RFP - Commmunity Participant Consultant Bulk Stormwater in Street 2

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City of Johannesburg

Johannesburg Development Agency

No 3 President Street PO Box 61877 Tel +27(0) 11 688 7851 (O)


The Bus Factory Marshalltown Fax +27(0) 11 688 7899/63
Newtown 2107 E-mail: [email protected]
Johannesburg, 2000

www.jda.org.za
www.joburg.org.za
I N V I T A T I O N TO BID

YOU ARE HEREBY INVITED TO BID FOR PROFESSIONAL SERVICE PROVIDERS

ADVERT DATE: 25 JANUARY 2024

CLOSING DATE: 26 February 2024 CLOSING TIME: 12H00

BID DESCRIPTION: APPOINTMENT OF COMMUNITY PARTICIPATION CONSULTANT FOR


BULK STORMWATER IN WARD 3 AND 131 STREET 2 PROJECT

BID NUMBER: JDA/BS/CPC001

BID DOCUMENTS MUST BE DEPOSITED IN THE BID BOX SITUATED AT

Offices of the Johannesburg Development Agency, 3 Helen Joseph (former President Street), The Bus
Factory, Newtown, JOHANNESBURG, 2000

Bidders should ensure that bids are delivered timeously to the correct address. If the bid is late,
it will not be accepted for consideration.

NB: NO BIDS WILL BE CONSIDERED FROM PERSONS IN THE SERVICE OF THE STATE (see
definition below)

MSCM Regulations: “in the service of the state” means to be –


(a) a member of –
(i) any municipal council;
(ii) any provincial legislature; or
(iii) the national Assembly or the national Council of provinces;
(b) a member of the board of directors of any municipal entity;
(c) an official of any municipality or municipal entity;
(d) an employee of 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);
(e) a member of the accounting authority of any national or provincial public entity; or
(f) an employee of Parliament or a provincial legislature.

ANY ENQUIRIES REGARDING THE BIDDING PROCEDURE MAY BE DIRECTED TO:


Department Procurement
Contact Person: Yandisa Dinga [email protected]
Tel: 011 688 7851

ANY ENQUIRIES REGARDING THE PROJECT MAY BE DIRECTED TO:


Department Development Implementation
Contact Person: Nokulunga Khumalo [email protected]

PLEASE NOTE: TENDERS MUST BE SUBMITTED ON THE TENDER DOCUMENTATION ISSUED. TENDER DOCUMENTATION MUST
NOT BE REPRODUCED OR REARRANGED.ANY ADDITIONAL INFORMATION MUST BE SUBMITTED AS A SEPARATE
ATTACHMENT TO THE TENDER DOCUMENT FAILURE TO DO SO WILL RESULT IN YOUR BID BEING DISQUALIFIED.
REQUEST FOR PROPOSALS: APPOINTMENT OF COMMUNITY PARTICIPATION CONSULTANT FOR BULK
STORMWATER IN WARD 3 AND 131 STREET 2 PROJECT

THE FOLLOWING PARTICULARS MUST BE FURNISHED


(FAILURE TO DO SO WILL RESULT IN YOUR BID BEING DISQUALIFIED)

BID / RFP NUMBER JDA/BS/CPC001

BID / RFP DESCRIPTION: APPOINTMENT OF COMMUNITY PARTICIPATION CONSULTANT FOR BULK STORMWATER IN
WARD 3 AND 131 STREET 2 PROJECT

NAME OF BIDDER ……………………………………………………………………………………………………….…

POSTAL ADDRESS ……….…………………………………………………………………..……………………………………….

STREET ADDRESS …………………………………………………………………………………………………………

TELEPHONE NUMBER CODE …………… NUMBER …………………………………………..

CELLPHONE NUMBER ……………………………………………………………………………………………………………

FACSIMILE NUMBER CODE …………… NUMBER …………………………………………..

VAT REGISTRATION NUMBER …………………….………………………………………………………………………………………

TOTAL BID PRICE ……………………………………………………………………….. inclusive Value Added Tax

TOTAL BID PRICE in words ...................................................................................................................................................

............................................................................................................................................................................................................

..................................................................................................................... inclusive Value Added Tax

SIGNATURE OF BIDDER …………………………………………..

CAPACITY UNDER WHICH THIS BID IS SIGNED ……...………………………………………………………………………………

DATE …………………………………………..

THE ABOVE PARTICULARS MUST BE FURNISHED. FAILURE TO DO SO WILL RESULT IN THE


BID BEING DISQUALIFIED

In terms of Protection of Personal Information Act, 213 (Act 4 of 2013), also called the POPI or POPIA,
Johannesburg Development Agency undertakes all reasonable measures to protect personal information and to
keep it private and confidential.

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REQUEST FOR PROPOSALS: APPOINTMENT OF COMMUNITY PARTICIPATION CONSULTANT FOR BULK
STORMWATER IN WARD 3 AND 131 STREET 2 PROJECT

To all our stakeholder

RE: The channels of reporting fraudulent and Corrupt Activities

The City of Johannesburg has a zero-tolerance approach to Fraud, Theft, Corruption, Maladministration, and Collusion by suppliers
with employees. To reinforce this commitment, more channels have been added to report any Fraudulent and Corrupt activities.

Instances of corporate fraud and misconduct remain a constant threat to service delivery. The City of Johannesburg took a resolution to
adopt strategic interventions aimed at combating fraud and corruption. The City took a decision to centralized the reporting of fraudulent
and corrupt activities through the establishment of an independent fraud hotline which is managed by independent service providers.

All people doing business with the Johannesburg Development Agency are encouraged to report any corrupt or illegal practice.

Employees are encouraged to report fraud, waste or other concerns suggestive of dishonest or illegal activities.

Anyone can report fraudulent and corrupt activities through one of the following channels:

• Toll free number……………………………0800 002 587


• Toll free Fax ……………………………… 0800 007 788
• SMS (charged @ R1.50)………………….32840
• Email Address:…………………………… [email protected]
• Web site:…………………………………… www.tip-off.com
• Free post:……………………………………Free post, KZN 138, Umhlanga, 4320

Let’s join hands to take up the Fight against Fraud and Corruption in our society.

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REQUEST FOR PROPOSALS: APPOINTMENT OF COMMUNITY PARTICIPATION CONSULTANT FOR BULK
STORMWATER IN WARD 3 AND 131 STREET 2 PROJECT

APPOINTMENT OF COMMUNITY PARTICIPATION CONSULTANTS

REQUEST FOR PROPOSALS FROM:

APPOINTMENT OF COMMUNITY PARTICIPATION CONSULTANT FOR BULK STORMWATER IN


WARD 3 AND 131 STREET 2 PROJECT

Contract Number: JDA/BS/CPC001

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REQUEST FOR PROPOSALS: APPOINTMENT OF COMMUNITY PARTICIPATION CONSULTANT FOR BULK
STORMWATER IN WARD 3 AND 131 STREET 2 PROJECT

TABLE OF CONTENTS

REQUEST FOR PROPOSALS FROM: 4

COMMUNITY PARTICIPATION CONSULTANTSERROR! BOOKMARK NOT DEFINED.

CONTRACT NUMBER: JDA/BS/CPC001 4

1. BACKGROUND ERROR! BOOKMARK NOT DEFINED.

1.1. Introduction Error! Bookmark not defined.

1.2. Purpose of this Request for Proposal 8

2. PROJECT INFORMATION 8

2.1. Scope of Services: 8

2.2. Management of this Assignment 10

3. APPOINTMENT 12

3.1. Notes 12

4. PROPOSAL CONTENT 14

5. ASSESSMENT CRITERIA 15

6. PRICING INSTRUCTIONS 17

7. RISK TOLERANCE FRAMEWORK 21

8. CLOSING DATE TIME AND VENUE FOR SUBMISSIONS 22

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REQUEST FOR PROPOSALS: APPOINTMENT OF COMMUNITY PARTICIPATION CONSULTANT FOR BULK
STORMWATER IN WARD 3 AND 131 STREET 2 PROJECT

ANNEXURES

A : BUSINESS DECLARATION
B : DECLARATION OF INTEREST
C : DECLARATION OF PAST SCM PRACTICES
D : MBD9 CERTIFICATE OF INDEPENDENT BID DETERMINATION
E : PARTICULARS OF CONTRACTS AWARDED BY AN ORGAN OF STATE
F : FORM OF AGREEMENT FOR APPOINTMENT OF CONSULTANTS – NOT
FOR COMPLETION – for information only
G : APPENDICES TO CONTRACT
H : DEMO TAX COMPLIANCE STATUS PIN LETTER
I : ORGANOGRAM
J : SCHEDULE OF SIMILAR COMPLETED CONTRACTS
K : DECLARATION ON STATE OF MUNICIPAL ACCOUNTS

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REQUEST FOR PROPOSALS: APPOINTMENT OF COMMUNITY PARTICIPATION CONSULTANT FOR BULK
STORMWATER IN WARD 3 AND 131 STREET 2 PROJECT

TENDERING PROCEDURES

Tender Notice and Invitation to Tender

APPOINTMENT OF COMMUNITY PARTICIPATION CONSULTANTS


Contract Number: JDA/BS/CPC001

The JDA is requesting proposals from experienced service providers for APPOINTMENT OF
COMMUNITY PARTICIPATION CONSULTANT FOR BULK STORMWATER IN WARD 3 AND 131
STREET 2 PROJECT for a period of 36 months.

Queries relating to procurement matters may be addressed to Yandisa Dinga at tel: (011) 688 7851;
fax (011) 688 7899; or e-mail: [email protected]

Technical queries or queries relating to the panel may be addressed to Nokulunga Khumalo,
e-mail: [email protected]>

Documents may be downloaded from the JDA’s website as follows: www.jda.org.za as well as on
www.etenders.gov.za from 25 January 2024. Tenders must only be submitted on the tender document
that is downloaded from the stipulated websites only. The retyping of the tender document is not
permitted.

The closing time for receipt of tenders is 12:00pm on 26 February 2024. Telegraphic, telephonic, telex,
facsimile, e-mail, and late tenders will not be accepted.

The physical address for the delivery of tender documents is Johannesburg Development Agency,
Ground Floor Reception Area, The Bus Factory, 3 Helen Joseph Street (formerly President Street),
Newtown 2000

Requirements for sealing, addressing, delivery, opening and assessment of tenders are stated in the
Tender Data.

The JDA’s selection of qualifying tenders will be at the JDA’s sole discretion and will be final. The JDA
does not bind itself to accept any particular tender and correspondence will be entered into with
successful tenderer.

“WE ENCOURAGE ALL PEOPLE DOING BUSINESS WITH US TO REPORT ANY CORRUPT OR
ILLEGAL PRACTICE, USING THE ANTI-FRAUD HOTLINE NUMBER: 0800 002 587”

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REQUEST FOR PROPOSALS: APPOINTMENT OF COMMUNITY PARTICIPATION CONSULTANT FOR BULK
STORMWATER IN WARD 3 AND 131 STREET 2 PROJECT

1. BACKGROUND

1.1 Introduction
The City of Johannesburg has undertaken various consultative processes in identifying some of the
major key issues affecting marginalised areas within the City of Johannesburg. Orange Farm is
amongst others, one of the marginalised Townships within COJ and as result the City has proposed
an intervention programme that seeks to address some of the key issues as raised by the
Community of Orange Farm. Some of the key issues include the lack of provision of basic
infrastructure i.e., Roads, Storm water, water, and sanitation infrastructure as well the provision of
electricity and employment opportunities.

Considering the above, the City of Johannesburg has appointed the JDA to assist with the planning,
design and implementation of a Public Environment Programme including Road construction. This
programme is aimed at improving the public environment and the quality of life for residents of
Orange Farm. It further seeks to unlock potential economic opportunities from external investors
and Job creation through infrastructure projects to be implemented within the Orange Farm
Township.

The Johannesburg Development Agency therefore requests fee proposals in the form of Request
of Proposal (RFP) from suitably qualified and experienced community participation consultants
(CPC) to render coordination and facilitation services for the implementation of the Construction of
the Bulk Stormwater in Ward 3 and 131 Street 2 Project

1.2 Purpose of this Request for Proposal.

The purpose of this RFP is to seek experienced and suitably qualified Community Participation
Consultants with social facilitation expertise. The CPC’s role will be to effectively communicate details
of the project to stakeholders throughout the lifecycle of the works.
The purpose further is to ensure that stakeholders are consulted, communication with stakeholders is
seamless and continuous and that the interested and affected stakeholders support the project after
the transparent processes supported by the community in the project implementation.
To achieve this, the CPC must facilitate participation and consultation with key stakeholders, promote
a positive climate for the project, and facilitate the flow of information between stakeholders, the Client,
and the Project Team. The appointed CPC will be required to work closely with the JDA’s development
implementation, stakeholder management, bus and minibus taxi industries, Joburg Property Company,
Joburg Roads Agency, marketing and communications departments and other departments as
required.

2. PROJECT INFORMATION

2.1. Scope of Services:

The following steps are generally required to be performed by experienced Community Participation
Consultants in projects, however the request for proposal submitted for each piece of work will specify
the necessary requirements for that particular project so that members can respond in terms of pricing
to those pieces of work.

The project scope is as follows:

• Production of a comprehensive stakeholder engagement strategy and communication plan


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REQUEST FOR PROPOSALS: APPOINTMENT OF COMMUNITY PARTICIPATION CONSULTANT FOR BULK
STORMWATER IN WARD 3 AND 131 STREET 2 PROJECT

for involving a range of stakeholders in the programme during construction.


• Status Quo of stakeholder engagement previously conducted and access historic
databases of previous COJ projects related to this project.
• Service providers are expected to look at implementing a context appropriate coproduction
methodology.
• Co-production may include:
o involvement going beyond community meetings
o workshops to look at specific solutions, that are of purpose to the affected public
transport operators
• Key informant interviews and focus group interactions.
• Site visits and participant observations in the public realm are an essential part of the scope.
• Fortnightly progress reports to the Project Steering Committee and Client
• Briefing of the Regional Office (Citizen Relations and Urban Management – CRUM), Ward
Councillor and Ward Committee
• Stakeholder identification and compilation of an interested and affected parties’ database,
and maintenance of the database throughout the project implementation stage
• Conduct (arrange, facilitate and minute) one on one interviews with interested and affected
stakeholders if and when required e.g., stakeholders whose access / egress may be
impacted by the design of the project.
• Conduct (arrange, facilitate and minute) focus group meetings when required.
• Arrange, facilitate and minute ward public meetings.
• Conduct CLO, local labour (skilled, semi-skilled and unskilled) and SMME registrations for
employment opportunities on the project, verify compliance to the requirements and compile
databases for issuing to the main contractor.

• Attend and minute the SMME briefing session and interviews with the main contractor, as well
as the feedback session on the selection of SMME’s for the project.
• Assist with the procurement, training / induction, monitoring, and management of the CLO.
• Assist with the establishment (through the councillor) of a Project Steering Committee (PSC)
• Serve as the secretariat for the project steering committee (PSC) i.e. arrange and minute
PSC meetings
• Attend project meetings.
• Ensure the timeous, complete and accurate reporting of labour usage figures (EPWP
templates)
• Ensure the timeous, complete and accurate reporting of SMME appointments, company
ownership status progress and expenditure by the main contractor
• Submit monthly reports which includes the verified labour usage figures (EPWP templates)
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REQUEST FOR PROPOSALS: APPOINTMENT OF COMMUNITY PARTICIPATION CONSULTANT FOR BULK
STORMWATER IN WARD 3 AND 131 STREET 2 PROJECT

and SMME progress and expenditure information


• Assist the contractor by facilitating problems with local stakeholders and challenges
concerning labour and SMME’s
• Assist with the dissemination of information.
• Submit monthly reports to the Stakeholder Office

No Stage Activities Deliverables

Stakeholder mapping
Stakeholder Identification and mapping Stakeholder and
communication plan
Stakeholder Minutes of all project related
1
engagement
Key stakeholder engagements as detailed meetings and records of all
in the pricing schedule (both on/off site) stakeholder engagement

Prepare plan for CLO, SMME and local


labour appointments for sign off by JDA CLO, SMME and local labour plan
CLO, SMME enterprise development management
and local labour Advertisements
appointments Implement agreed upon plan including Collection of CVs Documentation
2 but the following advertising
and training of appointment process
(where appointment, collecting CVs and any
required) other requirements in accordance with
the COJs practice and policies

Monitor construction feedback with


CLO to ward councillors,
community members, property
Stakeholder owners etc. Project feedback report progress
3
Management updates to stakeholders

Deal with stakeholder issues on site

2.2. Management of this Assignment

Once appointed, each professional will act as the service provider when a need arises for the
particular service they have been appointed for. This implies that even when appointed as a
professional service provider, it does not guarantee that the said service provider will be awarded
any contract by the JDA.

Service providers must supply sufficient information in the respective service applied for. Service
providers that wish to be appointed as professional service providers must:
• Demonstrate the professional qualifications of principal(s)/employed staff to be appointed.
• Demonstrate the professional experience of principal(s)/employed staff to be appointed.
• Respond to this request for proposal and ensure that all forms are completed in full, together
with all annexures and signed by authorised representatives.
• Ensure that all details, as required in this request for proposal and forms are complete, that
the furnished information is correct and that the required returnable documents are attached

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REQUEST FOR PROPOSALS: APPOINTMENT OF COMMUNITY PARTICIPATION CONSULTANT FOR BULK
STORMWATER IN WARD 3 AND 131 STREET 2 PROJECT

to the proposal. Incomplete applications will not be considered for appointment as service
providers.
• Nominate a single point of contact that will be responsible for all deliverables stemming from
the Instruction to Perform Work (IPW) for entire duration of contract.
• It must be noted that the JDA works in all seven (7) regions of the City of Johannesburg. It
is expected that the service provider must have personnel that is fluent in most South African
languages. At the time of RFQ, the document will specify the regions and ward, at which
stage the RFQ document will outline the most preferred language where the project is being
implemented, i.e isiZulu, isiXhosa, Setswana, Sesotho, Sepedi, Tshivenda, isiSwati,
Xitsonga, isiNdebele, English, Afrikaans and sign language interpretation.

Submissions from service providers will be vetted through a compliance process to determine that
all the required information is provided and correct and thereafter evaluated for capacity and
capability to render services applied for as and when required.

To note:
• Applicants herein consent to any investigation the JDA deems necessary in validating any
particulars presented in this request for proposal.
• The service provider will be removed as professional service providers if the required
professional registration is not maintained, or for any other reason that causes the service
provider to become ineligible after having been appointed.
• The appointment of each professional service provider will be valid for a period of 3 years.
• RFPs will be sent out to bidders on the panels using a rotational system

When a need arises for the particular service an “Instruction to Perform Work” or “IPW” will be
issued to a specific service provider for a specific service or deliverable. Each IPW:
• Will be agreed, finalised and signed by both the JDA and the service provider
• Set out deliverables, timeframes and maximum level of effort (budget) for the service
provider will be agreed upon.
• Authorization of the service provider to commence with the provision of the requested
service shall be granted.
• Payment will only be made for services rendered according to the IPW.

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REQUEST FOR PROPOSALS: APPOINTMENT OF COMMUNITY PARTICIPATION CONSULTANT FOR BULK
STORMWATER IN WARD 3 AND 131 STREET 2 PROJECT

3. APPOINTMENT

The JDA is requesting proposals from the following professional services.

• Community Participation Consultant

The scope and nature of works anticipated to be undertaken under this appointment includes the
services as required for civil, building and structural engineering projects and studies including
Urban Development Frameworks, Precinct Plans, Sectoral Plans.

3.1. Notes

• Multi-year appointments will be dependent on performance and budget availability.


• Applicants are to ensure that they have adequate resources to undertake the work under
stringent timeframes.

• The JDA reserves the right to ask tenderers to replace any member/s of the proposed members
of the service provider if they do not meet the JDA requirements.

• Successful tenderers will be required to sign the JDA’s Standard Form Agreement and
appendices which are attached as Annexure J for information purposes.

• The JDA reserves the right to invite any bidder to an interview. The interview will form part of
the tender evaluation process.
Tenderers must note that they will be required, at short notice, as and when necessary to attend
(a) presentations at the JDA, COJ, and other local stakeholders; (b) consultations with relevant
persons and authorities including site visits. This needs to be taken into consideration in the
tenderer’s fee proposal.
• Tenderers must also note that revisions to any deliverable may be required following feedback
received from relevant stakeholders and / or approving authorities which may necessitate some
rework, additional presentations, and meetings. This needs to be taken into consideration in the
tenderer’s fee proposal.

• The appointment as a profession service provider will be to render the services for a period of
three financial years as and when the services are required and will be dependent on
satisfactory performance and budget availability.

• Tenderers will be required to take cognisance of the role of the other professionals as described
in this proposal call and work coherently with them where required.

• All milestone products in addition to the final document and all associated map work, models
and statistical work will become the property of the Johannesburg Development Agent and City
of Joburg.

• Regarding any conflict of interest, the JDA abides by National Treasury SCM
regulations1:

• Consultants are required to provide professional, objective and impartial


advice at all times and hold the client’s interests paramount, without any
consideration for future work and strictly avoid conflicts with other
assignments or their own corporate interests. Consultants should not be
1
http://www.treasury.gov.za/divisions/ocpo/sc/Guidelines/SCM%20Jan900-Guidelines.pdf
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REQUEST FOR PROPOSALS: APPOINTMENT OF COMMUNITY PARTICIPATION CONSULTANT FOR BULK
STORMWATER IN WARD 3 AND 131 STREET 2 PROJECT

hired for any assignment that would be in conflict with their prior or current
obligations to other clients, or that may place them in a position of not
being able to carry out the assignment in the best interest of the State.
Without limitation on the generality of this rule, consultants should not be
hired under the following circumstances:
• A firm, which has been engaged by the accounting officer/authority to
provide goods or works for a project and any of its affiliates, should be
disqualified from providing consulting services for the same project.
Similarly, a firm hired to provide consulting services for the preparation or
implementation of a project and any of its affiliates, should be disqualified
from subsequently providing goods or works or services related to the
initial assignment (other than a continuation of the firm’s earlier consulting
services as described below) for the same project, unless the various
firms (consultants, contractors, or suppliers) are performing the
contractor’s obligations under a turnkey or design-and-build contract;
• Consultants or any of their affiliates should not be hired for any
assignment which, by its nature, may be in conflict with another
assignment of the consultants. As an example, consultants hired to
prepare an engineering design for an infrastructure project should not be
engaged to prepare an independent environmental assessment for the
same project, and consultants assisting a client in the privatization of
public assets should not purchase, nor advise purchasers of such assets.
• The JDA reserves the right not to make an appointment for one or any of the categories of
services.

• Unsuccessful bidders will have the opportunity to query the award within 14 working days of the
publication of the successful bidder on the JDA website.

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REQUEST FOR PROPOSALS: APPOINTMENT OF COMMUNITY PARTICIPATION CONSULTANT FOR BULK
STORMWATER IN WARD 3 AND 131 STREET 2 PROJECT

4. PROPOSAL CONTENT

The bidder’s submission must provide the JDA with sufficient information to enable the Employer to
make a sound and fair evaluation of the proposal. It must clearly indicate the experience, capability and
capacity of the bidding entity to undertake the project/s.

The following minimum documentation and information must be provided.

4.1 On appointment a certified copy of the bidder’s Professional Indemnity Insurance certificate
indicating the maximum value of a claim in an insurance period, the applicable excess and the
expiry date.
4.2 A latest copy of the bidding entity’s municipal rates account in the name of the bidding entity or
alternatively in the names of the directors / partners of the bidding entity.
4.3 A statement from an independent auditor / accountant regarding the tenderer’s financial
standing to undertake this project AND audited financial statements for the past three years.
4.4 Details of Director’s/Partner’s/Members and Shareholders.
4.5 A schedule of completed contracts of a similar nature. Details to be provided in the schedule
must include:

➢ Description of the project


➢ Name of Employer/Client and representative with contact details
➢ Cost of the works
➢ Fee for services
➢ Date of completion

4.6 A schedule of current contracts of a similar nature with details as enumerated.


4.7 A schedule of contracts awarded by an organ of state during the past five (5) years with details.
4.8 A detailed project organogram identifying the entity’s management structure and all staff
resources to be employed on the project/s and the percentage time allocation of the staff to the
project/s. The curricula vitae of the proposed personnel are to accompany the organogram and
are to include certificates of professional qualifications.
4.9 Company registration documents.
4.10 The forms A to K annexed, must be scrutinized and completed in full.
4.11 Tenderers are to submit 2 copies of their proposal/s (1 original plus 1 electronic copy)

Notes in respect of Consortiums and Joint Ventures

• Each party to a Consortium and Joint Venture is to submit the requisite document and/or
information requested in items above.
• An Agreement or Heads of Terms recording the arrangement between the parties to the
Consortium/Joint Venture is be submitted with the proposal.
• The lead consultant must be identified in the proposal.

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REQUEST FOR PROPOSALS: APPOINTMENT OF COMMUNITY PARTICIPATION CONSULTANT FOR BULK
STORMWATER IN WARD 3 AND 131 STREET 2 PROJECT

5. ASSESSMENT CRITERIA

Submissions will be evaluated on the following criteria:

• Compliance

• Technical

• Price and BBBEE

• Risk tolerance

5.1. Compliance

Bidder’s will be disqualified for the following cases:

❑ If any of its directors are listed on the JDA register of defaulters.


❑ In the case of a bidder who during the last five years has been terminated on previous contracts
with the JDA.
❑ Who did not complete, in full, the tender offer page (ie. priced, all registration numbers provided
and signed).
❑ Who did NOT indicate which category is being bidded for.
❑ Who’s tender document has been completed in pencil;
❑ Who’s tender document has been faxed;
❑ Who’s tender document has been received after the closing time;
❑ Who’s tender document has not been deposited in the tender box at the time of closing;
❑ Who did not comply with any other requirement as set out in the tender specifications.
❑ Who is in the employment of the state.

5.2. Technical

The technical assessment is based on the criteria set out below namely:
(i) key returnable documents,
(ii) capability of the proposed key team members (ie. experience, qualifications, and professional
registration and
(iii) the experience of the company, and references

Note that duplication of resources/personnel on the designations indicated in the criteria will result in
zero points being awarded for one criteria.

Tenderers will have to submit compliant documents and score a minimum of 171 points (95%) out of
possible 180 points in the technical evaluation in order to be considered further in the evaluation
process.

Points will only be allocated for key returnable documents submitted.

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REQUEST FOR PROPOSALS: APPOINTMENT OF COMMUNITY PARTICIPATION CONSULTANT FOR BULK
STORMWATER IN WARD 3 AND 131 STREET 2 PROJECT

APPOINTMENT OF COMMUNITY PARTICIPATION CONSULTANT FOR BULK STORMWATER IN WARD 3


AND 13 STREET 2 PROJECT

A. Key Returnable Documents Points


Valid BBBEE status level certificate No
Company registration documents No
CTS letter from SARS No
Current municipal rates account / affidavit No
2 Years audited financial statements No
Certified copies of identity documents No
Annexure A completed in full and signed No
Annexure B completed in full and signed No
Annexure C completed in full and signed No
Annexure D completed in full and signed No
Annexure E completed in full and signed No
Annexure F completed in full and signed No

COMMUNITY PARTICIPATION CONSULTANT EXPERIENCE & QUALIFICATIONS Points


Lead / Senior Community Participation 10 Years’ or greater as a lead Community Participation 80
Consultant Consultant on projects and should also demonstrate
skills in facilitations, negotiations, conflict resolution,
CV’s must show projects, values, roles management of stakeholder relations, report writing,
played and period. If any information is not presentations in meetings, communication (lingual
contained in the CV then zero points will be versatility) and computer skills.
awarded.
Lead / Senior Community Participation Proof of qualification must be provided to obtain the 20
Consultant points. ‘
NQF level 6 and above in a related field Certificates of Attendance to Courses related to skills
Humanities or Psychology or Social Sciences mention herein to be included in the submission.
or Development Studies or Marketing and
Communications or Environmental Studies.
Assistant / Junior Community 5 Years’ or Community Participation Consultant on 20
Participation Consultant complex projects
CV’s must show projects, values, roles
played and period. The community
participation consultant should also
demonstrate skills in report writing,
communication and computer skills.
If any information is not contained in the CV
then zero points will be awarded
Assistant / Junior Community Proof of qualification must be provided to obtain the 10
Participation Consultant points
NQF level 4 (Matric) and above
TOTAL 130
COMMUNITY PARTICIPATION CONSULTANT PROJECTS & REFERENCES
Completed Projects with References 5 projects 50
4 projects 40
Community Participation Consultant 3 projects 30
providing community participation services 2 projects 20
on projects 1 project 10
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REQUEST FOR PROPOSALS: APPOINTMENT OF COMMUNITY PARTICIPATION CONSULTANT FOR BULK
STORMWATER IN WARD 3 AND 131 STREET 2 PROJECT

Points will only be allocated for having


rendered the required Community
Participation services on completed projects

Reference letters must be on a client


letterhead or a document stamped and
signed by the client and must include the
name / description of the project and it must
confirm the services rendered on the above,
the value of the works up to R 50 million,
the date completed and a comment of the
level of satisfaction with the service. The
letter should also have an email address of
the Client Representative. The JDA will be
conducting a reference check via email, to
ascertain veracity of the submitted letters.

If any of the required information is not


contained in the reference then zero points
will be awarded
TOTAL 50

6. PRICING INSTRUCTIONS

It is important to note the following:


a) The table to follow must be completed and submitted together with the Offer Page. A price
must be submitted for each item listed in the table.
b) Failing to price as required will result in the tender being disqualified.
c) For every tangible deliverable, two hard copies and one electronic copy must be issued, the
cost of which must be included in the offer price.
d) Please also be reminded as per the original tender for the appointment of CPC service
providers that:

4.1.1.4. Standard disbursements such as typing, drawings, reproduction, copying,


and binding of documents, telephonic/electronic and facsimile communications,
and courier should be accrued by a service provider. Additional disbursements
must have the prior written agreement of the JDA, unless specifically contained in
an agreed IPW / RFP
4.1.1.5. No disbursement costs (such as local travel and accommodation) should
be accrued by a service provider without prior written agreement of the JDA, unless
specifically contained in by an agreed IPW / RFP

have the prior written agreement of the JDA, unless specifically contained in an agreed IPW / RFP
4.1.1.5. No disbursement costs (such as local travel and accommodation) should be accrued by a
service provider without prior written agreement of the JDA, unless specifically contained in by an
agreed IPW / RFP
e) Please note that Pricing should take note of the resources, as per the original
submission to be on the JDA Co-production. Therefore, two resources, preferably those indicated in
the bidder’s original submission or with the same qualifications and experience should be provided for
the duration of the project. One Senior CPC and one Junior CPC. Please complete the organogram
below.
17
REQUEST FOR PROPOSALS: APPOINTMENT OF COMMUNITY PARTICIPATION CONSULTANT FOR BULK
STORMWATER IN WARD 3 AND 131 STREET 2 PROJECT

f) Bidders are to use the Department of Public Service and Administration: Guide on Hourly Fee Rates
for Consultants – 1 July 2020. The salary band applicable for Senior Community Participation
Consultant (Specialist Consultant) should be 13/14 and for Junior Community Participation
Consultant (Administrative/Secretariat Staff) should be 6 to 8.

Pricing Table

COMMUNITY PARTICIPATION SERVICES: Orange Farm

No. Description Unit of Unit Price Quantity Total Price


Measurement Rand (Rand)
1 Briefing of the Regional Office –
CRUM to advise of project
Arrange, attendance and record No. R 1 R
briefings

2 Briefing of the Ward Councillor


and / or Ward Committee
Arrange, attendance and record No. R 1 R
briefings

3 Stakeholder identification and


compilation of an interested and
affected parties (IAP) database
Provide a lump sum price to No R 1 R
complete the database

4 Maintenance of the IAP database

Maintain / update the database No. R 1 R


quarterly x 2 quarters

5 One on one sessions with


interested and affected
stakeholders
Arrange, facilitate and minute No. R 2 R
sessions

6 Ward public meetings

Arrange, facilitate and minute ward No R 1 R


public meetings
(Allow for 3 ward public meetings – 1 to introduce
the projects at the different phases and to advise
of employment opportunities and 2 to introduce
the main contractors and CLO’s at the different
projects) in different wards as identified.

18
REQUEST FOR PROPOSALS: APPOINTMENT OF COMMUNITY PARTICIPATION CONSULTANT FOR BULK
STORMWATER IN WARD 3 AND 131 STREET 2 PROJECT

7 SMME selection process: Attend No R 3 R


and minute the following -
SMME briefing session, SMME interviews with the
main contractor, Feedback session on the
selection of SMMEs for the project.
Allow 5 days from 8am to 5pm in total for the
entire process. Provide a lump sum total price for
the entire process

8 Induction, monitoring and No. R 15 R


managing the CLO
Induct the CLO, Monitor the performance of the
CLO and manage the CLO in terms of their
reporting quality and deadlines, use of the labour
database, feedback at public meetings etc. for 15
months.

9 Project Steering Committee No R 8 R


(PSC)
Arrange, attend, facilitate and record PSC
meetings x12 meetings for the site. Include
issue and conflict management and resolution,
if so required.

10 Project Team Meetings and Site


Progress Meetings
Attend two site progress meeting No. R 30 R
per site every second week x30
meetings
11 Issue Management No R 15 R

Assist the contractor by resolving problems with


local stakeholders and challenges concerning
labour and SMME’s during construction x 15
Months (Provide a price per month)
TOTAL FEE exclusive of VAT R

VAT @ 15% R

TOTAL FEE inclusive of VAT R

Service Providers must ensure that the final TOTAL FEE is correctly carried to the “offer” page. The
value recorded on the offer page will be regarded as the quoted amount.

19
REQUEST FOR PROPOSALS: APPOINTMENT OF COMMUNITY PARTICIPATION CONSULTANT FOR BULK
STORMWATER IN WARD 3 AND 131 STREET 2 PROJECT

7. PRICE AND EMPOWERMENT

The Preference Point System will be applied as follows:

• 80 points are assigned to price


• Up to 20 points are assigned to BBBEE status per the table under item 6

The total preference points for a tender are calculated with the formula

PP = Ps + Pbee Where

PP is the total number of preference points scored by the tenderer.


Ps is the points scored for the comparative price of the tenderer, and
Pbee is the number of points awarded to the tenderer based on his certified B-BBEE status level.

Formula for scoring tender price.

The following formula will be used to calculate the points for price.

Ps = X [1 – (Pt – Pmin)]
Pmin
Where

Ps = Points scored for comparative price of tender under consideration

Pt = Comparative price of tender under consideration


Pmin = Comparative price of lowest acceptable tender

X = Points assigned to price

Preference points shall be based on the Specific Goal as per below:

Table B1: Awards UP TO R50 mil (VAT Inclusive)

The specific goals Number of Number of Evidence


allocated points in points allocated points claimed
terms of this tender (80/20 system) (80/20 system)
(To be (To be
completed by completed by
the organ of the tenderer)
state)

Race – people who are 5 • B-BBEE certificate or QSE/EME


Black, Coloured or Indian
(ownership)* Affidavit;

More than 51% black • Company Registration Certification


ownership
• Certified Identification Documentation.

• CSD report

20
REQUEST FOR PROPOSALS: APPOINTMENT OF COMMUNITY PARTICIPATION CONSULTANT FOR BULK
STORMWATER IN WARD 3 AND 131 STREET 2 PROJECT

Gender are women 5 • Company Registration Certification


(ownership)*
• Certified Identification Documentation
More than 50% women
ownership • CSD report

SMME 5 • BBBEE Certificate / Affidavit

(EME or QSE) • CSD registration

Locality within City of 5 Municipal Account


Johannesburg

Total Points 20 Failure to attach evidence will lead to


scoring zero points

8. RISK TOLERANCE FRAMEWORK

The JDA has adopted a Risk Tolerance Framework (RTF) which enjoins the JDA to consider its risk
exposure to contractors / service providers in terms of the number of contracts awarded to a single
contractor / service provider in a particular year.

In terms of the Risk Tolerance Framework, the JDA determine the risk exposure as excessive in
instances where the value of the contracts for individual Professional Service providers e.g. Project
manager, Engineers, Quantity Surveyor and Consultants) is either:

1. The greater of R8 million or four contracts/ projects in the current financial year or

2. The greater of R12 million or six contracts/projects over two financial years (current year and
previous financial year).

And

For multi-disciplinary professional teams in instances where the value of the contracts awarded is
(e.g. more than one discipline being provided by the same bidder) is either:

1. The greater of R12 million or six contracts/ projects in the current financial year or

2. The greater of R20 million or nine contracts/projects over two financial years (current year and
previous financial year)

A risk analysis shall be undertaken on the bidder with the highest number of points obtained, to
determine whether the tenderer does not exceed the JDA’s risk framework criteria as stated above, in
other words whether it falls within the ambit of the Risk Tolerance Framework as acceptable.
JDA reserves the right to award a contract to a bidder who has exceeded the threshold as stated above.

Bidders may be required to attend interviews should there be a need for clarity.

Over and above the number of projects and values, bidders will be further evaluated on
commercial risks which will include but not limited to the following: Financial capability to
undertake the project such as capital required to implement the project in line with CIDB s, poor
performance on previous projects, available resources for the project, unduly high or unduly
low tendered rates, significant arithmetical errors and omissions in the tender offer.

21
REQUEST FOR PROPOSALS: APPOINTMENT OF COMMUNITY PARTICIPATION CONSULTANT FOR BULK
STORMWATER IN WARD 3 AND 131 STREET 2 PROJECT

The above may impact the outcome of the evaluation

JDA reserves the right to award a contract to a bidder who has exceeded the threshold as stated above.

Shortlisted bidders may be requested to attend interviews should there be a need for clarity

Bidders are to note that JDA does not bind itself to accept the lowest priced bid

Tender validity is 120 days

9. CLOSING DATE TIME AND VENUE FOR SUBMISSIONS

The completed tender document shall be placed in a sealed envelope.

The words / Ref:

APPOINTMENT OF COMMUNITY PARTICIPATION CONSULTANT FOR BULK STORMWATER IN


WARD 3 AND 131 STREET 2 PROJECT
: JDA/BS/CPC001 - must be written / typed clearly on the envelope.

The envelope must be deposited in the tender box at the Johannesburg Development Agency, Ground
Floor, The Bus Factory, 3 Helen Joseph Street, Newtown only between the hours of 08H00 and17H00,
but at 12H00 on the day of closure.

This tender will close on the 26 February 2024 @12h00

NO LATE / TELEPHONIC / FAXED / POSTAL TENDERS WILL BE ACCEPTED OR CONSIDERED.

The Johannesburg Development Agency’s selection of qualifying tenders shall be in the Johannesburg
Development Agency’s sole discretion and shall be final. The Johannesburg Development Agency
does not bind itself to accept any particular Tender and no correspondence will be entered into.

Queries can be addressed in writing to:

Department Development Implementation


Contact Person: Nokulunga Khumalo [email protected]

22
REQUEST FOR PROPOSALS: APPOINTMENT OF COMMUNITY PARTICIPATION CONSULTANT FOR BULK
STORMWATER IN WARD 3 AND 131 STREET 2 PROJECT

Form A: Business Declaration

Tender/RFP Number : ……………………….………………………………...................................…..


Tender/RFP Description : …………………………………………….......................………………
Name of Company : …………………..................……………………………………………..
Postal Address :.………………...............…..….…………………………………………..
……………..…………...............………………………………….............
Physical Address : ……………………………………………...............……………............
…………………………………...............……………………….............
Telephone : ……………………………...............……………………………............
Fax : ……………………………...............……………………………............
Contact Person :……………………………...............…………………………….............
Cell Phone Number :.............................................................................................................
E-Mail Address :.............................................................................................................
Company/enterprise Income
Tax Reference Number ** : …………………...............……………………………...........................
(Insert personal income tax number if a one person business and personal income tax numbers of all
partners if a partnership)
VAT Registration Number : ……………..………...............…………………………….....................
Company Registration Number: …………………………...................…………………………………...

1. Type of Firm
❑ Partnership
❑ One person business/sole trader
❑ Close corporation
❑ Public company
❑ Private company
(Tick One Box)

2. Principal Business Activities


…………………………………………...………………………………………………….......……….
………………………………….……………………………………….……………………….......…..
………………………………………………………………………………………………….......……

3. Total number of years firm has been in business: …………..........…..………………..........……

4. Detail all trade associations/professional bodies in which you have membership.

23
REQUEST FOR PROPOSALS: APPOINTMENT OF COMMUNITY PARTICIPATION CONSULTANT FOR BULK
STORMWATER IN WARD 3 AND 131 STREET 2 PROJECT

…………………………………………...………………………………………………………….......
………………………………….……………………………………….…………………….....……..
5. Did the firm exist under a previous name?
❑ Yes
❑ No
(Tick one box)

If yes, what was its previous name?.……………………..………..........………………………….

6. How many permanent staff members are employed by the firm:

Full Time: ……………………..

Part Time: …………………….

7. What is the enterprise’s latest annual turnover (excl. VAT): R…………….....................………..

8. List the personnel or firms who provide the following services:

SERVICE NAME CONTACT PERSON TELEPHONE


ACCOUNTING

LEGAL

AUDITING

BANKING

INSURANCE

9. List all contracts which your company is engaged in and have not yet completed:

EXPECTED
CONTRACT COMPANY/ CONTRACT
LOCATION COMPLETION
DESCRIPTION EMPLOYER AMOUNT
( MONTH & YEAR)

SIGNATURE : …………………………………………………................……………………...…

24
REQUEST FOR PROPOSALS: APPOINTMENT OF COMMUNITY PARTICIPATION CONSULTANT FOR BULK
STORMWATER IN WARD 3 AND 131 STREET 2 PROJECT

NAME IN FULL : ………………………………………………………………...............……..…….


CAPACITY : ……………………………………………………………..……...............…….…
DULY AUTHORIZED TO SIGN ON BEHALF OF: ……………………………...............…………...
DATE : ………………………………………………………..............…................………

BANK DETAILS

I/We hereby request and authorize you to pay any amounts which may accrue to me/us to the credit of
my/our account with the mentioned bank.

I/We understand that the credit transfers hereby authorized will be processed by computer through a
system known as the “ACB Electronic Fund Transfer Service” and

I/We also understand that no additional advice of payment will be provided by my/our bank, but details
of each payment will be printed on my/our bank statement or any accompanying voucher.

This authority may be cancelled by me/us giving 30 days notice in writing.

BANK: ………………………………………………………………...........................................…………

BRANCH: ………………………………………………………….........................................…………..

BRANCH CODE: …………………………………………….........................................……………….

ACCOUNT NUMBER: …..………………………………............................................…………………

ACCOUNT HOLDER: …………………………………........................................…………………….

TYPE OF ACCOUNT: …………………………………........................................…………………….

PLEASE INCLUDE ORIGINAL SIGNED AND STAMPED LETTER FROM THE BANK
CONFIRMING THE COMPANY’S BANKING DETAILS, PHOTOSTAT COPIES AND
LETTERS BEARING ELECTRONIC SIGNATURES WILL NOT BE ACCEPTABLE.

The undersigned, who warrants that he/she is duly authorised to do so on behalf of the
company, affirms that the information furnished in response to this request for proposal is
true and correct:

SIGNATURE : ………………………………………………………………………...…

NAME IN FULL : ……………………………………………………………………..…….

CAPACITY : ……………………………………………………………..………….…

DULY AUTHORIZED TO SIGN ON BEHALF OF: …………………………………………...

DATE : …………………………………………………………………...………

25
REQUEST FOR PROPOSALS: APPOINTMENT OF COMMUNITY PARTICIPATION CONSULTANT FOR BULK
STORMWATER IN WARD 3 AND 131 STREET 2 PROJECT

FORM B : DECLARATION OF INTEREST

1. No bid will be accepted from persons in the service of the state*.

2. Any person, having a kinship with persons in the service of the state, including a blood
relationship, may make an offer or offers in terms of this invitation to bid. In view of possible
allegations of favouritism, should the resulting bid, or part thereof, be awarded to persons
connected with or related to persons in service of the state, it is required that the bidder or their
authorised representative declare their position in relation to the evaluating/adjudicating authority.

3. In order to give effect to the above, the following questionnaire must be completed and submitted
with the bid.

3.1 Full Name: …………………………………………………………………………

3.2 Identity Number: …………………………………………………………………

3.3 Position occupied in the company (director, trustees, shareholder**)

………………………………………………

3.4 Company Registration Number: …………………………………………………

3.5 Tax Reference Number: …………………………………………………………

3.6 VAT Registration Number: ………………………….……………………………

3.7 The names of all directors / trustees / shareholders / members, their individual identity numbers
and state employee numbers must be indicated in paragraph 4 below.

3.8 Are you presently in the service of the state* YES / NO

If yes, furnish particulars

…………………………………………………………………………………………

…………………………………………………………………………………………

3.9 Have you been in the service of the state for the past twelve months? YES / NO

If yes, furnish particulars

…………………………………………………………………………………………

…………………………………………………………………………………………

3.10 Do you, have any relationship (family, friend, other) with persons in the service of the state and
who may be involved with the evaluation and or adjudication of this bid? YES / NO

If yes, furnish particulars

…………………………………………………………………………………………

26
REQUEST FOR PROPOSALS: APPOINTMENT OF COMMUNITY PARTICIPATION CONSULTANT FOR BULK
STORMWATER IN WARD 3 AND 131 STREET 2 PROJECT

…………………………………………………………………………………………

3.11 Are you, aware of any relationship (family, friend, other) between any other bidder and any
persons in the service of the state who may be involved with the evaluation and or adjudication
of this bid? YES / NO

If yes, furnish particulars

…………………………………………………………………………………………

…………………………………………………………………………………………

3.12 Are any of the company’s directors, trustees, managers, principle shareholders or stakeholders
in service of the state? YES / NO

If yes, furnish particulars

…………………………………………………………………………………………

…………………………………………………………………………………………

3.13 Are any spouse, child or parent of the company’s directors, trustees, managers, principle
shareholders or stakeholders in service of the state? YES / NO

If yes, furnish particulars

…………………………………………………………………………………………

…………………………………………………………………………………………

3.14 Do you or any of the directors, trustees, managers, principle shareholders or stakeholders of this
company have any interest in any other related companies or businesses whether or not they are
bidding for this contract? YES / NO
If yes, furnish particulars

…………………………………………………………………………………………

…………………………………………………………………………………………

4. Full details of directors / trustees / members / shareholders.

STATE EMPLOYEE
FULL NAME IDENTITY NUMBER
NUMBER

27
REQUEST FOR PROPOSALS: APPOINTMENT OF COMMUNITY PARTICIPATION CONSULTANT FOR BULK
STORMWATER IN WARD 3 AND 131 STREET 2 PROJECT

STATE EMPLOYEE
FULL NAME IDENTITY NUMBER
NUMBER

CERTIFICATION

I, THE UNDERSIGNED (FULL NAME)

…………………………………………………………………...……………………

CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM IS 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 Position

……………………………………………………. ………………………………….
Name of Bidder Date

* MSCM Regulations: “in the service of the state” means to be –


(a) a member of –
(i) any municipal council;
(ii) any provincial legislature; or
(iii)the national Assembly or the national Council of provinces;
(b) a member of the board of directors of any municipal entity;
(c) an official of any municipality or municipal entity;
(d) an employee of 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);
(e) a member of the accounting authority of any national or provincial public entity; or
(f) an employee of Parliament or a provincial legislature.

** “Stakeholder’ means a person who owns shares in the company and is actively involved in the
management of the company or business and exercises control over the company.

28
REQUEST FOR PROPOSALS: APPOINTMENT OF COMMUNITY PARTICIPATION CONSULTANT FOR BULK
STORMWATER IN WARD 3 AND 131 STREET 2 PROJECT

FORM C : 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 as a company or person 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 National Treasury after the audi
alteram partem rule was applied).

4.1.1 If so, furnish particulars:

4.2 Is the bidder or any of its directors listed on the Register for Tender Yes No
Defaulters in terms of section 29 of the Prevention and Combating of
Corrupt Activities Act (No 12 of 2004)?
(To access this Register enter the National Treasury’s website,
www.treasury.gov.za, click on the icon “Register for Tender
Defaulters” or submit your written request for a hard copy of the
Register to facsimile number (012) 3265445).

4.2.1 If so, furnish particulars:

4.3 Was the bidder or any of its directors convicted by a court of law (including Yes No
a court of law outside the Republic of South Africa) for fraud or corruption
during the past five years?

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REQUEST FOR PROPOSALS: APPOINTMENT OF COMMUNITY PARTICIPATION CONSULTANT FOR BULK
STORMWATER IN WARD 3 AND 131 STREET 2 PROJECT

4.3.1 If so, furnish particulars:

Item Question Yes No


4.4 Does the bidder or any of its directors owe any municipal rates and taxes Yes No
or municipal charges to the municipality / municipal entity, or to any other
municipality / municipal entity, that is in arrears for more than three
months?

4.4.1 If so, furnish particulars:

4.5 Was any contract between the bidder and the municipality / municipal Yes No
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?

4.7.1 If so, furnish particulars:

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

30
REQUEST FOR PROPOSALS: APPOINTMENT OF COMMUNITY PARTICIPATION CONSULTANT FOR BULK
STORMWATER IN WARD 3 AND 131 STREET 2 PROJECT

FORM D: 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:

JOHANNESBURG DEVELOPMENT AGENCY

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:
(a) has been requested to submit a bid in response to this bid invitation;
(b) could potentially submit a bid in response to this bid invitation, based on their
qualifications, abilities or experience; and

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)
(c) methods, factors or formulas used to calculate prices;
(d) the intention or decision to submit or not to submit, a bid;
(e) the submission of a bid which does not meet the specifications and conditions
of the bid; or

31
REQUEST FOR PROPOSALS: APPOINTMENT OF COMMUNITY PARTICIPATION CONSULTANT FOR BULK
STORMWATER IN WARD 3 AND 131 STREET 2 PROJECT

(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.

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

32
City of Johannesburg
Johannesburg Development Agency

9.1. No 3 President Street PO Box 61877 Tel +27(0) 11 688 7851 (O)
The Bus Factory Marshalltown Fax +27(0) 11 688 7899/63
Newtown 2107 E-mail: [email protected]
Johannesburg, 2000

www.jda.org.za
www.joburg.org.za

FORM E: Particulars of all Contracts awarded by an Organ of State during the last 5 years (in the event of insufficient space, attach
additional information in supplementary document)

COMMUNITY PARTICIPATION VALUE OF YEAR OF


EMPLOYER NATURE OF WORK
CONSULTANT WORK COMPLETION
REQUEST FOR PROPOSALS: APPOINTMENT OF COMMUNITY PARTICIPATION CONSULTANT FOR BULK STORMWATER IN WARD 3 AND 131 STREET 2 PROJECT

COMMUNITY PARTICIPATION VALUE OF YEAR OF


EMPLOYER NATURE OF WORK
CONSULTANT WORK COMPLETION

.................................................................... ...........................................................
SIGNATURE DATE
(of person authorised to sign on behalf of the Tenderer)

Organ of State means-


a) a national or provincial department:
b) a municipality;
c) a constitutional institution defined in the Public Finance Management Act, 1999 (Act No. 1 of 1999);
d) Parliament;
e) a provincial legislature;
f) any other institution or category of institutions included in the definition of “organ of state” in section 239 of the Constitution and recognised by the
Minister by notice in the Government Gazette as an institution or category of institutions to which this Act applies

4
City of Johannesburg
Johannesburg Development Agency

No 3 President Street PO Box 61877 Tel +27(0) 11 688 7851 (O)


The Bus Factory Marshalltown Fax +27(0) 11 688 7899/63
Newtown 2107 E-mail: [email protected]
Johannesburg, 2000

www.jda.org.za
www.joburg.org.za
MBD 6.1

PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT


REGULATIONS 2022

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.

NB: BEFORE COMPLETING THIS FORM, TENDERERS MUST STUDY THE GENERAL
CONDITIONS, DEFINITIONS AND DIRECTIVES APPLICABLE IN RESPECT OF THE TENDER
AND PREFERENTIAL PROCUREMENT REGULATIONS, 2022

1. 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).

1.2 To be completed by the organ of state


(delete whichever is not applicable for this tender).

a) The applicable preference point system for this tender is the 80/20 preference point system.

b) 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.
1.4 To be completed by the organ of state:
The maximum points for this tender are allocated as follows:
POINTS
PRICE
SPECIFIC GOALS
Total points for Price and SPECIFIC GOALS 100

1.5 Failure on the part of a tenderer to submit proof or documentation required in terms of this tender to
claim points for specific goals with the tender, will be interpreted to mean that preference points for
specific goals are not claimed.
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.
REQUEST FOR PROPOSALS: APPOINTMENT OF COMMUNITY PARTICIPATION CONSULTANT FOR BULK
STORMWATER IN WARD 3 AND 131 STREET 2 PROJECT

2. 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).

3. FORMULAE FOR PROCUREMENT OF GOODS AND SERVICES

3.1. POINTS AWARDED FOR PRICE

3.1.1 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

𝑷𝒕−𝑷 𝒎𝒊𝒏 𝑷𝒕−𝑷 𝒎𝒊𝒏


𝑷𝒔 = 𝟖𝟎 (𝟏 − ) or 𝑷𝒔 = 𝟗𝟎 (𝟏 − )
𝑷 𝒎𝒊𝒏 𝑷 𝒎𝒊𝒏
Where
Ps = Points scored for price of tender under consideration
Pt = Price of tender under consideration
Pmin = Price of lowest acceptable tender

3.2. FORMULAE FOR DISPOSAL OR LEASING OF STATE ASSETS AND INCOME GENERATING
PROCUREMENT

3.2.1. POINTS AWARDED FOR PRICE

A maximum of 80 or 90 points is allocated for price on the following basis:

80/20 or 90/10

𝑷𝒕−𝑷 𝒎𝒂𝒙 𝑷𝒕−𝑷 𝒎𝒂𝒙


𝑷𝒔 = 𝟖𝟎 (𝟏 + ) or 𝑷𝒔 = 𝟗𝟎 (𝟏 + )
𝑷 𝒎𝒂𝒙 𝑷𝒎𝒂𝒙

Where
Ps = Points scored for price of tender under consideration
Pt = Price of tender under consideration
Pmax = Price of highest acceptable tender

4. POINTS AWARDED FOR SPECIFIC GOALS


4
REQUEST FOR PROPOSALS: APPOINTMENT OF COMMUNITY PARTICIPATION CONSULTANT FOR BULK
STORMWATER IN WARD 3 AND 131 STREET 2 PROJECT

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—
(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 Number of


points points points points
allocated claimed claimed
allocated (80/20
The specific goals (90/10 system) (90/10
(80/20 system) system)
allocated points in terms (To be system)
of this tender (To be (To be
completed by (To be completed by
the organ of completed by
completed by the tenderer) the tenderer)
state) the organ of
state)

Business owned by 51% or N/A 5 N/A


more - Black People
Business owned by 51% N/A 5 N/A
or more — Women
SMMEs – QSE or EME
N/A 5 N/A
Locality within City of
N/A 5 N/A
Johannesburg

DECLARATION WITH REGARD TO COMPANY/FIRM

4.3. Name of company/firm…………………………………………………………………….

4.4. Company registration number: …………………………………………………………...

4.5. TYPE OF COMPANY/ FIRM

□ Partnership/Joint Venture / Consortium


□ One-person business/sole propriety
□ Close corporation
□ Public Company

5
REQUEST FOR PROPOSALS: APPOINTMENT OF COMMUNITY PARTICIPATION CONSULTANT FOR BULK
STORMWATER IN WARD 3 AND 131 STREET 2 PROJECT

□ Personal Liability Company


□ (Pty) Limited
□ Non-Profit Company
□ State Owned Company
[TICK APPLICABLE BOX]

4.6. I, the undersigned, who is duly authorised to do so on behalf of the company/firm, certify that the
points claimed, based on the specific goals as advised in the tender, qualifies the company/ firm for
the preference(s) shown and I acknowledge that:

i) The information furnished is true and correct;


ii) The preference points claimed are in accordance with the General Conditions as indicated in
paragraph 1 of this form;
iii) In the event of a contract being awarded as a result of points claimed as shown in paragraphs
1.4 and 4.2, the contractor may be required to furnish documentary proof to the satisfaction of
the organ of state that the claims are correct;
iv) If the specific goals have been claimed or obtained on a fraudulent basis or any of the conditions
of contract have not been fulfilled, the organ of state may, in addition to any other remedy it may
have –

(a) disqualify the person from the tendering process;


(b) recover costs, losses or damages it has incurred or suffered as a result of that
person’s conduct;
(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)

SURNAME AND NAME:


……………………………………………………….
DATE:
………………………………………………………
ADDRESS:
………………………………………………………

………………………………………………………

……………………………………………
…………

……………………………………………
…………

6
Form B17: CONSENT AND ACKNOWLEDGMENTS IN TERMS OF THE PROTECTION OF PERSONAL
INFORMATION ACT 2013 (POPI)

This section sets out how personal information will be collected, used and protected by Johannesburg
Development Agency hereinafter referred to as “JDA”, as required by the Protection of Personal Information
Act. The use of the words “the individual” for the purposes of this document shall be a reference to any
individual (bidder) communicating with JDA and/or concluding any agreement, registration or application,
with the inclusion of each of those individuals referred to or included in terms of such agreement, registration
or application.

1. What is personal information?

The personal information that JDA requires relate to names and surnames, birth dates, identity
numbers, passport numbers, demographic information, education information, occupation information,
health information, addresses, memberships, personal and work email and contact details.

2. What is the purpose of the collection, use and disclosure (the processing) of personal
information?

JDA is legally obligated to collect, use and disclose personal information for the purposes of:

• reporting initiatives to the City of Johannesburg Municipality;


• reporting to National Treasury all contracts awarded;
• obtaining information related to Tax Compliance information from SARS;
• verifying information on the National Treasury database of defaulters;
• evaluating and processing applications for registration on the database;
• compiling statistics and other reports;
• providing personalised communications;
• complying with the law; and/or
• for a purpose that is ancillary to the above and as may be directed by our POPI manual/Policy.
Personal information will not be processed for a purpose other than what is identified (the purpose)
above without obtaining consent beforehand.

3. How will JDA process personal information?

JDA will only collect personal information for the purpose as stated above and for such specific purpose.
Information will be collected in the following manner:
• directly from the individual;
• from service providers who provided with services or goods to JDA;
• from JDA’s own records relating to previous supply of services or goods; and/or
• from a relevant public or equivalent entity.

4. To whom will personal information be disclosed?

JDA GCC
59
The personal information may be disclosed to other relevant public or other entities on whose behalf we
act as intermediaries, other third parties referred to above in relation to the purpose or who are sources
of personal information, service providers such as professional bodies who operate across the borders
of this country (transborder flow of information) where personal information must be sent in order to
provide the information and/or services and/or benefits requested or applied for. In the event of another
party/ies acquiring all of or a portion of JDA’s mandate or functions, personal information will be
disclosed to that party but they will equally be obliged as we are, to protect personal information in
terms of this policy and the law.

5. Consent and Permission to process personal information:

I hereby agree with the policy and provide authorisation to JDA to process the personal information
provided for the purpose stated:

• I understand that withholding of or failure to disclose personal information will result in JDA being
unable to perform its functions and/or any services or benefits I may require from JDA.

• Where I shared personal information of individuals other than myself with JDA, I hereby provide
consent on their behalf to the collection, use and disclosure of their personal information in terms of
this personal information policy and I warrant that I am authorised to give this consent on their behalf.

• To this end, I indemnify and hold JDA not responsible in respect of any claims by any other person
on whose behalf I have consented, against JDA should they claim that I was not so authorised.
• I understand that in terms of POPIA and other laws of the country, there are instances where my
express consent is not necessary in order to permit the processing of personal information, which
may be related to police investigations, litigation or when personal information is publicly available.
• I will not hold JDA responsible for any improper or unauthorised use of personal information that is
beyond its reasonable control.

6. Rights regarding the processing of personal information:

• The individual may withdraw consent to the processing of personal information at any time, and
should they wish to do so, must provide JDA with reasonable notice to this effect. Please note that
withdrawal of consent is still subject to the terms and conditions of any contract that is in place.
Should the withdrawal of consent result in the interference of legal obligations, then such withdrawal
will only be effective if JDA agrees to same in writing. JDA specifically draws to the attention that the
withdrawal of consent may result in it being unable to provide the requested information and/or
services and/or financial or other benefits.
• In order to withdraw consent, please contact the JDA Information Officer/SCM
• A copy of the full JDA policy is available.
• Individuals are encouraged to ensure that where personal information has changed in any respect to
notify JDA so that our records may be updated. JDA will largely rely on the individual to ensure that
personal information is correct and accurate.
The individual has the right to access their personal information that JDA may have in its possession
and are entitled to request the identity of which third parties have received and/or processed

JDA GCC
60
personal information for the purpose. Please note however, that any request in this regard may be
declined if:

- the information comes under legal privilege in the course of litigation,


- the disclosure of personal information in the form that it is processed may result in the disclosure
of confidential or proprietary information,
- giving access may cause a third party to refuse to provide similar information to JDA,
- the information was collected in furtherance of an investigation or legal dispute, instituted or
being contemplated,
- the information as it is disclosed may result in the disclosure of another person’s information,
- the information contains an opinion about another person and that person has not consented,
and/or
- the disclosure is prohibited by law.

7. Queries relating to breach of personal information:

• Please submit queries relating to the breach of personal information to the JDA’s information officer
and SCM in writing as soon as the breach is discovered.

Bidder Signature: Date:

JDA GCC
61

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