REFERENCE: N004-012-N-P-14509
TENDER FOR THE LEASE OF PORTION 161 (PORTION OF PORTION 62) OF THE FARM SCHURVEBERG NO 488 - JQ
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SANRAL Leases / Tender document precedent
Version @ 5 January 2017
INDEX
Section 1 Notice to Tenderers
Section 2 Tender and Adjudication Rules
Section 3 Tender Document
Section 4 Terms and conditions applicable to the lease of the property to the successful Tenderer
Section 5 Documentation to be returned to the MAJV:
5.1 Details of Tenderer
5.2 Accreditation Form
5.3 Declaration of Good Standing Regarding Tax
5.4 Declaration of Interests
5.5 Certificate of Independent Bid Determination
5.6 FICA Documentation (Finance Intelligence Centre Act, 38 of 2001)
5.7 Confirmation of Tenderer’s financial standing
5.8 BBBEE Verification Certificate
5.9 Declaration of Tenderer’s status of any debt outstanding to SANRAL
5.10 Declaration of Tenderer’s past Supply Chain Management practices
5.11 Letter of Tender
SECTION 1
NOTICE TO TENDERERS
Reference: / N004-12-N-P-14509Tender invited for: / Lease of Portion 161 (portion of Portion 62) of the Farm Schurveberg No 488 - JQ
1. This tender closes punctually at 14h00 on Thursday 9 November 2017 and may be deposited during normal business hours, excluding weekends and public holidays.
2. The Tender Depositing Box is located at the offices of The MAJV, 15 Acacia Avenue, Westville, 3629.
3. Tenders must be enclosed in sealed envelopes boldly endorsed with the following:
Reference: N004-12-N-P-14509: Lease of Portion 161 (portion of Portion 62)
of the Farm Schurveberg No 488 – JQ
Name of Tenderer: ______
4. NO FACSIMILES WILL BE ACCEPTED.
5. An envelope must NOT contain documents relating to any tender other than that shown on the envelope.
6. Tenderer’s postal details must be clearly indicated on the reverse side of the envelope containing the tender document.
7. No loose documentation is to be included in the tender envelope. Any additional conditions must be embodied in an accompanying letter, clearly marked with the details of the Tenderer, and stapled to the back of the tender document. The Tenderer must not make alterations, additions or deletions to the actual tender documents, nor may the Tenderer take apart the document, rebind or submit it in any other form other than in the form originally distributed.
8. The MAJV and the South African National Roads Agency SOC Limited (“SANRAL”) reserve the right to change or add to the Tender Documentation at any time.
9. Tenders must be deposited in the relevant Tender Depositing Box referred to in paragraph 2 before the Closing Time.
10. Where the services of messengers or couriers are utilised, the responsibility for depositing of the tender in the relevant Tender Depositing Box lies with the bearer of the tender documents, while accountability rests upon the Tenderer.
11. Tenders will be opened in public at 14h00 at the offices of The MAJV, 15 Acacia Avenue, Westville, 3629 on Thursday 09 November 2017.
12. No information on tenders received shall be divulged to anybody telephonically.
13. The MAJV and SANRAL do not bind themselves to accept the highest or any other tender.
14. All enquiries in connection with the Tender Documentation must be made in writing to the persons specified in the Invitation to tender no later than 15:00 on Monday 23 October 2017.
SECTION 2
TENDER AND ADJUDICATION RULES ______
1 Letter of Tender
The tender or submission shall be signed and witnessed on the tender letter forming part of the tender document and shall be priced in the currency of The Republic of South Africa. All forms, schedules and documents shall be completed in full and signed in black ink.
Should the space on any of the schedules be insufficient separate schedules may be drawn up, signed and stapled to the back of the tender document.
The Tenderer shall complete, sign and return the documents referred to in section 5 of this tender document, which comprise:
Document 5.1 Details of Tenderer
Document 5.2 Accreditation Form
Document 5.3 Declaration of Good Standing Regarding Tax
Document 5.4 Declaration of Interests
Document 5.5 Certificate of Independent Bid Determination
Document 5.6 FICA Documentation (Finance Intelligence Centre Act, 38 of 2001)
Document 5.7 Confirmation of Tenderer’s financial standing
Document 5.8 BBBEE Verification Certificate
Document 5.9 Declaration of Tenderer’s status of any debt outstanding to SANRAL
Document 5.10 Declaration of Tenderer’s past Supply Chain Management Practices
Document 5.11 Letter of Tender
The Tenderer must attach an original, valid “Tax clearance certificate – good standing” to Document 5.3.
The Tenderer must attach the relevant documentation required in terms of the Financial Intelligence Centre Act, 38 of 2001 (“FICA”) to Document 5.6. This documentation generally includes a copy of the Tenderer’s identity document (if the Tenderer is an individual), a copy of the company registration certificate (if the Tenderer is a company) and a utility bill reflecting the place of residence or business of the Tenderer.
Details of the Tenderer’s financial standing must be embodied in an accompanying letter issued by a registered bank or audit firm, clearly marked with the details of the Tenderer, and stapled to Document 5.7.
2 Signing of Tender Submission
The tender submission shall be signed by a person duly authorized to do so. A tender submitted by a corporation shall bear the seal of the corporation and be attested by the Secretary. Tenders submitted by Joint Ventures shall be accompanied by the document of formation, authenticated by a notary public or other official deputed to witness sworn statements, in which is defined the conditions under which the Joint Venture will function, it’s period of duration, the persons authorized to represent and obligate it, the participation of each of the parties and any other pertinent information.
3 Tender Amounts
All tendered amounts shall exclude VAT.
4 Alterations to Tender Documents
No unauthorized alteration or addition shall be made to the tender documents. If any such alteration or addition is made the tender may be rejected. Tenders shall be submitted without any qualifications. The Tenderer must not make alterations, additions or deletions to the actual tender documents, nor may the Tenderer take apart the document, rebind or submit it in any other form other than in the form originally distributed.
5 Confidential Nature of Documents
All recipients of the tender documents (whether or not a tender is submitted) shall treat the details of the documents as confidential. No parts of any of the tender documents may be reproduced without the permission of the MAJV and SANRAL.
6 Costs Incurred by the Tenderer
The MAJV and SANRAL will not be responsible for, or pay, any expenses or losses of whatsoever nature that may be incurred by the Tenderer in the preparation and submission of the tender or visiting the site in connection therewith.
7 Acquaintance of Property
The Tenderer shall acquaint himself/herself with the property being leased.
8 Tender Acceptance
The MAJV and SANRAL do not bind themselves to accept the highest or any tender and reserve the right, at their sole discretion, to reject any tender that does not comply with any of the requirements set out in the tender documentation.
9 Tender Withdrawal or Modification Prior to Closing
Any Tenderer has the right to withdraw, modify or correct his tender after it has been delivered, provided that the written request for such withdrawal, modification or correction, together with full details of such modification or correction is received at the address given for submission of tenders before the closing time and date set for the receipt of tenders.
The original tender as amended by such written communication shall be considered the Tenderer’s offer.
10 Tender Withdrawal or Modification After Closing
The MAJV and SANRAL may ask any Tenderer for a clarification of his tender or to amend or adjust imbalanced tendered rates or correct arithmetical errors after the tenders have been opened at their sole discretion.
Tenders shall remain valid for a period 120 days from the time set for the closing of tenders and no Tenderer may withdraw his tender within this period unless he is informed by the MAJV within this period that his tender is not accepted.
Should any Tenderer amend (other than set out above) or withdraw his tender after the time set for closing of tenders and prior to expiry of the validity of his tender or being notified that his tender is not acceptable:
· give notice of his inability to execute the tender in terms of his tender
· fail to execute in terms of the Lease documents
he shall pay the difference between his tender and any less favourable tender that is accepted in consequence of his non performance.
11 Cancellation of Contract
If the MAJV and SANRAL is satisfied that any person (being an Employee, Partner, Director or Shareholder of the Tenderer or a person acting on behalf of or with the knowledge of the Tenderer), firm or company:
· is executing a contract unsatisfactorily;
· has offered or promised a bribe or any other gift or remuneration to any officer or Employee of the Public Service or any Organ of State in connection with obtaining or execution of a contract;
· has acted in a fraudulent manner or in bad faith or any other unsatisfactory manner in obtaining or executing a contract with any government department, provincial administration, public body, company or person, or that he has managed his affairs in such a way that he has in consequence thereof been found guilty of a criminal offence;
· has approached an officer or employee of the Public Service or any Organ of State or in the service of the MAJV and SANRAL before or after any tenders have been called for, to influence the award of the contract in his favour;
· has withdrawn or amended his tender after the time set for the receipt and opening of tenders;
· when advised that his tender has been accepted, has given notice of his inability to execute or sign the contract or furnish the security required;
· has disclosed to any other person, firm or company the exact or approximate amount of his proposed tender except in confidence in order to obtain the required security;
· has entered into any agreement or arrangement with any other person, firm or company to refrain from tendering for this or any other contract, or as to the amount of the tender to be submitted by either party;
· has made any misrepresentation to the MAJV and SANRAL in any matter whatsoever;
then the MAJV and SANRAL may, in addition to any other claim it may have, cancel the contract between the parties and not consider any tender from such person or party for such period, at its sole discretion, may decide.
If the MAJV and SANRAL is satisfied that any person, firm or company was a shareholder, director or key employee of an entity whose tender was cancelled in consequence of the above they may decide that any tender received from any entity of which such person, firm or company is a shareholder, director or key employee may also not be considered.
The MAJV and SANRAL shall be entitled not to consider any tender received from any person, firm or company where such person, firm or company or director of such company is involved in any sort of litigation proceedings with the MAJV or SANRAL or legal proceedings are likely to be instituted in the near future.
12 Submission of Tenders
All tenders and supporting documents shall be submitted strictly in accordance with the instructions given in the official tender notice and shall be sealed in an envelope or package clearly marked with the tender details and be received by the MAJV prior to the closing time and date.
Delivery of tenders shall be by hand, in a sealed envelope and deposited in the tender box at the street address stated in the tender notice.
13 Additional Information Required
The Tenderer shall submit with his tender all information as required in terms of the tender documents. The MAJV and SANRAL reserve the right to call for any further information, amplification and details and the Tenderer shall provide such information within 5 (five) working days of being requested to do so. All information so submitted shall be in writing and shall be considered to be the basis on which the tender has been submitted.
Any failure of the Tenderer to submit such information shall afford the MAJV and SANRAL the right, at its sole discretion, to disqualify the tender.
14 Amendments to Tender by the MAJV and the SANRAL
The MAJV and the SANRAL reserve the right to correct any arithmetical errors in the rates and totals in the tender. The Tenderer shall be informed of such amendments prior to the acceptance of his tender and he shall have the right to accept or reject such amendments. In the event of his rejection of amendment to his tender total, the tender amount as submitted shall remain his committed tender amount.
15 Disqualification of Tender
Any tender that has not conformed to these tender rules or any requirements set out in the tender documentation may be disqualified at the sole discretion of the MAJV and SANRAL.
16 Delegation of Authority
The MAJV and the SANRAL may delegate any powers vested in them by virtue of these rules to any representative or employee of the MAJV and the SANRAL.
17 Tender Rules are Binding
The tender rules and any instructions given in the tender notice shall be binding on all tenders submitted.
18 Language of the Contract
English shall be the language of the contract and any tender that may be submitted in any other language shall be disqualified.
19 Criteria for Adjudicating Tenders
Tenders shall be evaluated and measured taking into account the following:
· the amount tendered;
· the Tenderer’s financial viability.
The responsive bidders will be further evaluated in accordance with the preference points system as prescribed in the Preferential Procurement Policy Framework Act will be applied as follows: