Heidelberg Road. City Deep Johannesburg

Transcription

1 Joburg Market celebrating 120 years of freshness Heidelberg Road City Deep Johannesburg 2049 PO Box City Deep, Johannesburg South Africa 2049 Tel +27(0) Fax +27(0) REQUEST FOR QUOTATION No: RFQ INFRA 015 PROCUREMENT FROM R UP TO A TRANSACTION VALUE OF R (INCL. VAT) (FOR PUBLICATION ON THE JOBURG MARKET WEBSITE AND NOTICE BOARDS) APPOINTMENT OF PROFESSIONAL SERVICES PROVIDERS FOR THE DEVELOPMENT OF A FEASIBILITY ASSESSMENT AND BUSINESS PLAN FOR THE PROPOSED FRESH PRODUCE SATELLITE MARKET AND DISTRIBUTION CENTRES. Issued by: The Joburg Market: Supply Chain Department P.O. Box Heidelberg Road City Deep Johannesburg 2049 Ms. Refiloe Malatjie (Procurement Officer) Mr. Sello Makhubela (Infrastructure ) rmalatji@joburgmarket.co.za Full name of bidding/tendering entity: Contact Person: Tel Number: address: Total contract value (excl. VAT): Total contract value (incl. VAT): R R Price linked to Rand/Dollar exchange: Yes No Advert Date: 18 June 2014 Briefing session: Closing date and time: Contract amount in words: Initial: Authorised signatory/ies: 20 June 09H00 at 4 th floor boardroom 24 June 11H00 Non-Executive Directors Ms Nompumelelo Mpofu (Chairperson), Ms Nadira Singh, Mr. Matome Morokolo, Mr. Samuel Mafadza, Mr. Terry Tselane, Dr Dorothy Sekhukhune, Ms Shelley Childs, Dr Ethel Zulu, Dr Patrick Maesela Chief Executive Officer Ms Simangele Sekgobela Chief Financial Officer Mr. Bafana Dhlamini Auditors Auditor General Registration Number: 2000/023383/07

2 REQUIRED DOCUMENTS Please note that failure to lodge the following documentation and/or proof will lead to an immediate disqualification: 1. Submissions of a VALID and original Tax clearance certificate 2. MBD 1, 3.3,4, 6.1, 8, 9 and General Conditions of Contract must be completed and signed 3. Valid Proof of company registration documents 4. Certified ID copies of shareholders or certified share certificates Other important documents to be attached:- Municipal rates and taxes account not older than three months or lease agreement BBBEE Verification Certificate from Verification Agency accredited by the South African Accreditation System (SANAS) OR a Registered Auditor approved by the Independent Regulatory Board of Directors (IRBA) OR an Accounting Officer as contemplated in the Close Corporation Act (CCA) in order to claim preference points. All quotes must be prepared according to the scope of work. Please double check that you have attached all the above documents before submitting your Bid. BID DOCUMENTS CHECK LIST: A completed and signed BID document must be submitted in a sealed envelope. The BID document must be punched and placed into file with dividers between every schedule. The schedules must be in the form and numbered according to the numbering stated below. That is: Schedules Description Submitted Indicate YES or NO Schedule 1 Valid Original Tax Clearance Schedule 2 Proof of company registration documents Schedule 3 B-BBEE Status Level Certificate Schedule 4 Copy of the municipal rates and taxes account not older than three months Schedule 5 Certified ID copies of shareholders Page 2 of 46

3 BACKGROUND The Joburg Market is in the process of re-aligning itself to market and industry dynamics in the Fresh Produce industry. One of the initiatives involves taking the market to the people by the way of establishing satellite markets and distribution centers operations in high-density trading communities. Joburg Market as a corporatized entity of the City of Johannesburg recognizes that it has an active role to play in achieving the GDS 2040 outcomes. The introduction of the satellite markets and distribution centers within easy reach of the residential communities under the auspices of the City of Johannesburg will contribute toward the fulfillment of the GDS 2040 outcomes. This initiative will contribute towards accelerating economic growth and empowerment of SMME s and facilitates opportunities for them in other value added service areas related to the fresh produce business. The development of SMME has long been a center stage for job creation and empowerment for the City of Johannesburg. In the process of creating jobs and accommodating informal traders, The Joburg Market will engage and form relations with the relevant organizations (e.g. Vendors & Hawkers organizations) and offer training on how to run and develop a Fresh Produce business. This will involve locating the informal traders in organized structural facilities. The development of the satellite markets and distribution centers will offer a one-stop shop facility for Fresh Produce accessible to the COJ s local communities with focus to deliver; service excellence and customer care, accessibility of Fresh Produce at affordable prices to the local communities of the COJ. On a daily basis will encourage an increase in consumption and build better knowledge of Fresh Produce resulting in improvement of the quality of life for the local community. VALUE PROPOSITION The concept of satellite markets and distribution centers will be piloted all regions sites as a market test. The choice of this location will be based on visibility, transport accessibility and relevancy to the Market of the Future project. This project will ensure that traders are not disadvantage by being located far from the market. They will purchase the same produce as vendors, which go to the market; fresh - direct from the farm without incurring additional transportation costs. The project offers the customers fresh, affordable, quality, flexible Fresh produce on a daily basis without incurring any additional transportation costs PRODUCT MIX Satellite markets and distribution centers will enable the local communities to obtain Fresh produce products fitting with the current local trends to satisfy their needs. These produce includes: Variety of Fresh Produce (Fruits and Vegetables) With our core focus on Fruit and Vegetables of the following qualities: Fresh Directly from the farm Hygienic Clean, healthy and safe products Good quality standard set criteria Good taste resulting from the freshness and good quality Page 3 of 46

4 DELIVERABLES Service providers will be required to refine the development concepts and undertake a feasibility assessment of the two interventions and develop a business plan. This will include a detailed project planning, designs and documentation, project implementation, monitoring and control. The Phases and outputs are summarised as follows: Phase 1 Concept review and feasibility studies for the develop out of satellite markets Report on the final concept feasibility assessment Presentation of the draft concept and feasibility report to the Joburg Market Executive Committee. Phase 2 Business plan development Submit business plan to Joburg Market Presentation of the business plan to the Joburg Market Executive Committee. Phase 3 Detailed project planning, design and documentation Project Implementation, monitoring and control Project closure and handover. DATE OF COMMENCEMENT AND DURATION: Work is to be completed by 10 July FUNCTIONALITY Service Providers will be evaluated in terms of functionality as part of the minimum requirements before evaluated on price as follows:- CRITERION WEIGHTING Past Relevant Experience and Reputation in the development and implementation of the Business Plans (Provide contactable references) 50 Relevant Qualifications and Professional Status 30 Project Methodology in line with scope of work 10 Writing and Documentation skills 10 TOTAL 100 NB! The minimum cut off points for functionality is 70 points out of 100 points and any bidder scoring less than 70 points will not be considered for further evaluation. Page 4 of 46

5 Service Providers that qualified pre-evaluation in terms of the functionality cut-off points of 70 points will then be evaluated in terms 80/20 preference point system. Past Relevant Experience and Reputation in the development and Total 50 points implementation of the Broad-based Black Economic Empowerment. (Attach CV and letters of reference or provide contactable references from clients for similar services ) At least 5 years experience in the development and implementation of 15 Points Business Plans (Evaluated against CV and references) At least 5 years experience in conducting feasibility studies for business 15 Points development (Evaluated against CV and references) At least two (2) relevant projects of a similar nature with good reputation 20 points (Evaluated against 2 contactable references) No experience / No submission 0 points Relevant Qualifications in a related discipline: ( Attach CV plus copies of qualifications and professional status) B Degree or B Tech National Diploma Total 30 points 20 points 10 points (Relevant qualifications should be in the Business Studies or Development studies or Economics or related fields) Relevant training in Feasibility Studies and Business Plans development 10 Points (certificates) No submission 0 points Project Methodology in line with scope of work (Attach project plan) Total 10 points A project schedule with estimate timelines of how the required scope of services will be provided 10 points No submission 0 points Writing and Documentation Skills (Attach 2 examples of previous work) Formulation of a comprehensive Business Plan Good writing and documentation skills conveyed in examples of previous work Total 10 points 10 points No submission 0 points Page 5 of 46

6 Note: A bidder/s that scores less than 70 points out of 100 in respect of functionality will be regarded as submitting a non-responsive bid and will be disqualified. Should the relevant bidder/s meet the minimum required percentage or minimum points, they will be evaluated in terms of price and preference as per the PPPFA Act, No.5 of 2000 and its associated Regulations issued by the National Treasury. EVALUATION CRITERIA Final Proposal will be evaluated on the basis of the PPPFA 80/20 point system as presented in the preferential procurement regulations 2011, for this purpose MBD 6.1 forms should be scrutinized, completed and submitted together with your quotation. The 80/20 point system will be as follows: rice Assessment 80 Points TOTAL 80 PREFERENTIAL 20 Points ELEMENTS B-BBEE Status Level of Contributor Number of points (80/20 system) Non-compliant contributor 0 SIGNATURE OF PERSON AUTHORISED TO SIGN THE BID.. DATE:. Page 6 of 46

7 LISTOF CONTACTABLE REFERENCES Company Name Contact person Contact number Nature of the Project Page 7 of 46

8 INVITATION TO BID MBD 1 YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF THE JOBURG MARKET (SOC) LTD BID NUMBER: INFRA 015 CLOSING DATE: 24 June 2014 CLOSING TIME: 11:00 DESCRIPTION: APPOINTMENT OF PROFESSIONAL SERVICES PROVIDERS FOR THE DEVELOPMENT OF A FEASIBILITY ASSESSMENT AND BUSINESS PLAN FOR THE PROPOSED FRESH PRODUCE SATELLITE MARKET AND DISTRIBUTION CENTRES. BID DOCUMENTS MAY BE POSTED PO BOX City Deep Johannesburg 2049 OR DEPOSITED IN THE BID BOX SITUATED AT GROUND FLOOR (left hand side of the entrance just before the security desk), Joburg Market Main Building by the closing date and time as per Joburg Market`s clock. All Suppliers are encouraged to make their submission before the closing time. 4 Fortune Road City Deep Johannesburg Bidders should ensure that bids are delivered timeously to the correct address. If the bid is late, it will not be accepted for consideration. The bid box is generally open 24 hours a day, 7 days a week. ALL BIDS MUST BE SUBMITTED ON THE OFFICIAL FORMS (NOT TO BE RE-TYPED) THIS BID IS SUBJECT TO THE PREFERENTIAL PROCUREMENT POLICY FRAMEWORK ACT AND THE PREFERENTIAL PROCUREMENT REGULATIONS, 2011, THE GENERAL CONDITIONS OF CONTRACT (GCC) AND, IF APPLICABLE, ANY OTHER SPECIAL CONDITIONS OF CONTRACT Page 8 of 46

9 MBD 1 Continued THE FOLLOWING PARTICULARS MUST BE FURNISHED (FAILURE TO DO SO MAY RESULT IN YOUR BID BEING DISQUALIFIED) NAME OF BIDDING ENTITY POSTAL ADDRESS STREET ADDRESS... ADRESS TELEPHONE NUMBER CODE... NUMBER... CELLPHONE NUMBER... FACSIMILE NUMBER CODE... NUMBER... VAT REGISTRATION NUMBER... HAS AN ORIGINAL VAT CERTIFICATE BEEN ATTACHED? YES/NO ARE YOU THE ACCREDITED REPRESENTATIVE IN SOUTH AFRICA FOR THE GOODS/SERVICES OFFERED BY YOU? YES/NO (IF YES ENCLOSE PROOF) SIGNATURE OF BIDDER DATE CAPACITY UNDER WHICH THIS BID IS SIGNED... TOTAL BID PRICE TOTAL NUMBER OF ITEMS... TOTAL PRICE IN WORDS. ANY QUERIES REGARDING THE BIDDING PROCEDURE MAY BE DIRECTED TO: Contact Persons: Ms. Refiloe Malatji rmalatji@joburgmarket.co.za Page 9 of 46

10 TAX CLEARANCE CERTIFICATE REQUIREMENTS MBD 2 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 the 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 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 Page 10 of 46

11 PRICING SCHEDULE (Professional Services) MBD 3.3 Name of bidder Bid number: INFRA 015 Compulsory briefing session: 16 January 09H00 Closing Time 11:00 on 24 June 2014 OFFER TO BE VALID FOR DAYS FROM THE CLOSING DATE OF BID. ITEM QUANTITY DESCRIPTION BID PRICE IN RSA CURRENCY NO. (INCLUDING VAT) DESCRIPTION AMOUNT EXCLUDING VAT Phase 1 Concept review and feasibility studies for the develop out of satellite markets Report on the final concept feasibility assessment Presentation of the draft concept and feasibility report to the Joburg Market Executive Committee. Phase 2 Business plan development Submit business plan to Joburg Market Presentation of the business plan to the Joburg Market Executive Committee. Phase 3 Detailed project planning, design and documentation Project Implementation, monitoring and control Project closure and handover. Other (specify) Subtotal VAT (14%) Total including VAT 1. The accompanying information must be used for the formulation of proposals. 2. Bidders are required to indicate a ceiling price based on the total estimated time for completion of all phases and Including all expenses inclusive of VAT for the project. R..... Page 11 of 46

12 3. PERSONS WHO WILL BE INVOLVED IN THE PROJECT AND RATES APPLICABLE (CERTIFIED INVOICES MUST BE RENDERED IN TERMS HEREOF) 4. PERSON AND POSITION HOURLY RATE DAILY RATE R R R PHASES ACCORDING TO WHICH THE PROJECT WILL BE COMPLETED, COST PER PHASE AND MAN-DAYS TO BE SPENT R days R days R days 5.1 Travel expenses (specify, for example rate/km and total km, class of air travel, etc). Only actual costs are recoverable. Proof of the expenses incurred must accompany certified invoices. DESCRIPTION OF EXPENSE TO BE INCURRED RATE QUANTITY AMOUNT R R R TOTAL: R. 5.2 Other expenses, for example accommodation (specify, eg. Three star hotel, bed and breakfast, telephone cost, reproduction cost, On basis of these particulars, certified invoices will be checked for correctness. Proof of the expenses must accompany invoices. DESCRIPTION OF EXPENSE TO BE INCURRED RATE QUANTITY AMOUNT R R R TOTAL: R. 6. Period required for commencement with project after acceptance of bid. 7. Estimated man-days for completion of project. 8. Are the rates quoted firm for the full period of contract?. 9. If not firm for the full period, provide details of the basis on which adjustments will be applied for, for example consumer price index... Page 12 of 46

13 DECLARATION OF INTEREST MBD 4 1. Any legal person, including persons employed by the state¹, 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 an advertised competitive bid, a limited bid, a proposal or written price quotation). 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 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: Position occupied in the Company (director, trustee, shareholder², member): 2.4 Registration number of company, enterprise, close corporation, partnership agreement or trust: Tax Reference Number: 2.6 VAT Registration Number: The names of all directors / trustees / shareholders / members, their individual identity numbers, tax reference numbers and, if applicable, employee / PERSAL numbers must be indicated in paragraph 3 below. ¹ 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 Shareholder means a person who owns shares in the company and is actively involved in the management of the enterprise or business and exercises control over the enterprise. 2.7 Are you or any person connected with the bidder YES / NO presently employed by the state? If so, furnish the following particulars: Name of person / director / trustee / shareholder/ member:... Name of state institution at which you or the person connected to the bidder is employed : Page 13 of 46

14 Position occupied in the state institution: Any other particulars: If you are presently employed by the state, did you obtain YES / NO the appropriate authority to undertake remunerative work outside employment in the public sector? If yes, did you attach proof of such authority to the bid YES / NO document? (Note: Failure to submit proof of such authority, where applicable, may result in the disqualification of the bid If no, furnish reasons for non-submission of such proof: Did you or your spouse, or any of the company s directors / YES / NO trustees / shareholders / members or their spouses conduct business with the state in the previous twelve months? If so, furnish particulars: Do you, or any person connected with the bidder, have YES / NO 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? If so, furnish particulars Are you, or any person connected with the bidder, YES/NO aware of any relationship (family, friend, other) between any other bidder and any person employed by the state who may be involved with the evaluation and or adjudication of this bid? If so, furnish particulars Do you or any of the directors / trustees / shareholders / members YES/NO of the company have any interest in any other related companies whether or not they are bidding for this contract? Page 14 of 46

15 If so, furnish particulars:... Full details of directors / trustees / members / shareholders. Full Name Identity Number Personal Income Tax Reference Number State Employee Number / Persal Number DECLARATION I, THE UNDERSIGNED (NAME) CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPHS 2 and 3 ABOVE IS CORRECT. I ACCEPT THAT THE STATE MAY REJECT THE BID OR ACT AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE... Signature. Position.. Date Name of bidder Page 15 of 46

16 PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT REGULATIONS 2011 MBD 6.1 This preference form must form part of all bids invited. It contains general information and serves as a claim form for preference points for Broad-Based Black Economic Empowerment (B-BBEE) Status Level of Contribution NB: BEFORE COMPLETING THIS FORM, BIDDERS MUST STUDY THE GENERAL CONDITIONS, DEFINITIONS AND DIRECTIVES APPLICABLE IN RESPECT OF B-BBEE, AS PRESCRIBED IN THE PREFERENTIAL PROCUREMENT REGULATIONS, GENERAL CONDITIONS 1.1 The following preference point systems are applicable to all bids: - the 80/20 system for requirements with a Rand value of up to R (all applicable taxes included); and - the 90/10 system for requirements with a Rand value above R (all applicable taxes included). 1.2 The value of this bid is estimated to exceed/not exceed R (all applicable taxes included) and therefore the 80/20 system shall be applicable. 1.3 Preference points for this bid shall be awarded for: (a) (b) Price; and B-BBEE Status Level of Contribution The maximum points for this bid are allocated as follows: POINTS PRICE B-BBEE STATUS LEVEL OF CONTRIBUTION 20 Total points for Price and B-BBEE must not exceed Failure on the part of a bidder to fill in and/or to sign this form and submit a B-BBEE Verification Certificate from a Verification Agency accredited by the South African Accreditation System (SANAS) or a Registered Auditor approved by the Independent Regulatory Board of Auditors (IRBA) or an Accounting Officer as contemplated in the Close Corporation Act (CCA) together with the bid, will be interpreted to mean that preference points for B-BBEE status level of contribution are not claimed The purchaser 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 the purchaser. 2. DEFINITIONS Page 16 of 46

17 2.1 all applicable taxes includes value-added tax, pay as you earn, income tax, unemployment insurance fund contributions and skills development levies; 2.2 B-BBEE means broad-based black economic empowerment as defined in section 1 of the Broad -Based Black Economic Empowerment Act; 2.3 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; 2.4 bid means a written offer in a prescribed or stipulated form in response to an invitation by an organ of state for the provision of services, works or goods, through price quotations, advertised competitive bidding processes or proposals; 2.5 Broad-Based Black Economic Empowerment Act means the Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003); 2.6 comparative price means the price after the factors of a non-firm price and all unconditional discounts that can be utilized have been taken into consideration; 2.7 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; 2.8 contract means the agreement that results from the acceptance of a bid by an organ of state; 2.9 EME means any enterprise with an annual total revenue of R5 million or less Firm price means the price that is only subject to adjustments in accordance with the actual increase or decrease resulting from the change, imposition, or abolition of customs or excise duty and any other duty, levy, or tax, which, in terms of the law or regulation, is binding on the contractor and demonstrably has an influence on the price of any supplies, or the rendering costs of any service, for the execution of the contract; 2.11 functionality means the measurement according to predetermined norms, as set out in the bid documents, of a service or commodity that is designed to be practical and useful, working or operating, taking into account, among other factors, the quality, reliability, viability and durability of a service and the technical capacity and ability of a bidder; 2.12 non-firm prices means all prices other than firm prices; 2.13 person includes a juristic person; 2.14 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; 2.15 sub-contract means the primary contractor s assigning, leasing, making out work to, or employing, another person to support such primary contractor in the execution of part of a project in terms of the contract; 2.16 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; 2.17 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; and Page 17 of 46

18 2.18 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. 3. ADJUDICATION USING A POINT SYSTEM 3.1 The bidder obtaining the highest number of total points will be awarded the contract. 3.2 Preference points shall be calculated after prices have been brought to a comparative basis taking into account all factors of non-firm prices and all unconditional discounts;. 3.3 Points scored must be rounded off to the nearest 2 decimal places. 3.4 In the event that two or more bids have scored equal total points, the successful bid must be the one scoring the highest number of preference points for B-BBEE. 3.5 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 must be the one scoring the highest score for functionality. 3.6 Should two or more bids be equal in all respects, the award shall be decided by the drawing of lots. 4. POINTS AWARDED FOR PRICE 4.1 THE 80/20 OR 90/10 PREFERENCE POINT SYSTEMS A maximum of 80 or 90 points is allocated for price on the following basis: 80/20 or 90/10 Where Pt P min Pt P min Ps 801 or Ps 901 P min P min Ps = Points scored for comparative price of bid under consideration Pt = Comparative price of bid under consideration Pmin = Comparative price of lowest acceptable bid 5. Points awarded for B-BBEE Status Level of Contribution 5.1 In terms of Regulation 5 (2) and 6 (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 Number of points (80/20 system) Number of points (90/10 system) Page 18 of 46

19 Non-compliant contributor Bidders who qualify as EMEs in terms of the B-BBEE Act must submit a certificate issued by an Accounting Officer as contemplated in the CCA or a Verification Agency accredited by SANAS or a Registered Auditor. Registered auditors do not need to meet the prerequisite for IRBA s approval for the purpose of conducting verification and issuing EMEs with B-BBEE Status Level Certificates. 5.3 Bidders other than EMEs must submit their original and valid B-BBEE status level verification certificate or a certified copy thereof, substantiating their B-BBEE rating issued by a Registered Auditor approved by IRBA or a Verification Agency accredited by SANAS. 5.4 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 their B-BBEE status level certificate. 5.5 A trust, consortium or joint venture will qualify for points for their B-BBEE status level as an unincorporated entity, provided that the entity submits their consolidated B-BBEE scorecard as if they were a group structure and that such a consolidated B-BBEE scorecard is prepared for every separate bid. 5.6 Tertiary institutions and public entities will be required to submit their B-BBEE status level certificates in terms of the specialized scorecard contained in the B-BBEE Codes of Good Practice. 5.7 A person will not be awarded points for B-BBEE status level if it is indicated in the bid documents that such a bidder intends sub-contracting more than 25% of the value of the contract to any other enterprise that does not qualify for at least the points that such a bidder qualifies for, unless the intended sub-contractor is an EME that has the capability and ability to execute the sub-contract. 5.8 A person awarded a contract may not sub-contract more than 25% 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 sub-contracted to an EME that has the capability and ability to execute the sub-contract. 6. BID DECLARATION 6.1 Bidders who claim points in respect of B-BBEE Status Level of Contribution must complete the following: 7. B-BBEE STATUS LEVEL OF CONTRIBUTION CLAIMED IN TERMS OF PARAGRAPHS AND B-BBEE Status Level of Contribution = (maximum of 20 points) Page 19 of 46

20 (Points claimed in respect of paragraph 7.1 must be in accordance with the table reflected in paragraph 5.1 and must be substantiated by means of a B-BBEE certificate issued by a Verification Agency accredited by SANAS or a Registered Auditor approved by IRBA or an Accounting Officer as contemplated in the CCA). 8 SUB-CONTRACTING 8.1 Will any portion of the contract be sub-contracted? YES / NO (delete which is not applicable) If yes, indicate: (i) what percentage of the contract will be subcontracted?.... % (ii) the name of the sub-contractor?.. (iii) the B-BBEE status level of the sub-contractor?.. (iv) whether the sub-contractor is an EME? YES / NO (delete which is not applicable) 9 DECLARATION WITH REGARD TO COMPANY/FIRM 9.1 Name of firm : VAT registration number : Company registration number. : 9.4 TYPE OF COMPANY/ FIRM Partnership/Joint Venture / Consortium One person business/sole propriety Close corporation Company (Pty) Limited [TICK APPLICABLE BOX] 9.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES COMPANY CLASSIFICATION Manufacturer Supplier Professional service provider Other service providers, e.g. transporter, etc. [TICK APPLICABLE BOX] 9.7 MUNICIPAL INFORMATION Municipality where business is situated.. Registered Account Number. Stand Number. 9.8 Total number of years the company/firm has been in business? Page 20 of 46

21 9.9 I/we, the undersigned, who is / are duly authorised to do so on behalf of the company/firm, certify that the points claimed, based on the B-BBE status level of contribution indicated in paragraph 7 of the foregoing certificate, qualifies the company/ firm for the preference(s) shown and I / we acknowledge that: (i) (ii) (iii) (iv) The information furnished is true and correct; The preference points claimed are in accordance with the General Conditions as indicated in paragraph 1 of this form. In the event of a contract being awarded as a result of points claimed as shown in paragraph 7, the contractor may be required to furnish documentary proof to the satisfaction of the purchaser that the claims are correct; If the B-BBEE status level of contribution has been claimed or obtained on a fraudulent basis or any of the conditions of contract have not been fulfilled, the purchaser may, in addition to any other remedy it may have (a) (b) (c) disqualify the person from the bidding process; recover costs, losses or damages it has incurred or suffered as a result of that person s conduct; cancel the contract and claim any damages which it has suffered as a result of having to make less favourable arrangements due to such cancellation; WITNESSES: (d) restrict the bidder or contractor, its shareholders and directors, or only the shareholders and directors who acted on a fraudulent basis, from obtaining business from any organ of state for a period not exceeding 10 years, after the audi alteram partem (hear the other side) rule has been applied; and (e) forward the matter for criminal prosecution 1. SIGNATURE(S)OF BIDDER(S) 2. DATE:.. ADDRESS:..... Page 21 of 46

22 MBD 8 DECLARATION OF BIDDER S PAST SUPPLY CHAIN MANAGEMENT PRACTICES 1 This Municipal Bidding Document must form part of all bids invited. 2 It serves as a declaration to be used by municipalities and municipal entities in ensuring that when goods and services are being procured, all reasonable steps are taken to combat the abuse of the supply chain management system. 3 The bid of any bidder may be rejected if that bidder, or any of its directors have: a. abused the municipality s / municipal entity s supply chain management system or committed any improper conduct in relation to such system; b. been convicted for fraud or corruption during the past five years; c. willfully neglected, reneged on or failed to comply with any government, municipal or other public sector contract during the past five years; or d. been listed in the Register for Tender Defaulters in terms of section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004). 4 In order to give effect to the above, the following questionnaire must be completed and submitted with the bid. Item Question Yes No 4.1 Is the bidder or any of its directors listed on the National Treasury s Yes No Database of Restricted Suppliers as companies or persons prohibited from doing business with the public sector? (Companies or persons who are listed on this Database were informed in writing of this restriction by the Accounting Officer/Authority of the institution that imposed the restriction after the audi alteram partem rule was applied). The Database of Restricted Suppliers now resides on the National Treasury s website ( and can be accessed by clicking on its link at the bottom of the home page If so, furnish particulars: 4.2 Is the bidder or any of its directors listed on the Register for Tender Defaulters in terms of section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004)? The Register for Tender Defaulters can be accessed on the National Treasury s website ( by clicking on its link at the bottom of the home page. Yes No Page 22 of 46

23 4.2.1 If so, furnish particulars: 4.3 Was the bidder or any of its directors convicted by a court of law (including a court of law outside the Republic of South Africa) for fraud or corruption during the past five years? If so, furnish particulars: Yes No Item Question Yes No 4.4 Does the bidder or any of its directors owe any municipal rates and taxes or municipal charges to the municipality / municipal entity, or to any other municipality / municipal entity, that is in arrears for more than three months? Yes No If so, furnish particulars: 4.5 Was any contract between the bidder and the municipality / municipal entity or any other organ of state terminated during the past five years on account of failure to perform on or comply with the contract? If so, furnish particulars: Yes No CERTIFICATION I, THE UNDERSIGNED (FULL NAME).... CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM TRUE AND CORRECT. I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT, ACTION MAY BE TAKEN AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE.... Signature.. Date. Position.. Name of Bidder Page 23 of 46

24 MBD 9 CERTIFICATE OF INDEPENDENT BID DETERMINATION 1 This Municipal Bidding Document (MBD) must form part of all bids¹ invited. 2 Section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998, as amended, prohibits an agreement between, or concerted practice by, firms, or a decision by an association of firms, if it is between parties in a horizontal relationship and if it involves collusive bidding (or bid rigging).² Collusive bidding is a pe se prohibition meaning that it cannot be justified under any grounds. 3 Municipal Supply Regulation 38 (1) prescribes that a supply chain management policy must provide measures for the combating of abuse of the supply chain management system, and must enable the accounting officer, among others, to: a. take all reasonable steps to prevent such abuse; b. reject the bid of any bidder if that bidder or any of its directors has abused the supply chain management system of the municipality or municipal entity or has committed any improper conduct in relation to such system; and c. cancel a contract awarded to a person if the person committed any corrupt or fraudulent act during the bidding process or the execution of the contract. 4 This MBD serves as a certificate of declaration that would be used by institutions to ensure that, when bids are considered, reasonable steps are taken to prevent any form of bid-rigging. 5 In order to give effect to the above, the attached Certificate of Bid Determination (MBD 9) must be completed and submitted with the bid: ¹ Includes price quotations, advertised competitive bids, limited bids and proposals. ² Bid rigging (or collusive bidding) occurs when businesses, that would otherwise be expected to compete, secretly conspire to raise prices or lower the quality of goods and / or services for purchasers who wish to acquire goods and / or services through a bidding process. Bid rigging is, therefore, an agreement between competitors not to compete. Page 24 of 46

25 MBD 9 CERTIFICATE OF INDEPENDENT BID DETERMINATION I, the undersigned, in submitting the accompanying bid: (Bid Number and Description) in response to the invitation for the bid made by: (Name of Municipality / Municipal Entity) do hereby make the following statements that I certify to be true and complete in every respect: I certify, on behalf of: that: (Name of Bidder) 1. I have read and I understand the contents of this Certificate; 2. I understand that the accompanying bid will be disqualified if this Certificate is found not to be true and complete in every respect; 3. I am authorized by the bidder to sign this Certificate, and to submit the accompanying bid, on behalf of the bidder; 4. Each person whose signature appears on the accompanying bid has been authorized by the bidder to determine the terms of, and to sign, the bid, on behalf of the bidder; 5. For the purposes of this Certificate and the accompanying bid, I understand that the word competitor shall include any individual or organization, other than the bidder, whether or not affiliated with the bidder, who: C D (a) has been requested to submit a bid in response to this bid invitation; E (b) could potentially submit a bid in response to this bid invitation, based on their qualifications, abilities or experience; and F (c) provides the same goods and services as the bidder and/or is in the same line of business as the bidder Page 25 of 46

26 MBD 9 6. The bidder has arrived at the accompanying bid independently from, and without consultation, communication, agreement or arrangement with any competitor. However communication between partners in a joint venture or consortium³ will not be construed as collusive bidding. 7. In particular, without limiting the generality of paragraphs 6 above, there has been no consultation, communication, agreement or arrangement with any competitor regarding: (a) prices; (b) geographical area where product or service will be rendered (market allocation) G (c) methods, factors or formulas used to calculate prices; H (d) the intention or decision to submit or not to submit, a bid; I (e) the submission of a bid which does not meet the specifications and conditions of the bid; or J (f) bidding with the intention not to win the bid. 8. In addition, there have been no consultations, communications, agreements or arrangements with any competitor regarding the quality, quantity, specifications and conditions or delivery particulars of the products or services to which this bid invitation relates. 9. The terms of the accompanying bid have not been, and will not be, disclosed by the bidder, directly or indirectly, to any competitor, prior to the date and time of the official bid opening or of the awarding of the contract. ³ Joint venture or Consortium 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. 10. I am aware that, in addition and without prejudice to any other remedy provided to combat any restrictive practices related to bids and contracts, bids that are suspicious will be reported to the Competition Commission for investigation and possible imposition of administrative penalties in terms of section 59 of the Competition Act No 89 of 1998 and or may be reported to the National Prosecuting Authority (NPA) for criminal investigation and or may be restricted from conducting business with the public sector for a period not exceeding ten (10) years in terms of the Prevention and Combating of Corrupt Activities Act No 12 of 2004 or any other applicable legislation. Signature Date. Position Name of Bidder Page 26 of 46

27 SPECIAL CONDITIONS OF CONTRACT 1. All bids must be submitted on the official forms and may not be re-typed, copied or scanned. 2. Bid documents must be completed in ink and corrections may not be made by means of a correcting fluid such as Tipp-Ex or a similar product. In the event of a mistake having been made it shall be crossed out in ink and be accompanied by a full signature at each and every alteration. The Joburg Market (SOC) LTD reserves the right to reject the Bid if corrections are not made in accordance with the above. 3. If items are not tendered for a line must be drawn through the space on the pricing schedule in pen. 4. All bid prices must be in RSA currency and inclusive of VAT. All prices and details must be legible / readable to ensure the bid will be considered for adjudication. 5. The lowest or any bid will not necessarily be accepted and Joburg Market reserves the right to accept the entire or any portion of a bid. 6. Bids are to remain open for acceptance for a period of ninety (90) days from the date they are lodged and may be accepted at any time during the said period of ninety (90) days. 7. Only Original Tax clearance certificates issued by SARS will be accepted. Tax clearance certificates must be valid on the official closing date of the bid. 8. In bids were Consortia / Joint Ventures / Sub-contractors are involved, each party must submit a separate Tax Clearance Certificate. 9. The following information / documentation must be attached to every bid document: detailed exposition of previous experience, specifically with relation to similar work done; valid, original tax clearance certificate; copy of latest municipal account (irrespective of the municipal area); copy of entities registration documents if a bid is summit by a joint venture, a copy of the memorandum of agreement between the parties; copy of certificate of registration with professional bodies or controlling authorities (mention the specific registration required) 10. Bids will be opened immediately after the closing date and time in a venue to be indicated. 11. Any orders placed within the contract period, will be paid according to the price applicable at the date of order. 12. The supply chain management policy of Joburg Market allow persons aggrieved by decisions or actions taken by the Entity in the implementation of its Supply Chain Management system, to lodge within fourteen (14) days of the decision or action a written objection or complaint to the entity against the decision or action. 13. Bids will be received until 11H00 on the day stipulated on the advert, and must be enclosed in sealed envelopes, bearing the closing time and due date. 14. Bidders should ensure that bids are delivered on time to the correct address. If the bid is late, it will be returned unopened to the bidder and will not be accepted for consideration. Page 27 of 46

28 Joburg Market Heidelberg Road City Deep Johannesburg 2049 PO Box City Deep, Johannesburg South Africa 2049 Tel +27(0) Fax +27(0) GENERAL CONDITIONS OF CONTRACT LEGISLATIVE FRAMEWORK Principal Framework Municipal Entity Organ of State Municipal Finance Management Act Consumer Protection Tender Defaulters Corrupt Activities INTERPRETATION AND DEFINITIONS Interpretation Definitions TERMS AND CONDITIONS OF SUPPLY AND/OR SERVICE Relationship between the Parties Good Faith and Commitment to Ethical Conduct Commencement, Duration and Renewal Product Scope / Scope of Work Incidental Product / Services Product Guarantee Contractor Personnel Personnel Schedule Payment and Pricing Increases Taxes and Duties Withholding and Set-Off Performance Security Performance Review and Contractual Penalties Inspections, Tests and Analyses Limited Exclusivity Intellectual and Property Rights Confidentiality, Non-Disclosure and Use of Contract Documents Restraint Cession and Assignment National Industrial Participation (NIP) Programme Indemnity and Insurance Impossibility of Performance Breach and Early Termination Page 28 of 46

29 23. Dispute Resolution Mediation Prescription Arbitrator Arbitration Notices and Domicilia Counterparts Legal Advice and Costs General LEGISLATIVE FRAMEWORK 1. Principal Framework The information contained under this heading summarises certain of the principal statutory provisions applicable to the transaction concluded between the Parties. It is included for information purposes only and should not be regarded as legal advice, it being incumbent upon the Contractor to familiarize itself with the legislative framework. These provisions apply at law and the Parties are not competent to exclude the operation thereof by mutual agreement. As such, no agreement, transaction or series of transactions concluded outside of or in contravention of the legislative framework and the procedures provided for therein shall be binding on the Parties notwithstanding the capacity or office held or undertakings given, in writing or otherwise, by the persons contracting on behalf of either Party. Municipal Entity 1.1 JM is a municipal entity contemplated in section 1, read with sections 86B(1)(a)(i) and 86D(1)(a), of the Municipal Systems Act (32 of 2000), ( MSA ). It was established as such by the Greater Johannesburg Metropolitan Council (predecessor to the City of Johannesburg Metropolitan Municipality or COJ ) who procured, by virtue of the provisions of section 17D of the Promotion of Local Government Affairs Act (91 of 1983) the formation, registration and incorporation of its fresh produce market as the Johannesburg Fresh Produce Market (SOC) Limited in terms of the Companies Act, with the COJ as its sole shareholder. Upon the foregoing and as required by the MSA, JM entered into a Service Delivery Agreement with the COJ in terms of which JM was appointed as an external mechanism for the delivery of a municipal service with the mandate to manage and operate the business of the fresh produce market and its assets. Organ of State 1.2 As a municipal entity JM is an organ of state as defined in section 239 of the Constitution of South Africa (108 of 1996) read with section 1 of the Institution of Legal Proceedings Against Organs of State Act (40 of 2002). Municipal Finance Management Act 1.3 Contracting with JM is subject, amongst others, to the Municipal Finance Management Act (56 of 2003) ( MFMA ), the MFMA Supply Chain Management Regulations (GN 868 in GG of 30 May 2005) ( SCM Regulations ) and, specifically, JM s Supply Chain Management Policy made in terms of section 111 of the Page 29 of 46