Transnet SOC Ltd, trading through its Operating Division, Transnet National Ports Authority
(REGISTRATION NO.1990/000900/30)
NEC3 Engineering and Construction (ECC)
Request for Proposal
for
Tender Number: TNPA 686/CIDB
PROVISION OF STORMWATER AND ENVIRONMENTAL SYSTEMS IN THE PORT OF SALDANHA
Tender Issue Date: 06 DECEMBER 2017
Compulsory Briefing Session:
09 January 2018 at Bayvue Centre, Marine Drive, Port of Saldanhastarting at 10h00 hrs.
Tender Closing Date: on Tuesday, January 30, 2018 at 10h00.
TRANSNET NATIONAL PORTS AUTHORITY
ENQUIRY NUMBER: TNPA 686
DESCRIPTION OF THE WORKS: PROVISION OF STORM WATER AND ENVIRONMENTAL SYSTEMS IN THE PORT OF SALDANHA
ContentsThe Tender
Part T1: Tendering Procedures
T1.1 / Tender Notice and Invitation to Tender
T1.2 / Tender Data
T1.3 / CIDB Standard Conditions of Tender
Part T2: Returnable Documents
T2.1 / List of Returnable Documents
T2.2 / Returnable Schedules
The Contract
Part C1: Agreements and Contract Data
C1.1 / Form of Offer and Acceptance
C1.2 / Contract Data (Parts 1 & 2)
C1.3 / Forms of Securities
C1.4 / Adjudicator’s Contract
C1.5 / Transnet Procedure Manual: Principled Controlled Insurance (PCI) - 2014
Part C2: Pricing Data
C2.1 / Pricing Instructions
C2.2 / Bill of Quantities
Part C3: Scope of Work
C3.1 / Employer’sWorks Information.
Annexure C: Health and Safety Specification.
C3.2 / Contractor’s Works Information
Part C4: Site Information
C4 Site Information
LIST OF ACRONYMS
B-BBEE / Broad-Based Black Economic Empowerment
CD / Compact/computer disc
DAC / Divisional Acquisition Council
EME / Exempted Micro Enterprise
ID / Identity Document
JV / Joint Venture
LOI / Letter of Intent
NDA / Non-Disclosure Agreement
OD / Transnet Operating Division
PPPFA / Preferential Procurement Policy Framework Act
PTN / Post-Tender Negotiations
QSE / Qualifying Small Enterprise
RFP / Request for Proposal
SD / Supplier Development
SME / Small Medium Enterprise
SOC / State Owned Company
TAC / Transnet Acquisition Council
VAT / Value-Added Tax
ZAR / South African Rand
TENDER Part T1: Tendering Procedures
Page 1 of 42Tender Contents
TRANSNET NATIONAL PORTS AUTHORITY
ENQUIRY NUMBER: TNPA 686
DESCRIPTION OF THE WORKS: PROVISION OF STORM WATER AND ENVIRONMENTAL SYSTEMS IN THE PORT OF SALDANHA
T1.1 Tender Notice and Invitation to Tender
- PROPOSAL REQUEST
It is estimated that the Tenderers should have a CIDB contractor grading designation of 6CE or higher.
Responses to this RFP [hereinafter referred to as a Bid or a Proposal] are requested from persons, companies, close corporations or enterprises [hereinafter referred to as an entity, Respondent or Bidder] for the:
Provision of Storm Water and Environmental Systems in the Port of Saldanha[the Works] to Transnet.
- FORMAL BRIEFING
A compulsory RFP briefing and site visit will be conducted atBayvue Centre, Marine Drive, Port of Saldanhaon Tuesday, January09, 2018, starting at 10h00 period of ± 4 hours. [Respondents to provide own transportation and accommodation].
a)A Certificate of Attendance in the form set out in returnable schedule T2.2-5must be completed and submitted with your Proposal as proof of attendance is required for a compulsory RFP briefing and site visit.
b)Respondents failing to attend the compulsory RFP briefing will be disqualified.
c)Respondents without a valid RFP document in their possession will not be allowed to attend the site meeting and/or RFP briefing.
d)The briefing session will start punctually at 10h00 and information will not be repeated for the benefit of Respondents arriving late.
e)Tenderers and their employees, visitors, clients and customers entering Transnet National Ports Authority premises will be subjected to breathalyser testing.
f)All forms of private firearms are prohibited on Transnet properties and premises.
- PROPOSAL SUBMISSION
Only those tenderers who satisfy the following eligibility criteria are eligible to submit tenders:
a)Submit all compulsory returnables.
b)Only those tenderers who are registered with the CIDB, or are capable of being so prior to the evaluation of submissions, in a contractor grading designation equal to or higher than a contractor grading designation determined in accordance with the sum tendered or a value determined in accordance with Regulation 25 (1B) or 25(7A) of the Construction Industry Development Regulations, for a 6CE class of civil engineering works, are eligible to have their tenders evaluated.
Joint ventures are eligible to submit tenders provided that:
- every member of the joint venture is registered with the CIDB;
- the lead partner has a contractor grading designation in the CEclass of construction work; and
- the combined Contractor grading designation calculated in accordance with the Construction Industry Development Regulations is equal to or higher than a Contractor grading designation determined in accordance with the sum tendered for a 6CEclass of civil engineering works or a value determined in accordance with Regulation 25 (1B) or 25(7A) of the Construction Industry Development Regulations.
c)Comply with the required monetary value commitment of all SD initiatives to be undertaken by them which will not be less than20% [twenty percent]of the contract value, , focusing on
- Capacity and capability Building
- Skills development
- Job Creation
d)Submits a tendered price in the form of offer and acceptance which is fixed and firm for the duration of the contract.
e)Fully comply with all the requirements of the Compulsory Eligibility Criteria and returnable Form (T2.2.1)
Proposals in duplicate [1 original and 1 copy] plus a CD copy must reach the Secretariat, Divisional Acquisition Council before the closing hour on the date shown below, and must be enclosed in a sealed envelope which must have inscribed on the outside:
RFP No:TNPA 686/CIDB
DescriptionPROVISION OF STORM WATER AND ENVIRONMENTAL SYSTEMS IN THE PORT OF SALDANHA
Closing date and time:Tuesday, December12, 2017 at 10h00am
Closing addressTHE SECRETARIAT
DIVISIONAL ACQUISITION COUNCIL
TRANSNET NATIONAL PORTS AUTHORITY
TENDER BOX
RECEPTION AREA
30 WELLINGTON ROAD
PARKTOWN
JOHANNESBURG, 2193
All envelopes must reflect the return address of the Respondent on the reverse side.
- DELIVERY INSTRUCTIONS FOR RFP
Delivery by hand
a)If delivered by hand, the envelope is to be deposited in the Transnet tender box which is located at the main entranceand should be addressed as follows:
THE SECRETARIAT
DIVISIONAL ACQUISITION COUNCIL
TRANSNET NATIONA PORTS AUTHORITY
TENDER BOX
RECEPTION AREA
30 WELLINGTON ROAD
PARKTOWN
JOHANNESBURG, 2193
a) The measurements of the "tender slot" are 305mm wide x 65mm high, and Respondents must please ensure that response documents or files are no larger than the above dimensions. Responses which are too bulky [i.e. more than 65mm thick] must be split into two or more files, and placed in separate envelopes, each such envelope to be addressed as required in paragraph3 and 4 above.
b)It should also be noted that the above tender box is located at the ground levelinside the main office entrance and is accessible to the public during business hours.
b)Dispatch by courier
If dispatched by courier, the envelope must be addressed as follows and delivered to the Office of
The Secretariat, Divisional Acquisition Council and a signature obtained from that Office:
THE SECRETARIAT
DIVISIONAL ACQUISITION COUNCIL
TRANSNET NATIONA PORTS AUTHORITY
TENDER BOX
RECEPTION AREA
30 WELLINGTON ROAD
PARKTOWN
JOHANNESBURG, 2193
c)Please note that this RFP closes punctually at 10h00 on Tuesday, January 30, 2018.
d)If responses are not delivered as stipulated herein, such responses will not be considered and will be treated as "NON-RESPONSIVE" and will be disqualified.
e)No email or facsimile responses will be considered, unless otherwise stated herein.
f)The responses to this RFP will be opened as soon as practicable after the expiry of the time advertised for receiving them.
g)Transnet shall not, at the opening of responses, disclose to any other company any confidential details pertaining to the Proposals / information received, i.e. pricing, delivery, etc. The names and locations of the Respondents will be divulged to other Respondents upon request.
h)Envelopes must not contain documents relating to any RFP other than that shown on the envelope.
i)No slips are to be attached to the response documents. Any additional conditions must be embodied tender returnable T2.2-2. Subject only to clause F2.11[Alterations made by the Respondent to Bid Pricesor necessary to correct errors made by the Respondent] of the Standard Conditions of Tender, alterations, additions or deletions must not be made by the Respondent to the actual RFP documents.
- BROAD-BASED BLACK ECONOMIC EMPOWERMENT AND SOCIO-ECONOMIC OBLIGATIONS
As explained in more detail in the BBBEE Claim Form in Returnable Schedule T2.2-6 and as prescribed in terms of the Preferential Procurement Policy Framework Act (PPPFA), Act 5 of 2000 and its Regulations, Respondents are to note that Transnet will award preference points to companies who provide valid proof of their B-BBEE statususing either the latest version of the generic Codes of Good Practice or Sector Specific Codes (if applicable).
The value of this bid is estimated to be below R50 000 000 (all applicable taxes included); and therefore the 80/20 system shall be applicable.Despite the stipulated preference point system, Transnet shall use the lowest acceptable bid to determine the applicable preference point system in a situation where all received acceptable bids are received outside the stated preference point system
Respondents are required to complete Returnable Schedule T2.2-6 [the B-BBEE Preference Point Claim Form] and submit it together with valid proof of their B-BBEE Status as stipulated in the Claim Form in order to obtain preference points for their B-BBEE status. Respondents are required at all times to comply with the latest B-BBEE legislation and/or instruction notes as issued from time to time by the DTI.
Note: Failure to submit valid and original (or a certified copy of) proof of the Respondent’s compliance with the B-BBEE requirements stipulated in Returnable Schedule T2.2-6 of this RFP (the B-BBEE Preference Points Claim Form) at the Closing Date of this RFP, will result in a score of zero being allocated for B-BBEE.
5.1B-BBEE Joint Ventures or Consortiums
Respondents who would wish to respond to this RFP as a Joint Venture [JV] or consortium with B-BBEE entities, must state their intention to do so in their RFP submission. Such Respondents must also submit a signed JV or consortium agreement between the parties clearly stating the percentage [%] split of business and the associated responsibilities of each party. If such a JV or consortium agreement is unavailable, the partners must submit confirmation in writing of their intention to enter into a JV or consortium agreement should they be awarded business by Transnet through this RFP process. This written confirmation must clearly indicate the percentage [%] split of business and the responsibilities of each party. In such cases, award of business will only take place once a signed copy of a JV or consortium agreement is submitted to Transnet.
Respondents are to note the requirements for B-BBEE compliance of JVs or consortiums as required by Section 8 [the B-BBEE Preference Point Claim Form] and submit it together with proof of their B-BBEE Status as stipulated in the Claim Form in order to obtain preference points for their B-BBEE status.
Note: Failure to submit a valid and original B-BBEE certificate for the JV or a certified copy thereof at the Closing Date of this RFP will result in a score of zero being allocated for B-BBEE.
Subcontracting
If contemplating subcontracting, please note that a Respondent will not be awarded points for B-BBEE if it is indicated in its Proposal that such Respondent intends subcontracting more than 25% [twenty-five percent] of the value of the contract to an entity/entities that do not qualify for at least the same points that the Respondent qualifies for, unless the intended subcontractor is an EME with the capability to execute the contract.
Respondent/s are discouraged from subcontracting with their subsidiary companies as this may be interpreted as subcontracting with themselves and / or using their subsidiaries for fronting. Where a Respondent intends to subcontract with their subsidiary this must be declared in their bid response.
The successful Respondent awarded the contract may only enter into a subcontracting arrangement with Transnet’s prior approval.
The contract will be concluded between the successful Respondent and Transnet, therefore, the successful Respondent and not the sub-contractor will be held liable for performance in terms of its contractual obligations.
A person awarded a contract may not subcontract more than 25% [twenty-five percent] of the value of the contract to any other enterprise that does not have an equal or higher B-BBEE status level than the person concerned, unless the contract is subcontracted to an EME that has the capability and ability to execute the subcontract.
In terms of Returnable Schedule T2.2-6 of this RFP [the B-BBEE Preference Point Claim Form] Respondents are required to indicate the percentage of the contract that will be sub-contracted, indicate the % allocation to EME’s and QSE’s and the B-BBEE status of the sub-contractor/s.
5.2Supplier Development Initiatives
Historically in South Africa there has been a lack of investment in infrastructure, skills and capability development which has resulted in inequality in the income distribution and wealth of a significant portion of the population. There have been a number of Government initiatives developed to address these challenges. In particular, the New Growth Path [NGP] and New Development Plan [NDP] aligns and builds on previous policies to ensure the achievement of Government’s development objectives for South Africa.
Transnet fully endorses and supports Government’s economic policies through its facilitation of Enterprise and Supplier Development [ESD] initiatives. Hence Respondents are required to submit their commitments with regard to Enterprise and Supplier Development Initiatives over the duration of this contract.
As a prequalification criterion to participate in this bid, Respondents are required to provide a commitment that the monetary value of all SD initiatives to be undertaken by them will not be less than20% [twenty percent] of the contract value.
- Capability and capacity building in South Africa (Localisation);
- Skills development; and
- Job Creation
All Respondents must refer to Returnable Schedule T2.2-20 for instructions and complete Returnable Schedule T2.2-20 (Annexure A)[Declaration of Supplier Development Commitments] as this is a mandatory returnable document. In addition, Respondents are required to complete Annexure Ba SD Value Summaryand Supplier Development PlanAnnexure Cas these are required as essential returnable documents.
Note: Should a JV be envisaged the principal Respondent is required to submit the required responses as indicated above.
The commitments made by the successful Respondents will be incorporated as a term of the contract and monitored for compliance.
a)Evaluation Overview
As prescribed in terms of the Preferential Procurement Policy Framework Act (PPPFA), Act 5 of 2000 and its Regulations, Respondents are to note the following:
- Functionality is included at a pre-qualification stage with a prescribed percentage threshold of 70%.
TNPA reserves the right to lower the threshold for Functionality by 10% (ten percent) if no bidders pass the minimum threshold.
- Proposals will be evaluated on price which will be allocated 80 or 90 points and preference which will be allocated 20 or 10 points, dependent on the value of the Works.
- The 80/20 preference point system applies where the acquisition of the Works will be less than R50 000 000.00.
- If the 80/20 preference point system is stipulated and all Bids received exceed R50000000.00, the RFP will be cancelled.
- The 90/10 preference point system applies where acquisition of the Works will exceed R50 000 000.00.
- If the 90/10 preference point system is stipulated and all Bids received are equal to or below R50000000.00, the RFP will be cancelled.
The 80/20 preference point system is applicable to this RFP.
When Transnet invites prospective Contractors to submit Proposals for its various expenditure programmes, it requires Respondents [Large Enterprises and QSE’s - see below] to have their B-BBEE status verified in compliance with the Government Gazette No 34612, Notice No. 754 dated 23 September 2011. Valid B-BBEE Verification Certificates must be issued by:
a) Verification Agencies accredited by the South African National Accreditation System [SANAS]; or
b) Registered Auditors approved by the Independent Regulatory Board of Auditors [IRBA], in accordance with the approval granted by the Department of Trade and Industry.
A Verification Certificate issued must reflect the weighted points attained by the measured entity for each element of the scorecard as well as the overall B-BBEE rating.
Enterprises will be rated by Verification Agencies or Registered Auditors based on the following:
a)Large Enterprises [i.e. annual turnover greater than R50 million]:
- Rating level based on all seven elements of the B-BBEE scorecard
b)Qualifying Small Enterprises – QSE [i.e. annual turnover between R10 million and R50 million]:
- Rating based on any four of the elements of the B-BBEE scorecard
c)Exempted Micro Enterprises – EME [i.e. annual turnover less than R10 million]:
In accordance with B-BBEE Codes of Good Practice [Statement 000, Section 4], any enterprise with an annual total revenue of R 10 million or less qualifies as an EME.
- Automatic rating of B-BBEE Level 4 irrespective of race or ownership
- Black[1] ownership greater than 50% or Black Women ownership greater than 50% automatically qualify as B-BBEE Level 3
Sufficient evidence to qualify as an EME would be a certificate [which may be in the form of a letter] from an auditor, accounting officer or a Verification Agency accredited by SANAS. The certificate must confirm the company’s turnover, Black ownership / Black female ownership and B-BBEE status level.
Respondents are required to furnish proof of the above to Transnet. [i.e. a detailed scorecard as stipulated above in respect of Large Enterprises and QSEs, or a certificate in respect of EMEs].
In this tender, Transnet will accordingly allocate a maximum of20 [twenty] pointsin accordance with the 80/20 preference point system prescribed in the Preferential Procurement Policy Framework Act (PPPFA), Act 5 of 2000 and its Regulations to the Respondent’s final score based on an entity’s B-BBEE scorecard rating. [Refer tender returnable T2.2-6 for further details.]
N.B. Failure to submit a B-BBEE certificate, which is valid as at the Closing Date of this RFP, will result in a score of zero being allocated for B-BBEE.
Turnover: Kindly indicate your entity’s annual turnover for the past year: R______
All Respondents must complete and return the B-BBEE Preference Points Claim Form attached hereto as tender returnable T2.2-6
- COMMUNICATION
Respondents are warned that a Proposal will be liable to disqualification should any attempt be made by a Respondent either directly or indirectly to canvass any officer or employee of Transnet in respect of this RFP between the closing date and the date of the award of the business.