Idtknqt24doepsp0134-Qs Quotation Document
Idtknqt24doepsp0134-Qs Quotation Document
Idtknqt24doepsp0134-Qs Quotation Document
IDTKNQT24DOEPSP0134-QS
QUOTATION DOCUMENT FOR PROFESSIONAL SERVICES ON
BEHALF OF THE PROVINCIAL DEPARTMENT OF EDUCATION
QUOTATION TITLE:
REQUEST FOR QUOTATIONS FROM QUALIFYING AND EXPERIENCED
ENTITIES FOR THE PROVISION OF PROFESSIONAL QUANTITY
SURVEYING (QS) SERVICES IN THE REPAIRS AND RENOVATIONS OF 10
STORM DAMAGED SCHOOLS IN KWAZULU-NATAL PROVINCE –
(PINETOWN DISTRICT)
CLOSING DATE
The completed Bid Document, sealed in an envelope and clearly endorsed
must be placed in the Tender Box situated at the entrance to the Offices of the Independent
Development Trust (IDT)
BIDDER’S INFORMATION
(Must be completed by Bidder)
Company Name
Contact Person
Pr Reg Number
Fax Number
E-mail Address
CSD Number
Prepared By:
The Independent Development Trust (IDT)
KZN Regional Office
4th Floor, The Marine Building
22 Dorothy Nyembe Street
Durban
4001
1
1. TERMS OF REFERENCE
ITEM DESCRIPTION
2
ITEM DESCRIPTION
1.5.13 Certified Proof of SACQS Professional Registration and
CV of person to be dedicated / designated to the project
and for Director of the Company
1.5.14 Proof of Experience on Repairs and Renovations of
Buildings (Letter of Appointment and Completion
Certificate)
1.5.15 The Bid Document must be completed by using hand
and permanent black ink only.
FAILURE TO SUBMIT ANY OF THE ABOVE WILL LEAD TO
DISQUALIFICATION
1.6 Returnable Documents 1.6.1 In line with the Submission checklist (Refer to Page 21)
1.7 Evaluation Criteria 1.7.1 The 80/20 Evaluation System will be applicable.
3
ITEM DESCRIPTION
IDTKNQT24DOEPSP0134-QS; STORM DAMAGED SCHOOLS
– QUANTITY SURVEYORS AND NAME OF SERVICE
PROVIDER
THE BID BOX IS LOCATED AT THE IDT’S MAIN RECEPTION
AREA AS PER THE ADDRESS INDICATED ABOVE
4
ITEM DESCRIPTION
1.11.4 No travelling and time related claims shall be applied
for sites / towns within 100km of the base town as
indicated in item 1.11.3 above.
1.12.1 Any amendments to the rates offered or description given
1.12 Amendments must be signed by an authorized person (i.e who signed
the original quotation)
5
ITEM DESCRIPTION
1.16.2 In this case time-based fees and disbursements may be
used, where applicable, to remunerate the service
provider accordingly.
1.16.3 Note: No time based fees shall be applicable for any work
on hold.
1.17.1 The service provider will be expected to enter into
1.17 Contract
contract with the IDT on behalf of DOE.
1.18.1 The Bidder is advised to ensure that they familiarise him
themselves with all the contents of the bid documents as
those will form the basis of the contract to be entered into.
Any contents of this document that the bidder requires
clarity on shall be brought forward before the bid
submission date stipulated in this bid document.
1.18.2 Conditions of Contract are the CIDB Standard
Professional Services Contract 3rd Edition of the CIDB
Document 1015.
1.18.3 The IDT has decided to cap discounts at 20% to manage
the risk to a greater extent so
that professionals appointed eliminate the risk of
abandoning sites due to non-completion of services and
the further risk of requesting more funds to finalise the
1.18 Bid Document and projects.
Contract
1.18.4 Conditions of Contract are the CIDB Standard
Professional Services Contract 3rd Edition of the CIDB
Document 1015 and Contract Skills Development Goal;
1.18.5 According to Gazette 986 no.43495 , the professional
fees in the case of engineering and construction work
contracts, design and build contracts and service
contracts contract skills participation goals, expressed in
Rand, shall be no less than the contract amount multiplied
by a percentage (%) factor given at 0.25% for the
applicable Electrical Engineering works (Building) class of
construction works used in the application of the
Construction Industry Development Regulations issued in
terms of the Construction Industry Development Board
Act of 2000.
6
ITEM DESCRIPTION
1.18.6 In the case of professional services contracts the contract
skills development goals, expressed in hours, shall be not
less than the professional fees in millions of Rand
multiplied by 150.
Example 1: The contract amount for a professional
services contract is R5.6 m. The contract skills
development goal in hours is R5.6m x 150 = 840 hours
1.18.7 The successful Bidder will be expected to have and
maintain a professional indemnity insurance of at least
Ten Million Rands (R10 000 000.00) and to Apply the
0.25% from the professional fees.
Note: adequacy or inadequacy of such an insurance
will only be re-looked prior to appointment of a
successful service provider and upon conclusion of
specific risk assessment
Note: The contractor shall achieve the measurable
contract skills development goal by providing
opportunities to learners requiring structured
workplace learning using one or a combination of
any of the following in relation to work directly related
to the contract or order:
Method1 : structured workplace learning
opportunities for learners towards the attainment of
a part or a full occupational qualification;
Method2 : structured workplace learning
opportunities for apprentices or other artisan learners
towards the attainment of a trade qualification
leading to a listed trade (GG No.35625,
31 August 2012) subject to at least 60% of the
artisan learners being holders of public TVET college
qualifications;
Method 3: work integrated learning opportunities for
University of Technology or Comprehensive
University students completing their national
diplomas;
Method 4: structured workplace learning
7
ITEM DESCRIPTION
opportunities for candidates towards registration in a
professional category by a statutory council;
1.18.8 The successful Bidder will be expected to have and
maintain a professional indemnity insurance of at
least Ten Million Rands (R10 000 000.00) (NB:
adequacy or inadequacy of such an insurance will
only be re-looked prior to appointment of a
successful service provider and upon conclusion of
specific risk assessment)
1.18.9 Note: The Bid Document must be completed / fill in using
hand and permanent black ink only
Professional Civil Engineering Services ECSA – rates as per Gazette 44333 of 2021
Professional Mechanical Engineering Services ECSA – rates as per Gazette 44333 of 2021
Professional Electrical Engineering Services ECSA – rates as per Gazette 44333 of 2021
Professional Project Management Services SACPCMP – rates as per Gazette 42697 Board
Notice 168 of 2019
Professional Quantity Surveying Services SACQSP – rates as per the Gazette 39134 Board
Notice 170 of 2015
Professional Health and Safety Services SACPCMP- rates as per Gazette 42697 Board
Notice 167 of 2019
8
3. FEES
The quotation shall be based on the work to be performed on site by the Quantity
Surveying Professional Service Provider and shall include all relevant allowances for
unforeseen risk associated with the work of this nature.
The quotations shall cover for all work to be carried out by the Quantity Surveying
Professional Service Provider including, but not limited to, Site Assessments, Reports,
Various Site meetings, e.t.c.
Fees shall be quoted per work stage as indicated in the tables below. The estimated
Quantity Surveying portion project cost shall be R3 500 000.00 (Incl VAT) (Three Million
Five Hundred Thousand Rand) each school
4. FEE PROPOSAL
The quotation shall be prepared in both the service provider’s letterhead and the table
below. The quotation shall be prepared in the manner as indicated below;
B R 13 097,83
Stage 2 (Concept and Viability)
C R 19 646,74
Stage 3 (Design Development)
D R 91 684,78
Stage 4 (Documentation and Tender)
E R 117 880,43
Stage 5 (Construction and Supervision)
F R 13 097,83
Stage 6 (Close Out)
G R 261 956,52
Total Proposed Fee (Excl VAT)
H
Overall Discount Offered (%) %
9
M
VAT (15%)
N
Total + Disbursements (Incl VAT)
The quotation shall be prepared in both the service provider’s letterhead and the table
below. The quotation shall be prepared in the manner as indicated below;
B R 13 097,83
Stage 2 (Concept and Viability)
C R 19 646,74
Stage 3 (Design Development)
D R 91 684,78
Stage 4 (Documentation and Tender)
E R 117 880,43
Stage 5 (Construction and Supervision)
F R 13 097,83
Stage 6 (Close Out)
G R 261 956,52
Total Proposed Fee (Excl VAT)
H
Overall Discount Offered (%) %
N
Total + Disbursements (Incl VAT)
The quotation shall be prepared in both the service provider’s letterhead and the table
below. The quotation shall be prepared in the manner as indicated below;
10
B R 13 097,83
Stage 2 (Concept and Viability)
C R 19 646,74
Stage 3 (Design Development)
D R 91 684,78
Stage 4 (Documentation and Tender)
E R 117 880,43
Stage 5 (Construction and Supervision)
F R 13 097,83
Stage 6 (Close Out)
G R 261 956,52
Total Proposed Fee (Excl VAT)
H
Overall Discount Offered (%) %
N
Total + Disbursements (Incl VAT)
The quotation shall be prepared in both the service provider’s letterhead and the table
below. The quotation shall be prepared in the manner as indicated below;
B R 13 097,83
Stage 2 (Concept and Viability)
C R 19 646,74
Stage 3 (Design Development)
D R 91 684,78
Stage 4 (Documentation and Tender)
E R 117 880,43
Stage 5 (Construction and Supervision)
F R 13 097,83
Stage 6 (Close Out)
G R 261 956,52
Total Proposed Fee (Excl VAT)
H
Overall Discount Offered (%) %
11
I Overall Discount Offered (R)
(Item G x Item H)
J Total Discounted Fee (Excl. VAT)
(Item G – Item I)
K
Disbursement Budget R25 000.00
N
Total + Disbursements (Incl VAT)
The quotation shall be prepared in both the service provider’s letterhead and the table
below. The quotation shall be prepared in the manner as indicated below;
B R 13 097,83
Stage 2 (Concept and Viability)
C R 19 646,74
Stage 3 (Design Development)
D R 91 684,78
Stage 4 (Documentation and Tender)
E R 117 880,43
Stage 5 (Construction and Supervision)
F R 13 097,83
Stage 6 (Close Out)
G R 261 956,52
Total Proposed Fee (Excl VAT)
H
Overall Discount Offered (%) %
N
Total + Disbursements (Incl VAT)
12
Table 4.6:GUGULETHU PRIMARY SCHOOL
The quotation shall be prepared in both the service provider’s letterhead and the table
below. The quotation shall be prepared in the manner as indicated below;
B R 13 097,83
Stage 2 (Concept and Viability)
C R 19 646,74
Stage 3 (Design Development)
D R 91 684,78
Stage 4 (Documentation and Tender)
E R 117 880,43
Stage 5 (Construction and Supervision)
F R 13 097,83
Stage 6 (Close Out)
G R 261 956,52
Total Proposed Fee (Excl VAT)
H
Overall Discount Offered (%) %
N
Total + Disbursements (Incl VAT)
The quotation shall be prepared in both the service provider’s letterhead and the table
below. The quotation shall be prepared in the manner as indicated below;
B R 13 097,83
Stage 2 (Concept and Viability)
13
C R 19 646,74
Stage 3 (Design Development)
D R 91 684,78
Stage 4 (Documentation and Tender)
E R 117 880,43
Stage 5 (Construction and Supervision)
F R 13 097,83
Stage 6 (Close Out)
G R 261 956,52
Total Proposed Fee (Excl VAT)
H
Overall Discount Offered (%) %
N
Total + Disbursements (Incl VAT)
The quotation shall be prepared in both the service provider’s letterhead and the table
below. The quotation shall be prepared in the manner as indicated below;
B R 13 097,83
Stage 2 (Concept and Viability)
C R 19 646,74
Stage 3 (Design Development)
D R 91 684,78
Stage 4 (Documentation and Tender)
E R 117 880,43
Stage 5 (Construction and Supervision)
F R 13 097,83
Stage 6 (Close Out)
G R 261 956,52
Total Proposed Fee (Excl VAT)
H
Overall Discount Offered (%) %
14
J Total Discounted Fee (Excl. VAT)
(Item G – Item I)
K
Disbursement Budget R25 000.00
N
Total + Disbursements (Incl VAT)
The quotation shall be prepared in both the service provider’s letterhead and the table
below. The quotation shall be prepared in the manner as indicated below;
B R 13 097,83
Stage 2 (Concept and Viability)
C R 19 646,74
Stage 3 (Design Development)
D R 91 684,78
Stage 4 (Documentation and Tender)
E R 117 880,43
Stage 5 (Construction and Supervision)
F R 13 097,83
Stage 6 (Close Out)
G R 261 956,52
Total Proposed Fee (Excl VAT)
H
Overall Discount Offered (%) %
N
Total + Disbursements (Incl VAT)
The quotation shall be prepared in both the service provider’s letterhead and the table
below. The quotation shall be prepared in the manner as indicated below;
15
Item Fee Per Work Stage
Applicable Work Stages
(Excl VAT)
A R 6 548,91
Stage 1 (Inception)
B R 13 097,83
Stage 2 (Concept and Viability)
C R 19 646,74
Stage 3 (Design Development)
D R 91 684,78
Stage 4 (Documentation and Tender)
E R 117 880,43
Stage 5 (Construction and Supervision)
F R 13 097,83
Stage 6 (Close Out)
G R 261 956,52
Total Proposed Fee (Excl VAT)
H
Overall Discount Offered (%) %
N
Total + Disbursements (Incl VAT)
16
5.8 Hlengimpilo Full-Service School
NOTE: The surcharge, in line with the applicable gazette will only be applicable for
Alterations Work at the project/ implementation stage once a full determination of the scope
of works has been carried out. The surcharge fee will only be applied where applicable at
the same average % discount offered at bidding stage. (i.e if the offer by the bidder at
bidding stage is Y% discount the surcharge will also be applied at the same Y% discount).
NOTE: The IDT has decided to cap discounts at 20% to manage the risk to a greater extent
so that professionals appointed eliminate the risk of abandoning sites due to non-
completion of services and the further risk of requesting more funds to finalise the projects.
NOTE: Where applicable, bidders are encouraged to offer a reasonable discount on their
quotation as a higher percentage discount might lead to a risk of the project failure. IDT
reserves the sole right to determine an acceptable discount that can be offered by the
bidder.
NOTE: The bidder is to ensure that all pricing from the above table(s) is transferred
(i.e. the total offered price) to the Form of Offer on Page 52 (Note: Failure to complete
and sign the Form of Offer in Full by an authorised person shall invalidate the bid).
NOTE: This section shall be read in conjunction with the Form of Offer on Page 52 as
well as the request for a signed Quotation Offer in the Bidders Official Letterhead.
This note shall not be read to negate all above and/or other bid requirements
stipulated in this bid document.
5. SCOPE OF WORKS
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Report and take into account the requirements and needs of the Client;
Definition and administration of construction scope;
Prepare preliminary construction programme, including lead times for preliminary and
detailed designs and documentation;
Attend to appropriate planning, co-ordination and management meetings;
Prepare regular reports, method statements for construction of works, review designs
and compliance requirements, including Health & Safety as well as Covid-19
compliance as well as Environmental Management Plans;
Assist with construction procurement methods for sub-contractors and suppliers,
including their scope of work;
Manage issuing of drawings, information, contractual documents and contractual
requirements before and during construction period;
Manage site establishment, construction including regular monitoring of works;
Recommend extension of times and variations or scope change(s) where applicable;
Ensure adherence to Quality Management Plan and all approval processes and also
ensure that all operating & maintenance manuals as well as warranties or guarantees
are in place;
Prepare monthly progress reports, minutes of meetings and approval of progress
certificates;
Manage, co-ordinate and monitor all necessary testing and commissioning, including
timeous rectification of defects before practical completion;
Prepare and present contract close-out report.
NOTE: The IDT reserves the right to award all or parts of the works. Remuneration to
the service provider shall only be limited to the work done to completion to the
acceptance and approval of the IDT and DOE
6. SITE INFORMATION
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TENDER / QUOTATION DATA
IDTKNQT24DOEPSP0134-QS
1 The Employer is Independent Development Trust (IDT) on behalf of the KZN Provincial
Department of Education (DOE)
3 Contract period:
No contract may be awarded to a person who has non-compliant tax status found on CSD or
South African Revenue Service (“SARS”) certifying the taxes of that person to be in order or that
suitable arrangement have been made with SARS”
The bidders will be evaluated on Specific Goals point scoring and the price as per the IDT 80/20
score card.
A contract may, on reasonable and justifiable grounds, be awarded to a bidder that did not score
the highest number of aggregate points where the IDT is managing risk, i.e. where the bidder has
underpriced such that, the project may be compromised by such underpricing or in spreading of
work to other bidders in case where the highest points scorer has already been awarded work.
8 Seek clarification
Request clarification of the tender documents (if necessary) by notifying the employer at least five
working days before the Closing Date stated in the terms of reference.
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QUOTATION PROVISION OF QUANTITY SURVEYING SERVICES
Clause
number FOR THE REPAIRS AND RENOVATIONS OF 10 STORM DAMAGED
SCHOOLS IN KWAZULU-NATAL PROVINCE
IDTKNQT24DOEPSP0134-QS
9 The additional conditions of tender are:
The employer is not obliged to accept the lowest bidder.
Should the bidders not hear from IDT within 14 days from the quotation closure day i.e.
submission date of the quotation they should consider their submission unsuccessful. No written
notification will be issued by the Employer to unsuccessful bidders.
11 The Contract:
The Quotation Document is the contract document for this document and the copy to be submitted
to the successful bidder.
12 Contingencies
20
STANDARD CONDITIONS OF TENDER
21
Standard Conditions of Tender
The employer and each tenderer submitting a tender offer shall comply with these conditions of tender. In
their dealings with each other, they shall discharge their duties and obligations as set out in the tender
data, timeously and with integrity, and behave equitably, honestly and transparently, comply with all legal
obligations and not engage in anticompetitive practices.
The employer and the tenderer and all their agents and employees involved in the tender process shall
avoid conflicts of interest and where a conflict of interest is perceived or known, declare any such conflict
of interest, indicating the nature of such conflict. Tenderers shall declare any potential conflict of interest
in their tender submissions. Employees, agents and advisors of the employer shall declare any conflict of
interest to whoever is responsible for overseeing the procurement process at the start of any deliberations
relating to the procurement process or as soon as they become aware of such conflict, and abstain from
any decisions where such conflict exists or recuse themselves from the procurement process, as
appropriate.
Note: 1) A conflict of interest may arise due to a conflict of roles which might provide an incentive for improper acts in
some circumstances. A conflict of interest can create an appearance of impropriety that can undermine
confidence in the ability of that person to act properly in his or her position even if no improper acts result.
2) Conflicts of interest in respect of those engaged in the procurement process include direct, indirect or family
interests in the tender or outcome of the procurement process and any personal bias, inclination,
obligation,allegiance or loyalty which would in any way affect any decisions taken.
The employer shall not seek and a tenderer shall not submit a tender without having a firm intention and
the capacity to proceed with the contract.
Each communication between the employer and a tenderer shall be to or from the Employer or the
employer's agent only, and in a form that can be read, copied and recorded. Writing shall be in the English
language. The employer shall not take any responsibility for non-receipt of communications from or by a
tenderer. The name and contact details of the employer’s agent shall be stated at the time of appointment.
The employer may accept or reject any variation, deviation, tender offer, or alternative tender offer, and
may cancel the tender process and reject all tender offers at any time before the formation of a contract.
The employer shall not accept or incur any liability to a tenderer for such cancellation and rejection.
22
Procurement procedures
General
All responsive tenderers, or not less than three responsive tenderers that are highest ranked in terms of the
evaluation method and evaluation criteria stated in the tender data, may be invited in each round to enter into
competitive negotiations, based on the principle of equal treatment and keeping confidential the proposed solutions
and associated information.
At the conclusion of each round of negotiations, tenderers may be invited by the employer to make a fresh tender
offer, based on the same evaluation criteria, with or without adjusted weightings. Tenderers will be advised
accordingly when they are to submit their best and final offer.
The contract shall be awarded when the evaluation was done by the panel of not less than three persons and the
Employer has the submitted best and final offer.
The employer shall evaluate tenders received during in terms of the method of evaluation stated in the quotation
data, and award the contract in terms of these conditions of tender.
Tenderer’s obligations
Eligibility
Submit a tender offer only if the tenderer satisfies the criteria stated in the quotation data and the tenderer, or any
of his principals, is not under any restriction to do business with employer.
Notify the employer of any proposed material change in the capabilities or formation of the tendering entity (or both)
or any other criteria which formed part of the qualifying requirements used by the employer as the basis in a prior
process to invite the tenderer to submit a tender offer and obtain the employer’s written approval to do so prior to
the closing time for tenders.
Cost of tendering
Accept that the employer will not compensate the tenderer for any costs incurred in the preparation and submission
of a tender offer, including the costs of any testing necessary to demonstrate that aspects of the offer satisfy
requirements.
Check documents
Check the tender documents on receipt for completeness and notify the employer of any discrepancy or omission.
Treat as confidential all matters arising in connection with the tender. Use and copy the documents issued by the
employer only for the purpose of preparing and submitting a tender offer in response to the invitation.
Reference documents
Obtain, as necessary for submitting a tender offer, copies of the latest versions of standards, specifications,
conditions of contract and other publications, which are not attached but which are incorporated into the tender
documents by reference.
Acknowledge addenda
Acknowledge receipt of addenda to the tender documents, which the employer may issue, and if necessary apply
for an extension to the closing time stated in the quotation data, in order to take the addenda into account.
Clarification meeting
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Seek clarification
Request clarification of the quotation documents, if necessary, by notifying the employer at least five working days
before the closing time stated in the tender data.
Insurance
Be aware that the extent of insurance to be provided by the employer (if any) may not be for the full cover required
in terms of the conditions of contract identified in the contract data. The tenderer is advised to seek qualified advice
regarding insurance and to ensure that he or she is adequately covered for the duration of the project.
Include in the rates, prices, and the tendered total of the prices (if any) all duties, taxes (except Value Added Tax
(VAT), and other levies payable by the successful tenderer’.
Show VAT payable by the employer separately as an addition to the tendered total of the prices.
Provide rates and prices that are fixed for the duration of the contract and not subject to adjustment except as
provided for in the conditions of contract identified in the contract data.
State the rates and prices in Rand unless instructed otherwise in the tender data. The conditions of contract
identified in the contract data may provide for part payment in other currencies.
Alterations to documents
Not make any alterations or additions to the tender documents, except to comply with instructions issued by the
employer, or necessary to correct errors made by the tenderer. All signatories to the tender offer shall initial all such
alterations. Erasures and the use of masking fluid are prohibited.
Unless otherwise stated in the tender data, submit alternative tender offers only if a main tender offer, strictly in
accordance with all the requirements of the tender documents, is also submitted as well as a schedule that
compares the requirements of the tender documents with the alternative requirements that are proposed.
Accept that an alternative tender offer may be based only on the criteria stated in the quotation data or criteria
otherwise acceptable to the employer.
Submit one tender offer only, either as a single tendering entity to provide the whole of the works, services or supply
identified in the contract data and described in the scope of works, unless stated otherwise in the tender data.
Return all returnable documents to the employer after completing them in their entirety by writing in black ink.
Submit the parts of the tender offer communicated on paper as an original plus the number of copies stated in the
tender data, with an English translation of any documentation in a language other than English, and the parts
communicated electronically in the same format as they were issued by the employer.
Sign the original and all copies of the tender offer where required in terms of the tender data. The employer will hold
all authorized signatories liable on behalf of the tenderer.
Seal the original and each copy, where applicable, of the tender offer as separate packages marking the packages
as "ORIGINAL" and "COPY". Each package shall state on the outside the employer's address and identification
details stated in the terms of reference, as well as the tenderer's name and contact address.
Seal the original tender offer and copy packages together in an outer package that states on the outside only the
employer's address and identification details as stated in the quotation data.
Accept that the employer shall not assume any responsibility for the misplacement or premature opening of the
tender offer if the outer package is not sealed and marked as stated.
Accept that tender offers submitted by facsimile or e-mail will be rejected by the employer.
24
Information and data to be completed in all respects
Accept that tender offers, which do not provide all the data or information requested completely and in the form
required, may be regarded by the employer as non-responsive.
Ensure that the employer receives the tender offer at the address specified in the tender data not later than the
closing time stated in the tender data. Accept that proof of posting shall not be accepted as proof of delivery.
Accept that, if the employer extends the closing time stated in the tender data for any reason, the requirements of
these conditions of tender apply equally to the extended deadline.
Hold the tender offer(s) valid for acceptance by the employer at any time during the validity period stated in the
tender data after the closing time stated in the tender data.
If requested by the employer, consider extending the validity period stated in the tender data for an agreed additional
period with or without any conditions attached to such extension.
Accept that a quotation submission that has been submitted to the employer may only be withdrawn or substituted
by giving the Employer or the employer’s agent written notice before the closing time for tenders that a quotation is
to be withdrawn or substituted.
Provide clarification of a tender offer in response to a request to do so from the employer during the evaluation of
tender offers. This may include providing a breakdown of rates or prices and correction of arithmetical errors by the
adjustment of certain rates or item prices (or both). No change in the competitive position of tenderers or substance
of the tender offer is sought, offered, or permitted.
Note: Clarification of the offer does not preclude the negotiation of the final terms of the contract with a preferred tenderer
following a competitive selection process, should the Employer elect to do so.
Provide, on request by the employer, any other material that has a bearing on the tender offer, the tenderer’s
commercial position, preferential arrangements, or samples of materials, considered necessary by the employer for
the purpose of a full and fair risk assessment. Should the tenderer not provide the material, or a satisfactory reason
as to why it cannot be provided, by the time for submission stated in the employer’s request, the employer may
regard the tender offer as non-responsive.
Disposal of samples of materials provided for evaluation by the employer, where required.
Provide access during working hours to premises for inspections, tests and analysis as provided for in the tender
data.
If requested, submit for the employer’s acceptance before formation of the contract, all securities, bonds,
guarantees, policies and certificates of insurance required in terms of the conditions of contract identified in the
contract data.
Check the final draft of the contract provided by the employer within the time available for the employer to issue the
contract.
Certificates
Include in the tender submission or provide the employer with any certificates as stated in the tender data.
25
The employer’s undertakings
Respond to requests from the tenderer
Unless otherwise stated in the tender Data, respond to a request for clarification received up to five working days
before the tender closing time stated in the Tender Data and notify all tenderers who drew procurement documents.
Consider any request to make a material change in the capabilities or formation of the tendering entity (or both) or
any other criteria which formed part of the qualifying requirements used to prequalify a tenderer to submit a tender
offer in terms of a previous procurement process and deny any such request if as a consequence:
a) an individual firm, or a joint venture as a whole, or any individual member of the joint venture fails to
meet any of the collective or individual qualifying requirements;
b) the new partners to a joint venture were not prequalified in the first instance, either as individual firms
or as another joint venture; or
c) in the opinion of the Employer, acceptance of the material change would compromise the outcome
of the prequalification process.
Issue Addenda
If necessary, issue addenda that may amend or amplify the tender documents to each tenderer during the period
from the date that tender documents are available until three days before the tender closing time stated in the
Tender Data. If, as a result a tenderer applies for an extension to the closing time stated in the Tender Data, the
Employer may grant such extension and, shall then notify all tenderers who drew documents.
Non-disclosure
Not disclose to tenderers, or to any other person not officially concerned with such processes, information relating
to the evaluation and comparison of tender offers, the final evaluation price and recommendations for the award
of a contract, until after the award of the contract to the successful tenderer.
Determine, after opening and before detailed evaluation, whether each tender offer properly received:
A responsive tender is one that conforms to all the terms, conditions, and specifications of the tender documents
without material deviation or qualification. A material deviation or qualification is one which, in the Employer's
opinion, would:
a) detrimentally affect the scope, quality, or performance of the works, services or supply identified in the
Scope of Work,
b) significantly change the Employer's or the tenderer's risks and responsibilities under the contract, or
c) affect the competitive position of other tenderers presenting responsive tenders, if it were to be
rectified.
Reject a non-responsive tender offer, and not allow it to be subsequently made responsive by correction or
withdrawal of the non-conforming deviation or reservation.
Check responsive tenders for discrepancies between amounts in words and amounts in figures. Where there is a
discrepancy between the amounts in figures and the amount in words, the amount in words shall govern.
26
Check the highest ranked tender or tenderer with the highest number of tender evaluation points after the evaluation
of tender offers:
Notify the tenderer of all errors or omissions that are identified in the tender offer and either confirm the tender offer
as tendered or accept the corrected total of prices.
Where the tenderer elects to confirm the tender offer as tendered, correct the errors as follows:
a) If bills of quantities or pricing schedules apply and there is an error in the line item total resulting from
the product of the unit rate and the quantity, the line item total shall govern and the rate shall be
corrected. Where there is an obviously gross misplacement of the decimal point in the unit rate, the
line item total as quoted shall govern, and the unit rate shall be corrected.
b) Where there is an error in the total of the prices either as a result of other corrections required by this
checking process or in the tenderer's addition of prices, the total of the prices shall govern and the
tenderer will be asked to revise selected item prices (and their rates if bills of quantities apply) to
achieve the tendered total of the prices.
Obtain clarification from a tenderer on any matter that could give rise to ambiguity in a contract arising from the
tender offer.
General
Appoint an evaluation panel of not less than three persons. Reduce each responsive tender offer to a comparative
offer and evaluate them using the tender evaluation methods and associated evaluation criteria and weightings that
are specified in the tender data:
Accept the tender offer, if in the opinion of the employer, it does not present any unacceptable commercial risk and
only if the tenderer:
a) is not under restrictions, or has principals who are under restrictions, preventing
participating in the employer’s procurement,
b) can, as necessary and in relation to the proposed contract, demonstrate that he or
she possesses the professional and technical qualifications, professional and
technical competence, financial resources, equipment and other physical facilities,
managerial capability, reliability, experience and reputation, expertise and the
personnel, to perform the contract,
c) has the legal capacity to enter into the contract,
d) is not insolvent, in receivership, bankrupt or being wound up, has his affairs
administered by a court or a judicial officer, has suspended his business activities, or
is subject to legal proceedings in respect of any of the foregoing,
e) complies with the legal requirements, if any, stated in the tender data, and
f) is able, in the opinion of the employer, to perform the contract free of conflicts of
interest.
If necessary, revise documents that shall form part of the contract and that were issued by the employer
as part of the tender documents to take account of:
Complete the schedule of deviations attached to the form of offer and acceptance, if any.
27
Complete adjudicator's contract
Unless alternative arrangements have been agreed or otherwise provided for in the contract, arrange for both
parties to complete formalities for appointing the selected adjudicator at the same time as the main contract is
signed.
Provide to the successful tenderer the number of copies stated in the Tender Data of the signed copy of the contract
as soon as possible after completion and signing of the form of offer and acceptance.
28
LIST OF RETURNABLE DOCUMENTS
29
List of Returnable Documents
List of returnable documents are for ensuring that everything the employer requires a
tenderer to submit with his tender is included in, or returned with, his tender
submission. Tick below if returnable document is attached or completed properly.
30
DECLARATION THAT INFORMATION ON CENTRALSUPPLIER DATABASE (CSD) IS
CORRECT AND UP TO DATE
(To be completed by bidder)
……………………………………………………………………………………………………………..
………...........................................................................................................................................
.......................................................................
SIGNATURE OF BIDDER OR AUTHORISED REPRESENTATIVE
DATE:....................................................
31
SBD 6.1
This preference form must form part of all tenders invited. It contains general information
and serves as a claim form for preference points for specific goals.
GENERAL CONDITIONS
1.1 The following preference point systems are applicable to invitations to tender:
- the 80/20 system for requirements with a Rand value of up to R50 000 000
(all applicable taxes included); and
- the 90/10 system for requirements with a Rand value above R50 000 000 (all
applicable taxes included).
a) Either the 90/10 or 80/20 preference point system will be applicable in this
tender. The lowest/ highest acceptable tender will be used to determine the
accurate system once tenders are received.
1.3 Points for this tender (even in the case of a tender for income-generating contracts)
shall be awarded for:
(a) Price; and
(b) Specific Goals.
32
People with Disabilities 100% Ownership 2 4
Black Male 100% Ownership 2 4
Total points for Price and SPECIFIC 100 100
GOALS
1.6 The organ of state reserves the right to require of a tenderer, either before a
tender is adjudicated or at any time subsequently, to substantiate any claim
in regard to preferences, in any manner required by the organ of state.
DEFINITIONS
(a) “tender” means a written offer in the form determined by an organ of state in
response to an invitation to provide goods or services through price quotations,
competitive tendering process or any other method envisaged in legislation;
(b) “price” means an amount of money tendered for goods or services, and includes
all applicable taxes less all unconditional discounts;
(c) “rand value” means the total estimated value of a contract in Rand, calculated at
the time of bid invitation, and includes all applicable taxes;
(d) “tender for income-generating contracts” means a written offer in the form
determined by an organ of state in response to an invitation for the origination of
income-generating contracts through any method envisaged in legislation that will
result in a legal agreement between the organ of state and a third party that
produces revenue for the organ of state, and includes, but is not limited to, leasing
and disposal of assets and concession contracts, excluding direct sales and
disposal of assets through public auctions; and
(e) “the Act” means the Preferential Procurement Policy Framework Act, 2000 (Act
No. 5 of 2000).
33
A maximum of 80 or 90 points is allocated for price on the following basis:
80/20 or 90/10
or
Where
Ps = Points scored for price of tender under consideration
Pt = Price of tender under consideration
Pmin = Price of lowest acceptable tender
80/20 or 90/10
or
Where
Ps = Points scored for price of tender under consideration
Pt = Price of tender under consideration
Pmax = Price of highest acceptable tender
4.1. In terms of Regulation 4(2); 5(2); 6(2) and 7(2) of the Preferential Procurement
Regulations, preference points must be awarded for specific goals stated in the
tender. For the purposes of this tender the tenderer will be allocated points based
on the goals stated in table 1 below as may be supported by proof/ documentation
stated in the conditions of this tender:
4.2. In cases where organs of state intend to use Regulation 3(2) of the Regulations,
which states that, if it is unclear whether the 80/20 or 90/10 preference point
system applies, an organ of state must, in the tender documents, stipulate in the
case of—
34
(a) an invitation for tender for income-generating contracts, that either the 80/20
or 90/10 preference point system will apply and that the highest acceptable
tender will be used to determine the applicable preference point system; or
(b) any other invitation for tender, that either the 80/20 or 90/10 preference point
system will apply and that the lowest acceptable tender will be used to
determine the applicable preference point system, then the organ of state
must indicate the points allocated for specific goals for both the 90/10 and
80/20 preference point system.
Table 1: Specific goals for the tender and points claimed are indicated per the table
below.
(Note to organs of state: Where either the 90/10 or 80/20 preference point system is
applicable, corresponding points must also be indicated as such.
Note to tenderers: The tenderer must indicate how they claim points for each
preference point system.)
Number of Number of Number of
points Number of points points
points claimed claimed
allocated
allocated (90/10 (80/20
(90/10 system)
The specific goals system) (80/20 system)
allocated points in system) (To be
(To be (To be
terms of this tender (To be completed completed by
completed
by completed by the the tenderer)
the organ of by the tenderer)
state) organ of
state)
Women 100% 3 6
Ownership
Youth 100% Ownership 3 6
People with Disabilities 2 4
100% Ownership
Black Male 100% 2 4
Ownership
35
*People with Disability (Letter from the Dr. Confirming
the Disability)
36
(c) 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;
(d) recommend that the tenderer or contractor, its shareholders and
directors, or only the shareholders and directors who acted on a
fraudulent basis, be restricted 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, if deemed necessary.
……………………………………….
SIGNATURE(S) OF TENDERER(S)
DATE: ………………………………………………………
ADDRESS: ………………………………………………………
………………………………………………………
………………………………………………………
………………………………………………………
37
CIPC REGISTRATION
38
TAX CLEARANCE
IMPORTANT NOTES:
No contract may be awarded to a person who has non-compliant tax status found on
CSD or South African Revenue Service (“SARS”) certifying the taxes of that person to
be in order or that suitable arrangement have been made with SARS"
Failure to comply with CSD tax compliance will inevitably invalidate the tender.
39
Pr. QS REGISTRATION CERTIFICATE
Attached hereto is my / our registration certificate with the South African Council for
the Quantity Surveying Profession (SACQSP). My / our failure to submit the
certificate with my / our tender document will lead to the conclusion that my / our
company is not registered with SACQSP
NOTE: The SACQSP can be contacted or visited on their website for more
information and registration. Obtain a “Code of Conduct for all parties engaged in
construction procurement” for you information.
40
SBD 1
PART A
INVITATION TO BID
YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF THE INDEPENDENT DEVELOPMENT TRUST (IDT)
BID NUMBER: IDTKNQT24DOEPSP0134-QS CLOSING DATE: 19 June 2023 CLOSING TIME: 11h00
DESCRIPTION Provision of Professional Quantity Surveying Services for the Repairs and Renovations of 10 Schools in Kwazulu-Natal Province
BID RESPONSE DOCUMENTS MAY BE DEPOSITED IN THE BID BOX SITUATED AT (STREET ADDRESS)
IDT Regional Offices
4th Floor The Marine Building
BIDDING PROCEDURE ENQUIRIES MAY BE DIRECTED TO TECHNICAL ENQUIRIES MAY BE DIRECTED TO:
CONTACT PERSON Nondumiso Ndwandwe CONTACT PERSON Thabani Mjadu
TELEPHONE NUMBER (031) 369 7400 TELEPHONE NUMBER (031) 369 7400
FACSIMILE NUMBER N/A FACSIMILE NUMBER N/A
E-MAIL ADDRESS [email protected] E-MAIL ADDRESS [email protected]
SUPPLIER INFORMATION
NAME OF BIDDER
POSTAL ADDRESS
STREET ADDRESS
TELEPHONE NUMBER CODE NUMBER
CELLPHONE NUMBER
FACSIMILE NUMBER CODE NUMBER
E-MAIL ADDRESS
VAT REGISTRATION
NUMBER
SUPPLIER TAX COMPLIANCE CENTRAL
COMPLIANCE STATUS SYSTEM PIN: SUPPLIER
OR
DATABASE
No: MAAA
B-BBEE STATUS LEVEL TICK APPLICABLE BOX] B-BBEE STATUS LEVEL SWORN [TICK APPLICABLE BOX]
VERIFICATION AFFIDAVIT
CERTIFICATE
Yes No Yes No
[A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE/ SWORN AFFIDAVIT (FOR EMES & QSEs) MUST BE SUBMITTED IN
ORDER TO QUALIFY FOR PREFERENCE POINTS FOR B-BBEE]
ARE YOU THE
ACCREDITED
ARE YOU A FOREIGN BASED
REPRESENTATIVE IN Yes No
SUPPLIER FOR THE GOODS
SOUTH AFRICA FOR Yes No
/SERVICES /WORKS OFFERED?
THE GOODS [IF YES, ANSWER THE
/SERVICES /WORKS [IF YES ENCLOSE PROOF] QUESTIONNAIRE BELOW ]
OFFERED?
QUESTIONNAIRE TO BIDDING FOREIGN SUPPLIERS
41
PART B
TERMS AND CONDITIONS FOR BIDDING
1. BID SUBMISSION:
1.1. BIDS MUST BE DELIVERED BY THE STIPULATED TIME TO THE CORRECT ADDRESS. LATE BIDS WILL NOT BE
ACCEPTED FOR CONSIDERATION.
1.2. ALL BIDS MUST BE SUBMITTED ON THE OFFICIAL FORMS PROVIDED–(NOT TO BE RE-TYPED) OR IN THE MANNER
PRESCRIBED IN THE BID DOCUMENT.
1.3. THIS BID IS SUBJECT TO THE PREFERENTIAL PROCUREMENT POLICY FRAMEWORK ACT, 2000 AND THE
PREFERENTIAL PROCUREMENT REGULATIONS, 2017, THE GENERAL CONDITIONS OF CONTRACT (GCC) AND, IF
APPLICABLE, ANY OTHER SPECIAL CONDITIONS OF CONTRACT.
1.4. THE SUCCESSFUL BIDDER WILL BE REQUIRED TO FILL IN AND SIGN A WRITTEN CONTRACT FORM (SBD7).
NB: FAILURE TO PROVIDE / OR COMPLY WITH ANY OF THE ABOVE PARTICULARS MAY RENDER THE BID INVALID.
DATE: …………………………………………...
42
SBD 4
BIDDER’S DISCLOSURE
Where a person/s are listed in the Register for Tender Defaulters and / or the List of Restricted Suppliers,
that person will automatically be disqualified from the bid process.
2. Bidder’s declaration
2.1 Is the bidder, or any of its directors / trustees / shareholders / members / partners or any person
having a controlling interest1 in the enterprise, employed by the state? YES/NO
2.1.1. If so, furnish particulars of the names, individual identity numbers, and, if applicable, state
employee numbers of sole proprietor/ directors / trustees / shareholders / members/ partners
or any person having a controlling interest in the enterprise, in table below.
Full Name Identity Number Name of State institution
2.2. Do you, or any person connected with the bidder, have a relationship with any person who is
employed by the procuring institution? YES/NO
2.3. Does the bidder or any of its directors / trustees / shareholders / members / partners or any person
having a controlling interest in the enterprise have any interest in any other related enterprise
whether or not they are bidding for this contract? YES/NO
1
the power, by one person or a group of persons holding the majority of the equity of an enterprise,
alternatively, the person/s having the deciding vote or power to influence or to direct the course and
decisions of the enterprise.
43
3 DECLARATION
3.3 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 consortium2 will not be construed as collusive bidding.
3.4 In addition, there have been no consultations, communications, agreements or arrangements with any
competitor regarding the quality, quantity, specifications, prices, including methods, factors or formulas used
to calculate prices, market allocation, the intention or decision to submit or not to submit the bid, bidding
with the intention not to win the bid and conditions or delivery particulars of the products or services to which
this bid invitation relates.
3.5 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.
3.6 There have been no consultations, communications, agreements or arrangements made by the bidder with
any official of the procuring institution in relation to this procurement process prior to and during the bidding
process except to provide clarification on the bid submitted where so required by the institution; and the
bidder was not involved in the drafting of the specifications or terms of reference for this bid.
3.7 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 bid der
2
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.
44
45
SBD 7.2
2. The following documents shall be deemed to form and be read and construed as part of this
agreement:
3. I confirm that I have satisfied myself as to the correctness and validity of my bid; that the price(s) and
rate(s) quoted cover all the services specified in the bidding documents; that the price(s) and rate(s)
cover all my obligations and I accept that any mistakes regarding price(s) and rate(s) and calculations
will be at my own risk.
4. I accept full responsibility for the proper execution and fulfilment of all obligations and conditions
devolving on me under this agreement as the principal liable for the due fulfillment of this contract.
5. I declare that I have no participation in any collusive practices with any bidder or any other person
regarding this or any other bid.
DATE:
…………………………
…..
46
SBD 7.2
1. I……………………………………………. in my capacity
as……………………...………………………………..
accept your bid under reference number ………………dated………………………for the rendering of
services indicated hereunder and/or further specified in the annexure(s).
3. I undertake to make payment for the services rendered in accordance with the terms and conditions
of the contract, within 30 (thirty) days after receipt of an invoice.
MINIMUM
PRICE (ALL B-BBEE
THRESHOLD
DESCRIPTION OF APPLICABLE COMPLETION STATUS LEVEL
FOR LOCAL
SERVICE TAXES DATE OF
PRODUCTION
INCLUDED) CONTRIBUTION
AND CONTENT
(if applicable)
SIGNED AT ………………………………………ON………………………………..
SIGNATURE …………………………………………
1 ….…………………………
….
2 …..…………………………
….
DATE:
…………………………
…..
47
CERTIFICATE OF AUTHORITY FOR SIGNATORY
Indicate the status of the tenderer by ticking the appropriate box hereunder. The tenderer
must complete the certificate set out below for the relevant category, and attach their
Registration Certificates for Companies, Close Corporations and Partnerships, or
Agreements and Powers of Attorney for Joint Ventures, or ID documents to the page
provided at the end of this form.
connection with the tender for Contract No …………………… and any contract resulting
from it, on behalf of the company.
Chairman: ......................................................................
48
(II) CERTIFICATE FOR CLOSE CORPORATION
We, the undersigned, being the key members in the business trading as …………………………….
to sign all documents in connection with the tender for Contract No and any contract resulting from it,
on our behalf.
ID No………………...
ID No………………..
ID No………………..
Note : This certificate is to be completed and signed by all of the key members upon
whom rests the direction of the affairs of the Close Corporation as a whole.
49
(III). CERTIFICATE FOR PARTNERSHIP
We, the undersigned, being the key partners in the business trading as, .....................
Note : This certificate is to be completed and signed by all of the key partners upon
whom rests the direction of the affairs of the Partnership as a whole.
50
(IV) CERTIFICATE FOR JOINT VENTURE
We, the undersigned, are submitting this tender offer in Joint Venture and hereby authorize
Mr/Ms
…………………………………………… ......................................................................... ,
authorized signatory of the company, ...........................................................................
acting in the capacity of lead partner, to sign all documents in connection with the tender
offer for
Contract No ............................. and any contract resulting from it, on our behalf.
AUTHORISING
NAME OF FIRM ADDRESS SIGNATURE, NAME AND
CAPACITY
Lead partner
Note : This certificate is to be completed and signed by all of the key partners upon
whom rests the direction of the affairs of the Partnership as a whole.
51
(V) CERTIFICATE FOR SOLE PROPRIETOR
trading as ……………………………………………………….
As Witnesses:
1. ………………………………
2. ………………………………
Date: ………………………………
52
FORM OF OFFER AND ACCEPTANCE
The employer, identified in the acceptance signature block, has solicited offers to enter into a
contract for the procurement of:
The tenderer, identified in the offer signature block, has examined the documents listed in the tender
data and addenda thereto as listed in the returnable schedules, and by submitting this offer has
accepted the conditions of tender.
By the representative of the tenderer, deemed to be duly authorized, signing this part of this form of
offer and acceptance, the tenderer offers to perform all of the obligations and liabilities of the
contractor under the contract including compliance with all its terms and conditions according to their
true intent and meaning for an amount to be determined in accordance with the conditions of contract
identified in the contract data.
THE OFFERED TOTAL OF THE PRICES INCLUSIVE OF VALUE ADDED TAX IS:
.......................................... ....................................
. . . . . . . . . . . . . . . . . . . . . . . . . . . . Rand (in words); R . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (in
figures) INCLUDING VAT
This offer may be accepted by the employer by signing the acceptance part of this form of offer and
acceptance and returning one copy of this document to the tenderer before the end of the period of
validity stated in the tender data, whereupon the tenderer becomes the party named as the
contractor in the conditions of contract identified in the contract data.
Name and
signature
of witness .............................. .........................
NOTE: Failure of a Bidder to complete in full and sign this part of the tender form
(offer) will invalidate the tender offer
53
FORM OF OFFER AND ACCEPTANCE
Acceptance
By signing this part of this form of offer and acceptance, the employer identified below accepts the
tenderer’s offer. In consideration thereof, the employer shall pay the contractor the amount due in
accordance with the conditions of contract identified in the contract data. Acceptance of the
tenderer’s offer shall form an agreement between the employer and the tenderer upon the terms and
conditions contained in this agreement and in the contract that is the subject of this agreement.
Deviations from and amendments to the documents listed in the tender data and any addenda
thereto as listed in the tender schedules as well as any changes to the terms of the offer agreed by
the tenderer and the employer during this process of offer and acceptance, are contained in the
schedule of deviations attached to and forming part of this agreement. No amendments to or
deviations from said documents are valid unless contained in this schedule.
The tenderer shall within two weeks after receiving a completed copy of this agreement, including
the schedule of deviations (if any), contact the Employer or the employer’s agent (whose details are
given in the contract data) to arrange the delivery of any bonds, guarantees, proof of insurance and
any other documentation to be provided in terms of the conditions of contract identified in the contract
data. Failure to fulfill any of these obligations in accordance with those terms shall constitute a
repudiation of this agreement.
Notwithstanding anything contained herein, this agreement comes into effect on the date when the
tenderer receives one fully completed original copy of this document, including the schedule of
deviations (if any). Unless the tenderer (now contractor) within five working days of the date of such
receipt notifies the employer in writing of any reason why he cannot accept the contents of this
agreement, this agreement shall constitute a binding contract between the parties.
54