden District Municipality in the last 5 years No work Undertaken in the Eden District Municipality in the last 5 years The lead planner is registered as a More than or equal to 10 years experience 5 2 5

26 CRITERIA SUB-CRITERIA/CLAUSE SCORE professional planner with the South African Council for Planners. No points will be allocated without proof of registration. Greater than 8 years but less than years 6 relevant experience 2 MINIMUM SCORE MAXIMUM SCORE 2 Other Professionals 2.1. Quantity Surveying Company: Lead Quantity Surveyor experience. No points will be allocated to the Professional Quantity Surveyor without proof of South African Council for the Quantity Surveying Profession registration. 2.2 Engineering Company: Lead Engineering professional experience. No points will be allocated to the Professional Engineer/ Technologist without proof of Engineering Council of South Africa registration. 2.3 Environmental Company: Lead Environmental Professional Experience. No points will be allocated to the Environmental Assessment Practitioner without More than 10 years relevant experience More than or equal to 8 year s but less than 10 years experience More than or equal to 6 year s but less than 8 years experience More than 10 years relevant experience More than or equal to 8 year s but less than 10 years experience More than or equal to 6 year s but less than 8 years experience More than 10 years relevant experience More than or equal to 8 year s but less than 10 years experience More than or equal to 6 year s but less than 8 years experience

27 CRITERIA SUB-CRITERIA/CLAUSE SCORE proof of EAPASA registration. MINIMUM SCORE MAXIMUM SCORE 2.4 Land Surveying Company: Lead Surveyor professional experience. No points will be allocated to the surveyor without proof of South African Geomatics Council registration. More than 10 years relevant experience More than or equal to 8 year s but less than 10 years experience More than or equal to 6 year s but less than 8 years experience Project and Resource Plan Project plan with the implementation plan, key activities, and timelines inclusive of operations, identified potential risk and mitigating factors. Project plan with implementation plan, key activities, and timelines Project plan with key activities and timelines Organogram with key activities linked to resources Partial resource plan provided with key activities linked to some resources 3 TOTAL POINTS Stage 4 - Price and B-BBEE This is the final stage of the evaluation process and will be based on the PPPFA preference point system of 80/ 20 Price will amount to 80 points, whilst preference will be 20 points. The award of business will be made to a bidder which has scored the highest overall points for this stage of the evaluation. Bidders must only price in accordance with the pricing schedule below, this will enable ACSA to compare priced offers. Failure to submit a priced offer using the prescribed schedule will make the bid liable for disqualification. The pricing schedule to be completed is as follows:

28 Pricing schedule Description Quoted Amount (VAT Exclusive) Town Planning and Urban Design Market Analysis and Basic Feasibility Preparation of development layout plans and precinct plans Rezoning/ Amendment Application Process Design Framework Plan and Development Guidelines Closeout Report R R R R R Other Professionals Engineering Professionals Quantity Surveyor R R Land Surveyor R Environmental Practitioner R Subtotal 1 Excl VAT Add Disbursements (these are to be clearly indicated) R Subtotal 2 Excl VAT Add Contingencies (10%) R Subtotal 3 Excl VAT Add VAT (14%) Total Price Incl. VAT R R SECTION 6: OTHER RETURNABLE DOCUMENTS6.1 These types of documents and information are required but are not mandatory or are only mandatory at specific stages of the process. ACSA may

29 request bidders to submit these documents or information after the closing date and time or might already have them on the system. Where a document or information is only mandatory at a specific stage in the process, ACSA may only disqualify a bidder for non-submission at that stage and after reasonable efforts were made to request the document from the bidder. The documents are as follows: OTHER MANDATORY RETURNABLE DOCUMENTS AND INFORMATION SUBMITTED [Yes or No] B-BBEE Certificate/ Affidavit (certified) Names and identity documents of Directors (certified) Certificate of Incorporation Proof of professional Indemnity of R 5million Company Profiles (bidder and other professionals) Appendix N Proof of professional registrations (bidder and other professionals)- Appendix N Valid tax clearance certificate/pin/proof of application to SARS (certified) 6.2 Validity of submitted information Bidders must ensure that any document or information which has been submitted in pursuance to this tender remains valid for the duration of the contract period. The duty is on the bidder to provide updated information to ACSA immediately after such information has changed.

30 APPENDIX A: DECLARATION OF INTEREST FORM Making a Declaration Any legal person or persons having a relationship with persons employed by ACSA, including a blood relationship, may submit a bid in terms of this Bid document. In view of possible allegations of unfairness, should the resulting bid, or part thereof, be awarded to persons connected with or related to ACSA employees, it is required that the bidder or his/her authorised representative declare his/her position in relation to ACSA employees or any member of the evaluation or adjudication committee which will consider bids. Furthermore, ACSA requires all bidders to declare that they have not acted in any manner inconsistent with the law, policy or fairness. All bidders must complete a declaration of interest form below: Full name of the bidder or representative of the Bidding entity Identity Number Position held in the bidding entity Registration number of the bidding entity Tax Reference number of the bidding entity VAT Registration number of the bidding entity I/We certify that there is a / no relationship between the bidding entity or any of its shareholders / directors / owner / member / partner with any ACSA employee or official. Where a relationship exists, please provide details of the ACSA employee or official and the extent of the relationship below: Full Names of Directors / Trustees / Members / Shareholders of the bidding entity Full Name Identity Number Personal Income Tax Reference Number

31 I/We declare that we have not acted in any manner which promotes unfairness, contravenes any law or is against public morals. We further certify that we will in full compliance of this Bid terms and conditions as well as ACSA policies in the event that we are successful in this Bid. Declaration: I/We the undersigned (Name) herby certify that the information furnished in this Bid document is true and correct. We further certify that we understand that where it is found that we have made a false declaration or statement in this Bid, ACSA may disqualify our bid or terminate a contract we may have with ACSA where we are successful in this Bid. Signature Position Date Name of bidder