JWMRD002..23 Tender Document For Illegal Connections

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TENDER COVER PAGE

YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF JOHANNESBURG WATER

BID NUMBER: JW MRD002/23 CLOSING DATE 21 MARCH 2024 CLOSING TIME: 10:30 AM

DESCRIPTION:
APPOINTMENT OF CONTRACTOR THAT WILL CONDUCT FIELD INVESTIGATIONS AND ENFORCE THE CITY’S
WATER SERVICES BY-LAWS TO ADDRESS ILLEGAL WATER CONNECTIONS ACROSS COJ ON AN AS-AND-
WHEN BASIS FOR A PERIOD OF THIRTY-SIX (36) MONTHS.

BRIEFING SESSION COMPULSORY YES

BRIEFING DETAILS DATE AND TIME: 29 FEBRUARY 2024 AT 11:00 AM


ADDRESS : TURBINE HALL, 65 NTEMI PILISO STREET, NEWTOWN,
JOHANNESBURG, 2001
VENUE : AUDITORIUM

TENDERS RECEIVED FROM NON-ATTENDED BIDDERS OF A COMPULSORY


BRIEFING SESSION WILL BE DISQUALIFIED

TENDER SUBMISSION BID DOCUMENTS MUST BE DEPOSITED IN THE TENDER BOX SITUATED AT
DETAILS GROUND FLOOR IN JOHANNESBURG WATER

ADDRESS : TURBINE HALL, 65 NTEMI PILISO STREET, NEWTOWN,


JOHANNESBURG, 2001

PLEASE ALLOW SUFFICIENT TIME TO ACCESS THE JOHANNESBURG WATER


OFFICE IN TURBINE HALL AND DEPOSIT YOUR TENDER DOCUMENT IN THE
JOHANNESBURG WATER TENDER BOX SITUATED AT RECEPTION BEFORE
THE TENDER CLOSING DATE AND TIME.

TIMES: THE BUILDING WILL OPEN 7 DAYS A WEEK FROM 06:00AM UNTIL
18:00PM

BIDDER INFORMATION
NAME OF BIDDER
NO. OF DOCUMENTS
PHYSICAL ADDRESS
TELEPHONE NUMBER
CELLPHONE NUMBER
E-MAIL ADDRESS
VAT REGISTRATION NUMBER
TAX COMPLIANCE STATUS TCS PIN MAAA No
OTHER STATUS COIDA No. CIDB No N/A

EMPLOYER INFORMATION
DEPARTMENT Metering and Revenue DEPARTMENT SCM
CONTACT PERSON Reuben Kwele CONTACT PERSON Nthabiseng More

TELEPHONE NUMBER 011 688 1596 TELEPHONE NUMBER 011 688 1512
E-MAIL ADDRESS [email protected] E-MAIL ADDRESS [email protected]

Page 1 of 78
TENDER COVER PAGE

NOTE: DOCUMENTS MAY BE DOWNLOADED FROM THE JOHANNESBURG WATER WEBSITE AND ETENDER PORTAL AT
NO COST BUT MUST COMPLY WITH SUBMISSION REQUIREMENTS.

WITHOUT LIMITATION, JOHANNESBURG WATER TAKES NO RESPONSIBILITY FOR ANY DELAYS IN ANY COURIER OR
POSTAL SYSTEM OR ANY LOGISTICAL DELAYS WITHIN THE PREMISES OF JOHANNESBURG WATER. JOHANNESBURG
WATER LIKEWISE TAKES NO RESPONSIBILITY FOR TENDER OFFERS DELIVERED TO A LOCATION OTHER THAN THE
TENDER BOX AS PER THE TENDER SUBMISSION DETAILS STATED IN THE TENDER DOCUMENT. PROOF OF POSTING OR
OF COURIER DELIVERY WILL NOT BE TAKEN BY JOHANNESBURG WATER AS PROOF OF DELIVERY. TENDER SUBMISSION
DOCUMENTS MUST BE IN THE TENDER BOX BEFORE TENDER CLOSURE.

THE TENDERER IS ENCOURAGED TO SIGN THE TENDER SUBMISSION REGISTER WHEN SUBMITTING THEIR TENDERS.

PLEASE ENSURE YOU SUBMIT 1 x ORIGINAL TENDER HARD DOCUMENT


(ALSO PROVIDE AN ELECTRONIC COPY IN A MEMORY STICK/USB).

Any documents required that are not submitted in the tender box at the deadline will be considered late.

The tenderer accepts that Johannesburg Water will not take responsibility for the misplacement or
premature opening of the tender if the outer package is not sealed and marked as stated.

NB: NO BIDS WILL BE CONSIDERED FROM PERSONS IN THE SERVICE OF THE STATE.

NAME OF CONTACT PERSON: ………………………………………………………………………..

SIGNATURE OF BIDDER: ………………………………………………………………………………

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

DATE: …………………………………………...

Page 2 of 78
CONTENTS OF INVITATION

NO DESCRIPTION PAGE

1. Tender Notice and Invitation to Tender ................................................................................................................. 4


2. Documents and Information That will Form Part of The Contract ......................................................................... 5
3. Certificate of Authority ........................................................................................................................................... 9
4. Acknowledgement of Bid Conditions ................................................................................................................... 14
5. Invitation to Bid .................................................................................................................................................... 18
6. Pricing Schedule – Firm Prices MBD 3.1 ............................................................................................................ 20
7. Declaration of Interest MBD 4 ............................................................................................................................. 21
8. Declaration For Procurement Above R10 Million (VAT included) MBD 5 ........................................................... 24
9. Preference Points Claim Form in Terms of The Preferential Procurement Regulations 2022 -80/20 ................ 26
10. Declaration of bidder’s Past Supply Chain Management Practices MBD 8 ........................................................ 30
11. Certificate of Independent Bid Determination MBD 9 ......................................................................................... 32
12. Proof of Good Standing With Regards to Municipal Account ............................................................................. 35
13. Record of Addenda ............................................................................................................................................. 36
14. Scope of Work ..................................................................................................................................................... 37
15. Evaluation ............................................................................................................................................................ 40
16. Pricing Instructions .............................................................................................................................................. 52
17. Pricing Schedule ................................................................................................................................................. 54
18. Contactable Reference Letter ............................................................................................................................. 57
19. Curriculum Vitae .................................................................................................................................................. 62
20. Special Conditions: .............................................................................................................................................. 65
21. General Conditions of Contract ........................................................................................................................... 66
22. Banking Details for Electronic Funds Transfer .................................................................................................... 76
23. JW POPIA Privacy Statement. ............................................................................................................................ 77

Page 3 of 78
TENDER NOTICE AND INVITATION TO TENDER

1. Tender Notice and Invitation to Tender


Johannesburg Water (SOC) Ltd invites the tenderer for the following:
CONTRACT NO. JW 001/22 GL: OFFISITE STORAGE AND RETRIEVAL OF COMPANY’S DOCUMENTS ON
AN AS AND WHEN BASSIS FOR THE PERIOD OF 36 MONTHS

The tender document will be available in the form of a download from the Johannesburg Water website
(www.johannesburgwater.co.za /supply chain/tenders) starting from 19 February 2024.

The Employer is Johannesburg Water.

All tenders and supporting documents must be sealed and be placed in the Tender box on the ground floor of
the Johannesburg Water by no later than 10:30 am on 21 March 2024.
Address is as follows:

TURBINE HALL, 65 NTEMI PILISO STREET, NEWTOWN, JOHANNESBURG, 2001

Johannesburg Water (SOC) Ltd is not obliged to accept the lowest or any tender and Johannesburg Water
reserves to appoint:
a) in whole or in part.
b) to more than one tenderer.
c) to the highest points scoring bidder.
d) to the lowest acceptable tender or highest acceptable tender in terms of the point scoring system.
e) to a bidder not scoring the highest points (based on objective grounds in terms of section 2 (1) (f) of
the PPPFA) (where applicable).
f) not to consider any bid with justifiable reasons.

A valid and binding contract with the successful tender/s will be concluded once Johannesburg Water has
awarded the contract. Johannesburg Water (SOC) Ltd and the successful tenderer/s will sign the Letter of
Award which together with the submitted tender document will form the contract.

Page 4 of 78
CHECKLIST OF DOCUMENTS AND INFORMATION THAT WILL FORM PART OF CONTRACT
2. Documents and Information That will Form Part of The Contract

The Tenderer is to indicate in the “Submitted (Yes/No)” column in the below table that they have
completed the required section of the tender document. Completion of this checklist will assist the
Tenderer in ensuring that they have attended to all the required items for submission with this
tender. Additionally, it is an absolute requirement that tenderers comply with National Treasury’s
CSD registration as well as SARS tax compliance requirements for contract award. The below will
form part of the tender document, the tenderers are therefore encouraged to submit the returnable
and or documentation with their tender offer to avoid elimination especially with regards to what is
stated in the Required for Tender Evaluation column or not obtaining points for Specific Goals.
Tenderers are encouraged to ensure that their Tax status remains Tax Compliant on CSD throughout
the process to avoid delaying the process or being eliminated at award stage.

All documentation and information listed in the Checklist below shall form part of the Contract.

Table 1

No Description of Returnable/s or Documentation Required Required Required Submitted


or Information that will form Part of Contract for Tender for Tender After (Yes/No)
and must therefore to be Completed and / or Evaluation Award Tender
Submitted by the Tenderer Award

1. Tender Cover:
Name of Tender •
Contact Person •
Telephone Number •
Central Supplier Database Registration • •
COIDA Registration Number •
Tax SARS PIN No. • •
MAAA No. for Tax Compliant Status •
2. Mandatory Documents at Particular Stage:
Attendance of Compulsory Briefing Meeting: •
Price Schedule completed and signed as per •
award and or allocation strategy
3. Administrative Documentation:
Signed Certificate of Authority to Sign or Board •
Resolution granting authority to sign. Completed
and signed
Signed Acknowledgement of Tender Conditions • •
MBD 1 - Invitation to Bid – Completed and signed • •
MBD 3.1 - Pricing Schedule – Firm Prices • •
(Purchases) completed (Acknowledgement that
rates will be fixed for duration of contract).

MBD 4 - Declaration of interest - Completed and • •


signed
MBD 5 - Declaration for procurement above R10 • •
Million (all applicable taxes included) Completed
and signed.
MBD 6.1 - Preference Points Schedule – Specific •
Goals and Price Points - Completed and signed.
MBD 8 - Bidder's past supply chain management • •
practices – Completed and signed.

Page 5 of 78
CHECKLIST OF DOCUMENTS AND INFORMATION THAT WILL FORM PART OF CONTRACT
MBD 9 - Certificate of Independent Bid • •
Determination – Completed and signed.
Municipal Rates and Taxes for the Tenderer - • •
Current municipal rates for the entity not older than
90 days (if leasing/renting, submitted proof such as
lease agreement where premises are rented), OR
Confirmation that suitable arrangements are in
place for arrear municipal obligations with your
local municipality.
OR
Current municipal rates which is not older than 90
days or valid lease agreement with affidavit from
owner of property in cases where the submitted
municipal statement or lease agreement is not in
the name of the tenderer. Please refer to Proof of
Good Standing with Municipality Accounts
document in the tender document for cases when
the affidavit would be accepted.
Municipal Rates and Taxes - Current municipal • •
rates for the directors of the entity not older than 90
days (if leasing/renting, submitted proof such of
lease agreement where premises are rented), OR
Confirmation that suitable arrangements are in
place for arrear municipal obligations with your
local municipality. OR
Current municipal rates which is not older than 90
days or valid lease agreement with affidavit from
owner of property in cases where the submitted
municipal statement or lease agreement is not in
the name of the director. Please refer to Proof of
Good Standing with Municipality Accounts
document in the tender document for cases when
the affidavit would be accepted.
3-year financial statements (audited where • •
applicable)
Any qualifications. If “Yes”, reference to such •
qualification/s must be indicated on a cover letter.
Please be aware that alterations on the tender
document may result in your tender being
eliminated as the qualification may impede on
the ability to evaluate like with like.
Joint Venture, consortium or equivalent agreement •
(if applicable)
4. Functionality Documentation:
Documentary Evidence Required for Criteria 1. •
Tenderer is required to provide reference letters as
proof that they have provisioned illegal water
connections investigation.

Documentary Evidence Required for Criteria 2. •


Tender to attach a CV Template detailing years’
experience of the project manager and copy of
qualifications.

Page 6 of 78
CHECKLIST OF DOCUMENTS AND INFORMATION THAT WILL FORM PART OF CONTRACT
Documentary Evidence Required for Criteria 3. •
Tender to attach a CV Template detailing years’
experience in Data Administrator and copy of
qualifications.

Documentary Evidence Required for Criteria 4. •


Tender to attach a CV Template detailing years’
experience in Investigating and copy of
qualifications
5. Specific Goals:
Businesses located within the boundaries of COJ •
municipality.
• Proof of municipal account / valid lease
agreement, letter from the Ward Council
confirming the business address.
Business owned by 51% or more-Women. •

• Valid BBBEE Certificate issued by SANAS


accredited verification agency or
DTI/CIPC BBBEE Certificate for
Exempted Micro Enterprises or Affidavit
sworn under oath, OR
• CIPC registration document showing
percentage of ownership and share
certificate where applicable.

Business owned by 51% or more – Black Youth •


• Valid BBBEE Certificate issued by SANAS
accredited verification agency or Affidavit
sworn under oath.
Business that are classified as EME’s and owned •
by 51% or more Black people.
• Valid BBBEE Certificate issued by SANAS
accredited verification agency or DTI /CIPC
BBBEE Certificate for Exempted Micro
Enterprises or Affidavit sworn under oath.
6. Scope of Work:
Scope of Work and or Specifications •
7. Pricing Schedule:
Pricing Schedule completed in accordance with •
the award strategy
Alterations authenticated – Refer to •
Acknowledgment of Tender Conditions
8. Terms and Conditions:
General Conditions of Contract •
Special Conditions of Contract •
9. Other Documents
Letter of Award •
Bank Details Form •

Page 7 of 78
CHECKLIST OF DOCUMENTS AND INFORMATION THAT WILL FORM PART OF CONTRACT
Tenderers will be notified of any omitted, outstanding, missing and or incomplete administrative
documents and will be offered a period of 3 days to complete or submit those pages i.e., Municipal
Bidding Documents (MBD), authority to sign and other administrative documents that require
completion and signatures. These exclude documentation on functionality, price and preference
points for specific goals.

Tenders that are received contrary to the above requirements will be disqualified after three (3) days
period has lapsed.

If locality is a specific goal in MBD6.1 – the requested documentation may not be used to allocate
points for specific goals.

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CERTIFICATE OF AUTHORITY

3. Certificate of Authority

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.

(I) (II) (III) (IV) (V)


COMPANY CLOSE PARTNERSHIP JOINT VENTURE SOLE
CORPORATION PROPRIETOR

(I) Certificate For Company

I, ………………………………………, chairperson of the Board of Directors of


....................................................................., hereby confirm that by resolution of the Board
taken on ................................., Mr/Ms ..................................., acting in the capacity of
.........................................................., was authorized to sign all documents in connection with
tender JW………….. and any contract resulting from it on behalf of the company.

Chairman: .........................................................................................................

As Witnesses: 1......................................................................................

2......................................................................................

Date: ..................................

Page 9 of 78
CERTIFICATE OF AUTHORITY

(II) Certificate For Close Corporation

We, the undersigned, being the key members in the business trading as ...............................
...................................... hereby authorize Mr/Ms .……………….... , acting in the capacity of
............................................................................, to sign all documents in connection with the
tender and any contract resulting from it on our behalf.

NAME ADDRESS SIGNATURE DATE

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.

Page 10 of 78
CERTIFICATE OF AUTHORITY

(III) Certificate For Partnership

We, the undersigned, being the key partners in the business trading as,
............................................………………., hereby authorize Mr/Ms ............................……. ,
acting in the capacity of …………………………………... , to sign all documents in connection with the tender
and any contract resulting from it on our behalf.

NAME ADDRESS SIGNATURE DATE

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.

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CERTIFICATE OF AUTHORITY

(IV) Certificate For Joint Venture

This Returnable Schedule is to be completed by joint ventures.

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 and any contract resulting from it on our behalf.

NAME OF FIRM ADDRESS DULY AUTHORISED


SIGNATORY
Lead partner
Signature. . . . . . . . . . . . .

Name ……………………

Designation

Signature. . . . . . . . . . . . .

Name ……………………

Designation

Signature. . . . . . . . . . . . .

Name ……………………

Designation

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 Joint Venture as a whole.

Page 12 of 78
CERTIFICATE OF AUTHORITY
(V) Certificate For Sole Proprietor

I, .............................................., hereby confirm that I am the sole owner of the Business

trading as …………………………………………………........................ and the person authorized hereunder


is duly authorized to sign all documents related to tender JW…………………

and contract resulting therefrom.

Signature of Sole owner: ..................................................

As Witnesses:

1..........................................................................................

2. ........................................................................................

Date: ..........................................

Page 13 of 78
ACKNOWLEDGEMENT OF BID CONDITION
4. Acknowledgement of Bid Conditions
1 I/We hereby bid to supply all or any of the supplies and/or to render all or any of the services described
in the attached documents to Johannesburg Water ( SOC ) Ltd on the terms and conditions and in
accordance with the specifications stipulated in the bid documents (and which shall be taken as part of,
and incorporated into, this bid) at the prices and on the terms regarding time for delivery and/or execution
inserted therein.

2 I/We agree that -

(a) the offer herein shall remain binding upon me/us and open for acceptance by Johannesburg
Water (SOC) Ltd during the validity period indicated and calculated from the closing time of the
bid or agreed validity period;

(b) this bid and its acceptance shall be subject to the terms and conditions embodied herein with
which I am/we are fully acquainted;

(c) if I/we withdraw my/our bid within the period for which I/we have agreed that the bid shall remain
open for acceptance, or fail to fulfil the contract when called upon to do so, Johannesburg Water
( SOC ) Ltd, without prejudice to its other rights, agree to the withdrawal of my/our bid or cancel
the contract that may have been entered into between me/us and Johannesburg Water ( SOC )
Ltd and I/we will then pay to Johannesburg Water ( SOC ) Ltd any additional expense incurred
by having either to accept any less favourable bid or, if fresh bids have to be invited, the
additional expenditure incurred by the invitation of fresh bids and by the subsequent acceptance
of any less favourable bid; Johannesburg Water ( SOC ) Ltd shall also have the right to recover
such additional expenditure by set-off against moneys which may be due or become due to me/us
under this or any other bid or contract or against any guarantee or deposit that may have been
furnished by me/us or on my/our behalf for the due fulfilment of this or any other bid or contract
and pending the ascertainment of the amount of such additional expenditure to retain such
moneys, guarantee or deposit as security for any loss Johannesburg Water (SOC) Ltd may
sustain by reason of my/our default;

(d) if my/our bid is accepted the acceptance may be communicated to me/us by electronic mail (e-
mail), faxed letter or by order by ordinary post or registered post and that SA Post Office Ltd shall
be regarded as my/our agent, and delivery of such acceptance to SA Post Office Ltd shall be
treated as delivery to me/us.

(e) the law of the Republic of South Africa shall govern the contract created by the acceptance of
my/our bid.

3 I/We furthermore confirm that I/we have satisfied myself/ourselves as to the correctness and validity of
my/our bid; that the price(s) and rate(s) quoted cover all the work/item(s) specified in the bid documents
and that the price(s) and rate(s) cover all my/our obligations under a resulting contract and that I/we
accept that any mistakes regarding price(s) and calculations will be at my/our risk.

4 I/We hereby accept full responsibility for the proper execution and fulfilment of all obligations and
conditions devolving on me/us under this agreement as the principal(s) liable for the due fulfilment of this
contract.

5 I/We agree that any action arising from this contract may in all respects be instituted against me/us and
I/we hereby undertake to satisfy fully any sentence or judgement which may be pronounced against
me/us as a result of such action.

Details of my / our offer are / are as follows:

6 We undertake, if our Tender is accepted, to execute the contract in accordance with the requirements as
Page 14 of 78
ACKNOWLEDGEMENT OF BID CONDITION
specified.

7 Until a formal Contract is prepared and executed, this Tender, together with your written acceptance
thereof and your notification of award, shall constitute a binding Contract between us.

8 We understand that Johannesburg Water is not bound to accept the lowest or any tender it may receive,
and that the contract may be awarded in whole or in part and to more than one tenderer.

9 Should my/our tender be successful, it be understood that a contract will come into existence for the
duration of contract stated in the tender document which will commence from the date indicated in the
letter of acceptance.

INSTRUCTIONS TO BIDDERS

NB: Each bid must be submitted in a separate, sealed envelope on which the NAME AND ADDRESS OF
THE BIDDER, THE BID NUMBER, DESCRIPTION OF BID AND THE CLOSING DATE must be clearly
endorsed. The bid must be addressed to Supply Chain Management Unit, Johannesburg Water (SOC)
(SOC) Ltd and deposited in the BID BOX situated at the entrance: Turbine Hall,65 Ntemi Piliso Street,
Newtown, Johannesburg.

It is the responsibility of the bidder to ensure that their /his / her bid document is submitted in a sealed
envelope and placed in the Bid Box in good time so as not to miss the official deadline of 10:30 am on the
closing date.

Bid documents submitted via courier services will be acceptable provided that the bidder instructs such
courier company or its representative to deposit the documents in the bid box. Documents should under no
circumstances be handed to an employee of Johannesburg Water as it may not be held accountable in the
event of any loss thereafter.

Bid documents may not be submitted via the South African Post Office as only bid documents received in
the Bid Box at the time of closing will be taken into account.

Bid documents received from non-attended bidders of a compulsory briefing session will be disqualified.

Tenderers are to allow for sufficient time to access Johannesburg Water offices in Turbine Hall and deposit
their bid document in the Johannesburg Water tender box situated at reception before tender closing time.
Tenderers are to note that the Johannesburg Water offices are open during 06:00am and 18:00pm seven
(7) days a week.

IMPORTANT CONDITIONS

1 Bid documents must be completed using non-erasable black ink. Bids that are received contrary to this
requirement will be disqualified. This condition applies to bid documents purchased as well as bid
documents downloaded from the e-tender portal.

2 Bids should be submitted on the official forms provided. Should any conditions of the bid be qualified by
the bidder, Johannesburg Water may disqualify the bid.

3 If any of the conditions on this bid form are in conflict with any special conditions, stipulations or provisions
incorporated in the bid, such special conditions, stipulations or provisions shall apply.

4 Bids received after the closing time and date will not be accepted and will be returned to the bidder
unopened.

5 All bid documents must be in sealed envelopes and deposited in the Official Bid Box situated at Turbine
Hall, 65 Ntemi Piliso Street, Newtown.
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ACKNOWLEDGEMENT OF BID CONDITION
6 Bids should as far as possible be submitted in their entirety. Such bid documents should also comply with
submission requirements as described therein and should be bound in such a way that pages will not go
missing.
7 Tender documents may be completed electronically without altering or tampering with any of the terms,
conditions, specifications, pricing schedule etc. in the tender documents. Tender documents received
contrary to this requirement will be disqualified.
8 It is an absolute requirement that the bidders tax matters are in order. To this effect, the bidder must
furnish their Tax Compliance Status Pin or CSD MAAA number for bids as requested elsewhere in the
bid document.

9 Tenderers will be notified of any omitted, outstanding, missing and or incomplete administrative
documents and will be offered a period of 3 days to complete or submit those pages i.e., Municipal
Bidding Documents (MBD), authority to sign and other administrative documents that require completion
and signatures. These exclude documentation on functionality, price and preference points for specific
goals. In cases where locality is a specific goal and the bidder did not submit the required
documentation, the tenderer upon submitting the municipal statement, lease agreement or letter from
ward councilor confirming business address as per above, may not be eligible for points under specific
goals if such documentation required for administrative compliance was not submitted with the tender
submission.
10 Pricing schedule must be completed and signed in accordance with award strategy. Bids that are received
contrary to this requirement will be disqualified.
11 Tenderer’s authorized signatory to sign or initial next to the price alteration.
12 The evaluation on price alteration will be conducted as follows:

12.1. Where the tender award strategy is to evaluate and award per item or category, the following
must apply:

(i) If there is an alteration on the rate but no alteration on the total for the item or category,
the bidder will not be disqualified.
(ii) If there is an alteration on the total for the item/s without authentication, bidders will only
be disqualified for alteration per item or category.
12.2. Where the tender award strategy is to evaluate and award total bid offer, the following must
apply:
(i) If there is an alteration on the rate, total for the line item, sub-total/ sum brought/carried
forward for the section but no alteration on the total bid offer, the bidder will not be
disqualified.
(ii) If there is an alteration on the total bid offer on form of offer then the amount in words
must be considered or vice-versa.
(iii) If there is an unauthenticated alteration on the total bid offer and the amount in words is
not authenticated, the bidders will be disqualified for the entire tender.

12.3. Where the tender pricing schedule or bill of quantities is requesting rates/price from bidder/s
without providing a total, the following will apply:

(i) If there is an unauthenticated alteration on the unit rate/price the bidder must be
disqualified.

13 The price will mean an amount tendered for goods or services and included all applicable taxes less all
unconditional discounts.
14 The tender may be rejected if the tenderer does not correct or accept the correction of the arithmetical
error communicated to the tenderer by Johannesburg Water. Acceptance of the correction to the
arithmetic error must be in writing.
15 Tenderers are allowed to offer selective items (not all items as per BOQ) where applicable. Items that
are left blank will be regarded as non-offered items.
16 Johannesburg Water reserves the right to enter into mandated negotiations to achieve cost effectiveness
Page 16 of 78
ACKNOWLEDGEMENT OF BID CONDITION
with any one or more selected tenderers in accordance with Johannesburg Water’s approved SCM
procurement policy.
17 Notwithstanding compliance regarding any requirements of the tender, JW will perform a risk analysis in
respect of the following:
a) reasonableness of the financial offer
b) reasonableness of unit rates and prices
c) the tenderer’s ability or financial capacity to fulfil its obligations. The financial statements will be
analysed in accordance with the uniform financial rations and industry norms. The following
rations will be used to determine the financial stability of the company: current ratio, solvency
ratio, operating profit margin and cost coverage will be assessed.

The conclusions drawn from this risk analysis will be used by JW in determining whether to accept the
bid offer or to reject the bid offer.
18 JW Reservations:
JW reserves the right to award contracts and tenders at its discretion on the basis of the following

a) in whole or in part.
b) to more than one tenderer.
c) to the highest points scoring bidder.
d) to the lowest acceptable tender or highest acceptable tender in terms of the point scoring
system.
e) to a bidder not scoring the highest points (based on objective grounds in terms of section 2 (1)
(f) of the PPPFA) (where applicable).
f) not to consider any bid with justifiable reasons.

SIGNATURE(S)OF AUTHORIZED PERSON …….....................................


DATE:....................................

Name of
bidder.........................…………………………………………………………………………………………..
Name of authorized person (in block letters) ..........................……………….

Page 17 of 78
INVITATION TO BID MBD 1
5. Invitation to Bid

YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS FOR JOHANNESBURG WATER
21 MARCH
BID NUMBER: JW MRD002/23 CLOSING DATE: 2024 CLOSING TIME: 10:30
DESCRIPTION APPOINTMENT OF CONTRACTOR THAT WILL CONDUCT FIELD INVESTINGS AND ENFORCE THE
CITY’S WATER SERVICES BYY-LAWS TO ADDRESS ILLEGAL WATER CONNECTIONS ACROSS
COJ ON AN AS-AND-WHEN BASIS FOR A PERIOD OF THIRTY-SIX (36) MONTHS.

BID RESPONSE DOCUMENTS MAY BE DEPOSITED IN THE BID BOX SITUATED AT (STREET ADDRESS)
TURBINE HALL,
65 NTEMI PILISO STREET
NEWTOWN, JOHANNESBURG, 2001

BIDDING PROCEDURE ENQUIRIES MAY BE DIRECTED TO TECHNICAL ENQUIRIES MAY BE DIRECTED TO:
CONTACT PERSON Nthabiseng More CONTACT PERSON Reuben Kwele
TELEPHONE
NUMBER 011 688 1512 TELEPHONE NUMBER 011 688 1596
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
E-MAIL ADDRESS
VAT REGISTRATION
NUMBER
SUPPLIER TAX CENTRAL
COMPLIANCE COMPLIANCE SUPPLIER
OR
STATUS SYSTEM PIN: DATABASE
No: MAAA
B-BBEE TICK APPLICABLE BOX] B-BBEE SWORN [TICK APPLICABLE BOX]
CERTIFICATE AFFIDAVIT

Yes No Yes No

PLEASE REFER TO EVALUATION SECTION FOR SPECIFIC GOALS VERIFICATION DOCUMENTATION REQUIRED TO
QUALIFY FOR POINTS FOR SPECIFIC GOALS
ARE YOU THE ARE YOU A
ACCREDITED FOREIGN BASED
REPRESENTATIVE SUPPLIER FOR THE Yes No
IN SOUTH AFRICA Yes No GOODS /SERVICES
FOR THE GOODS /WORKS [IF YES, ANSWER THE
/SERVICES /WORKS [IF YES ENCLOSE PROOF] OFFERED? QUESTIONNAIRE BELOW ]
OFFERED?
QUESTIONNAIRE TO BIDDING FOREIGN SUPPLIERS

IS THE ENTITY A RESIDENT OF THE REPUBLIC OF SOUTH AFRICA (RSA)? YES


NO
DOES THE ENTITY HAVE A BRANCH IN THE RSA? YES
NO
DOES THE ENTITY HAVE A PERMANENT ESTABLISHMENT IN THE RSA? YES
NO
Page 18 of 78
INVITATION TO BID MBD 1
DOES THE ENTITY HAVE ANY SOURCE OF INCOME IN THE RSA? YES
NO
IS THE ENTITY LIABLE IN THE RSA FOR ANY FORM OF TAXATION? YES NO
IF THE ANSWER IS “NO” TO ALL OF THE ABOVE, THEN IT IS NOT A REQUIREMENT TO REGISTER FOR A TAX
COMPLIANCE STATUS SYSTEM PIN CODE FROM THE SOUTH AFRICAN REVENUE SERVICE (SARS) AND IF NOT
REGISTER AS PER 2.3 BELOW.

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, 2022, THE GENERAL CONDITIONS OF CONTRACT (GCC)
AND, IF APPLICABLE, ANY OTHER SPECIAL CONDITIONS OF CONTRACT.
2. TAX COMPLIANCE REQUIREMENTS
2.1 BIDDERS MUST ENSURE COMPLIANCE WITH THEIR TAX OBLIGATIONS.
2.2 BIDDERS ARE REQUIRED TO SUBMIT THEIR UNIQUE PERSONAL IDENTIFICATION NUMBER (PIN) ISSUED
BY SARS TO ENABLE THE ORGAN OF STATE TO VERIFY THE TAXPAYER’S PROFILE AND TAX STATUS.
2.3 APPLICATION FOR TAX COMPLIANCE STATUS (TCS) PIN MAY BE MADE VIA E-FILING THROUGH THE
SARS WEBSITE WWW.SARS.GOV.ZA.
2.4 BIDDERS MAY ALSO SUBMIT A PRINTED TCS CERTIFICATE TOGETHER WITH THE BID.
2.5 IN BIDS WHERE CONSORTIA / JOINT VENTURES / SUB-CONTRACTORS ARE INVOLVED, EACH PARTY
MUST SUBMIT A SEPARATE TCS CERTIFICATE / PIN / CSD NUMBER.
2.6 WHERE NO TCS PIN IS AVAILABLE BUT THE BIDDER IS REGISTERED ON THE CENTRAL SUPPLIER
DATABASE (CSD), A CSD NUMBER MUST BE PROVIDED.
2.7 NO BIDS WILL BE CONSIDERED FROM PERSONS IN THE SERVICE OF THE STATE, COMPANIES WITH
DIRECTORS WHO ARE PERSONS IN THE SERVICE OF THE STATE, OR CLOSE CORPORATIONS WITH
MEMBERS PERSONS IN THE SERVICE OF THE STATE.”

NB: FAILURE TO PROVIDE / OR COMPLY WITH ANY OF THE ABOVE PARTICULARS MAY RENDER THE BID
INVALID.

SIGNATURE OF BIDDER: ……………………………………………

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


(Proof of authority must be submitted e.g., company resolution)

DATE: ………………………………

Page 19 of 78
PRICING SCHEDULE – FIRM PRICES MBD 3.1
(PURCHASES)
6. Pricing Schedule – Firm Prices MBD 3.1

NOTE: ONLY FIRM PRICES WILL BE ACCEPTED. NON-FIRM PRICES (INCLUDING PRICES
SUBJECT TO RATES OF EXCHANGE VARIATIONS) WILL NOT BE CONSIDERED

IN CASES WHERE DIFFERENT DELIVERY POINTS INFLUENCE THE PRICING, A SEPARATE PRICING
SCHEDULE MUST BE SUBMITTED FOR EACH DELIVERY POINT

Name of Bidder…………………………………… Bid Number: JW MRD002/23

Closing Time: 10:30 Closing Date 21 March 2024

OFFER TO BE VALID FOR 90 DAYS FROM THE CLOSING DATE OF BID.

__________________________________________________________________________

ITEM QUANTITY DESCRIPTION BID PRICE IN RSA CURRENCY


NO. **(ALL APPLICABLE TAXES
INCLUDED)

- Required by: Johannesburg Water

- At: Johannesburg Water

Note: All delivery costs must be included in the bid price, for delivery at the prescribed destination.

** “all applicable taxes” includes value- added tax, pay as you earn, income tax, unemployment insurance fund
contributions and skills development levies.

Page 20 of 78
DECLARATION OF INTEREST MBD 4
7. Declaration of Interest MBD 4

1. No bid will be accepted from persons in the service of the state¹.

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 of bidder or his or her representative:……………………………………………..

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

3.3 Position occupied in the Company (director, trustee, hareholder²):………………………..

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

3.8.1 If yes, furnish particulars. ….……………………………………………………………

……………………………………………………………………………………………..

¹MSCM 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.

² Shareholder” 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.

Page 21 of 78
DECLARATION OF INTEREST MBD 4

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

3.9.1 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

3.10.1 If yes, furnish particulars.


………………………………………………………………………………
………………………………………………………………………………
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

3.11.1 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

3.12.1 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

3.13.1 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
business whether or not they are bidding for this contract. YES / NO

3.14.1 If yes, furnish particulars:


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

Page 22 of 78
DECLARATION OF INTEREST MBD 4

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

Full Name Identity Number State Employee Number

………………………………….. ……………………………………..
Signature Date

…………………………………. ………………………………………
Capacity Name of Bidder

Page 23 of 78
PREFERENCE POINTS CLAIM FORM IN TERMS OF THE MBD 6.1
PREFRENTIAL PROCUMENT REGULATIONS OF 2022

8. Declaration For Procurement Above R10 Million (VAT included) MBD 5

For all procurement expected to exceed R10 million (VAT included), bidders must complete the following
questionnaire:

*1 Are you by law required to prepare annual financial statements YES / NO


for auditing?

*In the event the Annual Financial Statements submitted with this tender
reflect that the tenderer is not required by law to have such statement
audited, Johannesburg Water reserves the discretion to interpret your
selection of “Yes” as a “No” and analyse it accordingly.

1.1 If yes, submit audited annual financial statements for the


past three years or since the date of establishment if
established during the past three years.
………………………………………………………………

………………………………………………………………

2. If the bidder is not required by law to prepare annual financial


statements for auditing, they shall be required to furnish
their Annual Financial Statements -

i.for the past three years , or


ii. since their establishment if established during the past
three years

3. Do you have any outstanding undisputed commitments for YES / NO


municipal services towards a municipality or any other
service provider in respect of which payment is overdue for
more than 30 days?

3.1 If no, this serves to certify that the bidder has no undisputed
commitments for municipal services towards a municipality or
other service provider in respect of which payment is overdue
for more than 30 days.

3.2 If yes, provide particulars.

………………………………………………………………

Page 24 of 78
PREFERENCE POINTS CLAIM FORM IN TERMS OF THE MBD 6.1
PREFRENTIAL PROCUMENT REGULATIONS OF 2022

4. Has any contract been awarded to you by an organ of state


during the past five years, including particulars of any
material non-compliance or dispute concerning the
execution of such contract?
4.1 If yes, furnish particulars

……………………………………………………

……………………………………………………

5. Will any portion of goods or services be sourced from outside


the Republic, and, if so, what portion and whether any portion YES / NO
of payment from the municipality / municipality entity is
expected to be transferred out of the Republic?

5.1If yes, furnish particulars

……………………………………………………..

……………………………………………………..

CERTIFICATION

I, THE UNDERSIGNED (NAME) ………………………………………………………………………

CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM IS CORRECT.

I ACCEPT THAT THE STATE MAY ACT AGAINST ME SHOULD THIS DECLARATION PROVE TO
BE FALSE.

………………………………….. ……………………………………………
Signature Date

…………………………………. …………………………………………………….
Position Name of Bidder

Page 25 of 78
PREFERENCE POINTS CLAIM FORM IN TERMS OF THE MBD 6.1
PREFRENTIAL PROCUMENT REGULATIONS OF 2022

9. Preference Points Claim Form in Terms of The Preferential Procurement Regulations 2022 -80/20

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).

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

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 80
SPECIFIC GOALS 20
Total points for Price and SPECIFIC 100
GOALS

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.

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
Page 26 of 78
PREFERENCE POINTS CLAIM FORM IN TERMS OF THE MBD 6.1
PREFRENTIAL PROCUMENT REGULATIONS OF 2022
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 PREFERENCE POINT SYSTEMS


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

80/20

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

4. POINTS AWARDED FOR SPECIFIC GOALS

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:

Page 27 of 78
PREFERENCE POINTS CLAIM FORM IN TERMS OF THE MBD 6.1
PREFRENTIAL PROCUMENT REGULATIONS OF 2022

Table 1: Specific goals for the tender and points claimed are indicated per the table below.
Note to tenderers: The tenderer must indicate how they claim points for each preference point system.)

Number of points Number of points claimed (80/20


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

Businesses located within the 5


boundaries of COJ municipality
Business owned by 51% or more-
5
Women

Business owned by 51% or more – 5


Black Youth
Business that are classified as 5
EME’s and owned by 51% or more
Black people.
TOTAL 20

5. DECLARATION WITH REGARD TO COMPANY/FIRM

5.1 Name of company/firm…………………………………………………………………….


5.2 Company registration number: …………………………………………………………...
5.3 TYPE OF COMPANY/ FIRM

 Partnership/Joint Venture / Consortium


 One-person business/sole propriety
 Close corporation
 Public Company
 Personal Liability Company
 (Pty) Limited
 Non-Profit Company
 State Owned Company
[TICK APPLICABLE BOX]

5.4 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
Page 28 of 78
PREFERENCE POINTS CLAIM FORM IN TERMS OF THE MBD 6.1
PREFRENTIAL PROCUMENT REGULATIONS OF 2022
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: ……………………………………………………………………..
……………………………………………………………………..
……………………………………………………………………..

……………………………………………………………………..

Page 29 of 78
DECLARATION OF BIDDERS’S PAST SUPPLY CHAIN MANAGEMENT MBD 8
PRACTISES

10. Declaration of bidder’s Past Supply Chain Management Practices MBD 8

1 This Municipal Bidding Document must form part of all bids invited.

2 It serves as a declaration to be used by municipalities and municipal entities in ensuring that when
goods and services are being procured, all reasonable steps are taken to combat the abuse of
the supply chain management system.

3 The bid of any bidder may be rejected if that bidder, or any of its directors have:

a. abused the municipality’s / municipal entity’s supply chain management system or committed
any improper conduct in relation to such system;
b. been convicted for fraud or corruption during the past five years;
c. willfully neglected, reneged on or failed to comply with any government, municipal or other
public sector contract during the past five years; or
d. been listed in the Register for Tender Defaulters in terms of section 29 of the Prevention and
Combating of Corrupt Activities Act (No 12 of 2004).

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

Item Question Yes No


4.1 Is the bidder or any of its directors listed on the National Treasury’s Yes No
Database of Restricted Suppliers as companies or persons prohibited
from doing business with the public sector?
(Companies or persons who are listed on this Database were informed

in writing of this restriction by the Accounting Officer/Authority of the

institution that imposed the restriction after the audi alteram partem rule

was applied).

The Database of Restricted Suppliers now resides on the National

Treasury’s website(www.treasury.gov.za) and can be accessed by

clicking on its link at the bottom of the home page.

4.1.1 If so, furnish particulars:

4.2 Is the bidder or any of its directors listed on the Register for Tender Defaulters in terms Yes No
of section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of
2004)?
The Register for Tender Defaulters can be accessed on the National Treasury’s
website (www.treasury.gov.za) by clicking on its link at the bottom of the home page.
4.2.1 If so, furnish particulars:

Page 30 of 78
DECLARATION OF BIDDERS’S PAST SUPPLY CHAIN MANAGEMENT MBD 8
PRACTISES
4.3 Was the bidder or any of its directors convicted by a court of law Yes No
(including a court of law outside the Republic of South Africa) for fraud or
corruption during the past five years?

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 Yes No
taxes or municipal charges to the municipality / municipal entity, or to
any other municipality / municipal entity, that is in arrears for more than
three months?
4.4.1 If so, furnish particulars:

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

Page 31 of 78
CERTIFICATE OF INDEPENDENT BID DETERMINATION MBD 9
11. Certificate of Independent Bid Determination MBD 9

1 This Municipal Bidding Document (MBD) must form part of all bids¹ invited.

2 Section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998, as amended, prohibits an agreement
between, or concerted practice by, firms, or a decision by an association of firms, if it is between parties
in a horizontal relationship and if it involves collusive bidding (or bid rigging).² Collusive bidding is a pe
se prohibition meaning that it cannot be justified under any grounds.
3 Municipal Supply Regulation 38 (1) prescribes that a supply chain management policy must provide
measures for the combating of abuse of the supply chain management system, and must enable the
accounting officer, among others, to:

a. take all reasonable steps to prevent such abuse;

b. reject the bid of any bidder if that bidder or any of its directors has abused the supply chain
management system of the municipality or municipal entity or has committed any improper
conduct in relation to such system; and

c. cancel a contract awarded to a person if the person committed any corrupt or fraudulent act
during the bidding process or the execution of the contract.

4 This MBD serves as a certificate of declaration that would be used by institutions to ensure that, when
bids are considered, reasonable steps are taken to prevent any form of bid-rigging.

5 In order to give effect to the above, the attached Certificate of Bid Determination (MBD 9) must be
completed and submitted with the bid:

¹ Includes price quotations, advertised competitive bids, limited bids and proposals.

² Bid rigging (or collusive bidding) occurs when businesses, that would otherwise be expected to compete,
secretly conspire to raise prices or lower the quality of goods and / or services for purchasers who wish to acquire
goods and / or services through a bidding process. Bid rigging is, therefore, an agreement between competitors
not to compete.

Page 32 of 78
CERTIFICATE OF INDEPENDENT BID DETERMINATION MBD 9

I, the undersigned, in submitting the accompanying bid:


________________________________________________________________________
(Bid Number and Description)

in response to the invitation for the bid made by:


______________________________________________________________________________
(Name of Municipality / Municipal Entity)

do hereby make the following statements that I certify to be true and complete in every respect:

I certify, on behalf of:_______________________________________________________that:


(Name of Bidder)

1. I have read and I understand the contents of this Certificate;

2. I understand that the accompanying bid will be disqualified if this Certificate is found not to be true and
complete in every respect;

3. I am authorized by the bidder to sign this Certificate, and to submit the accompanying bid, on behalf of
the bidder;

4. Each person whose signature appears on the accompanying bid has been authorized by the bidder to
determine the terms of, and to sign, the bid, on behalf of the bidder;

5. For the purposes of this Certificate and the accompanying bid, I understand that the word “competitor”
shall include any individual or organization, other than the bidder, whether or not affiliated with the bidder,
who:

(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
(c) provides the same goods and services as the bidder and/or is in the same line of business
as the bidder

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;
Page 33 of 78
CERTIFICATE OF INDEPENDENT BID DETERMINATION MBD 9

(e) the submission of a bid which does not meet the specifications and conditions of the bid;
or
(f) bidding with the intention not to win the bid.

8. In addition, there have been no consultations, communications, agreements or arrangements with any
competitor regarding the quality, quantity, specifications and conditions or delivery particulars of the
products or services to which this bid invitation relates.

9. The terms of the accompanying bid have not been, and will not be, disclosed by the bidder, directly or
indirectly, to any competitor, prior to the date and time of the official bid opening or of the awarding of
the contract.

³ Joint venture or Consortium means an association of persons for the purpose of combining their expertise,
property, capital, efforts, skill and knowledge in an activity for the execution of a contract.

10. I am aware that, in addition and without prejudice to any other remedy provided to combat any restrictive
practices related to bids and contracts, bids that are suspicious will be reported to the Competition
Commission for investigation and possible imposition of administrative penalties in terms of section 59
of the Competition Act No 89 of 1998 and or may be reported to the National Prosecuting Authority (NPA)
for criminal investigation and or may be restricted from conducting business with the public sector for a
period not exceeding ten (10) years in terms of the Prevention and Combating of Corrupt Activities Act
No 12 of 2004 or any other applicable legislation.

………………………………………………… …………………………………
Signature Date

…………………………………………………. …………………………………
Position Name of Bidder

Page 34 of 78
PROOF OF GOOD STANDING WITH REGARDS TO MUNICIPAL ACCOUNT
12. Proof of Good Standing With Regards to Municipal Account

The tenderer is to affix to this page:

• Proof that the tenderer and directors of the tenderer are not in arrears for more than 90 days with
municipal rates and taxes and municipal service charges. The latest municipal account is to be
attached;
• Signed copy of the valid lease agreement if the tenderer or director of the tenderer is currently
leasing premises and not responsible for paying municipal accounts

Note:

1. Should the municipal statement that was submitted with the tender document before tender closing date
and time be in arrears for more than 90 days at time of award, the tenderer will be requested to submit
the latest municipal statement which shows that the tenderer is not in arrears for more than 90 days. If
the statement at that time is in arrears for more than 90 days, the tenderer must submit before the
stipulated deadline, the written proof of an approved arrangement with the municipality.
2. The proof may be a copy of the agreement or an updated municipal statement which reflects the
arrangement.
3. Should this tender be considered for award of the contract, based on proof of submission and should
proof of such submission be found to be invalid, erroneous or inaccurate, the tenderer will no longer be
considered for the award of the contract.
4. Statement must not be older than 90 days from the closing date of this tender. Attach latest municipal
account statement behind this page.
5. In cases where the director of the tenderer resides with their spouse, parent, partner or sibling the owner
of the property that confirm where the director of the tenderer resides must submit an affidavit stating
such and explaining the relationship. This would happen in the case where the submitted municipal
statement or lease agreement is not in the name of the director of the tenderer. Note 1 will be applicable.
6. In cases where the business address of the tenderer is also the official residence of the director of the
tenderer, the director of the tenderer must submit an affidavit stating such. Proof that the municipal
statement is not in arrears for more than 90 days or a valid lease agreement must be submitted. Note 1
will be applicable.

Page 35 of 78
RECORD OF ADDENDA

13. Record of Addenda

We confirm that the following communications received from the employer before the submission of this tender
offer, amending the tender documents, have been taken into account in this tender offer.
Communications regarding the revision of this tender document can also be viewed on the following website:
www.johannesburgwater.co.za/supply chain/tenders.

Note: Tenderers are to check the JW website at least seven (7) days before the tender closing
date and time for any communication in regard to the tender.

DATE TITLE OR DETAILS

1.

2.

3.

4.

5.

6.

SIGNATURE(S)OF AUTHORIZED PERSON: ………………………………………………………….


NAME AND SURNAME ……………………………………………………………………………………….
DATE: ....................................

Page 36 of 78
SCOPE OF WORK

14. Scope of Work

1. SCOPE OF WORK, SPECIFICATION.

The successful tenderer will be required to conduct field investigations and enforce the city’s water services
by-laws to address illegal water connections across the City.

5.1. Scope

ITE DESCRIPTION
M
NO.
The Contractor shall perform field investigations of water metering devices (conventional and
1 prepaid) outlined on an electronic list is to be provided by JW with all relevant detail pertaining to the
stands that are identified for investigations.
All investigations must be managed and administered using Handheld devices a backend
2
Information System to manage the data
The Contractor shall be responsible to manage the project. This includes statistical reporting to JW
3
as per the requirements of the user department.
The total number of stands to be investigated shall be specified by JW. The number of stands to be
investigated may be reasonably increased or reduced by JW to the Contractor. All stands shall be
4
scheduled for investigations as and when required by JW, specified in writing by JW seven (7) days
in advance to allow for planning.
The Contractor shall perform the field investigations on any stand with any type of water reticulation
5 infrastructure within the boundaries of CoJ region. These include but are not limited to, plots,
developers, residential, businesses, schools, recreational centres etc.
The contractor will be expected to fill out and issue a Compliance Notice to the offending consumer
6
should an illegal water connection be identified.
The contactor must have the capacity and ability to verify metering devices manufacturing approval
7
status (i.e., metering device to meet the Legal Metrology Act No. 9 of 2014).
The contractor must be able to temporarily restore water in an event whereby the meter goes into
8
tamper lock mode because of the investigative handling.
The contractor is expected to confiscate any illegal water metering devices or enablers and deliver
9
them for safekeeping at a depot to be allocated by JW.
The contractor may be required to do mild excavations and restorations to make a conclusive
10
finding.
JW will not be providing office space for Contractors’ data capturers. Captured and validated data
11 will be expected to be sent to JW’s user department as per the avenue specified by JW.
JW may, on an ad hoc basis, request for a special priority investigation to be conducted by the
12 Contractor. These will need to be expedited and finalised within 2 days of receipt, as they are
normally originating from the office of Executive and above.
13 Total estimated number of stands to be investigated for potential illegal water connections is 90 000.

Page 37 of 78
SCOPE OF WORK
DESCRIPTION
Reporting and compiling of statistics by the Contractor shall be provided in a format specified by JW and
submitted to JW via an email address specified by JW.

5.2 Specification of Device and Management Information System Thereof:

1. Device
Physical and connectivity attributes of Capturing Devices

· Hand-held device with the necessary connectivity attributes be able to capture


field inputs and remotely transmit to the MIS platform
2. Management Information System (MIS)
Software
· Able to receive and process transmitted data from the handheld devices
· Able to re-produce source documents (job card, compliance notices etc…) used
during the investigation in an electronic format
· Able to output detailed statistical reports (Ms Excel format) that includes at least
the attributes outlined on the Table 1 below

Table 1 (Desired report attributes/ illustration)


ATTRIBUTE EXAMPLE SOURCE
1 SGID T0IR0487000000000320000100 JW to provide
2 Functional Location 1049270 JW to provide
3 TOWNSHIP/SURBURB Oaklands JW to provide
4 GPS Coordinate 30.5595° S, 22.9375° E MIS/Handheld device to compute
Illegal connection Confirmed
Meter Fault
5 FINDING Investigator to provide
Meter OK
Unable To Gain Access
6 ACTION TAKEN Compliance Notice Served Investigator to provide
7 METER NO JKT12565 Investigator to provide
Conventional
8 METER TYPE Investigator to provide
Prepaid
9 METER READING 5568 Investigator to provide
10 DATE 2018-08-08 MIS/Handheld device to compute
11 TIME 12:56 PM MIS/Handheld device to compute
12 DEVICE PICTURE1 < 1 Mb (in size) MIS/Handheld device to account
13 DEVICE PICTURE2 < 1 Mb (in size) MIS/Handheld device to account
14 DEVICE PICTURE3 < 1 Mb (in size) MIS/Handheld device to account
COMPLIANCE NOTCE
15 PICTURE < 2 Mb (in size) MIS/Handheld device to account
NAME/SAP NO OF
16 INVESTIGATOR JW42328 MIS/Handheld device to account
consumer claims that there is a legal
17 Comment/Notes Investigator to provide
process pending

Page 38 of 78
SCOPE OF WORK
Estimated quantities:

An estimated number of 36 000 stands will be allocated to region 1 there will be further divided into 12000
per year. 54000 stands will be allocated to region 2 which will be 18000 per year. It must be noted that these
are estimated quantities, and the required number stands investigation may increase or decrease.

ESTIMATE
QUANTITY OVER
MAIN SUB DURATION OF
REGIONS REGIONS TOWNSHIPS CONTRACT
A The former regions have been combined into one (such as 36 000
Diepsloot, Midrand, Fourways, Sunninghill, Woodmead).
B Includes whole of the former Region 4, excluding Ward 70
Region 1 (such as Florida), including Wards 90, 102 & 104 (such as
Rosebank, Bryanston, Randburg).
C This includes Wards 44, 49, 50, 70 and 84 (such as Bram
Fischerville, Thulani, Florida).

D Soweto only. 54 000


E Includes all of the former Region 3, excluding Wards 90, 102
and 104 (such as Rosebank, Bryanston, Randburg). Includes
Wards 73, 74, 91, 103 and 106 (such as Parkwood,
Highlands North, Alexandra, Wynberg, Morningside,
Douglasdale).
F Includes whole of former Region 8 and includes Wards 23,
54, 57, 65 and 66 (such as Glenvista, Ormonde, City Deep,
Region 2
Benrose, Kensington).
G Includes the former Region 11 plus Ward 10 (Lenasia),
Wards 17 and 18 (Eldorado Park) and Protea.

Page 39 of 78
EVALUATION

15. Evaluation

The tender will be evaluated and adjudicated in terms of the Municipal Finance Management Act (MFMA), Preferential Procurement
Policy Framework Act, 2000, relevant Supply Chain Management Policy of Johannesburg Water (JW) and applicable Regulations.

Summary of Evaluation Stages:

STAGE 1: STAGE 2: STAGE 3: STAGE 4:


MANDATORY ADMINISTRATIVE EVALUATION FUNCTIONAL EVALUATION PREFERENCE EVALUATION
EVALUATION

Tenderer to submit all These are the applicable Municipal Tenderers are required to The tender will be evaluated on the 80/20
mandatory requirements Bidding Documents (MBD) that the achieve a minimum qualifying preference points system according to the
under this Stage. tenderer’s duly authorized score as stated in the tender award strategy. The Specific Goals for the
These are criterion scored representative must fully complete and document to proceed to next tender will be stated in MBD 6.1. In MBD
as ‘pass/fail’ or ‘yes/no’ sign and provide administrative stage. Tenderers are required 6.1, the tenderer must indicate how many
during the evaluation documents such as director’s and to submit the required points they are claiming for each Specific
process. company’s municipal statement or valid documentary evidence which Goal and must submit all the required
A “fail” or “no” will lead to lease agreements which must be valid will clearly enable the bid supporting documentation for the points to
the tenderer being and submitted before tender award. evaluation committee to be verified and awarded by JW. The BEC
disqualified and may not be Should the MBD authority to sign and evaluate as per criteria will evaluate the submitted supporting
considered for further other administrative documents not be requirements. Tenderers are documentation and confirm Specific Goal
evaluation or award. submitted or be incomplete, the encouraged to complete the points claimed by the tenderer. Specific
tenderer will be given three (3) days to provided forms in full and not to goals to be allocated by the BEC will
submit or complete them after receiving write “See attached or Refer to depend on verification documentation
a request in writing from JW, should the another part of the tender submitted.
tenderer not comply with requirement, submission” where information Only tenderers that have completed and
the tenderer may be disqualified, and is provided. signed MBD6.1 and submitted applicable
may will be considered for award. verification documents will be allocated
Specific Goal points claimed for
preferencing.

Page 40 of 78
EVALUATION

1. Stage 1: Mandatory Evaluation Criteria:


EVALUATION CRITERIA: (GATE KEEPERS)
COMPLY
# CRITERIA DOCUMENTARY EVIDENCE
(YES/NO)
No 1 Tender briefing meeting. YES
Signed and completed Pricing Schedule as per award and or
No 2 YES
allocation strategy.

NB: Bidders that fail to comply with the above mandatory requirement may not be considered further
for evaluation.

2. Stage 2: Administrative Evaluation Criteria:

NO. REFERENCE TO DESCRIPTION REQUIREMENT


TENDER
DOCUMENT
1. Annexure Certificate of Authority or Board Complete and signed
Resolution Letter granting authority to
sign
2. MBD 1 Invitation to Bid Form Completed and signed
MBD 1 Form.
3. CSD Central Supplier Database Provide proof of CSD
Registration registration. Complete
MAAA number on cover
page or copy of CSD
report.
4 MBD 3.1 Pricing Schedule – Firm Prices Completed MBD 3.1
(Purchases) Form.
5. MBD 4 Declaration of Interest Completed and signed
MBD 4 Form.
6. MBD 5 Declaration of Procurement Above Completed and signed
R10m (All Applicable Taxes Included) MBD 5 Form.
7. MBD 6.1 Preference Points Claim in Terms of Completed and signed
The Preferential Procurement MBD 6.1 Form.
Regulations 2022
8. MBD 8 Declaration of Bidder’s Past Supply Completed and signed
Chain Management Practices MBD 8 Form.
9. MBD 9. Certificate of Independent Bid Completed and signed
Determination MBD 9 Form.
10. Annexure – Proof of Refer to documents listed in 4.3 Submit applicable
Specific Goals verification documents to be submitted documentation with the
with the tender document tender submission – If
not submitted with the
tender document points
for Specific Goals won’t
be allocated.
11. Annexure Municipal Rates and Taxes for the Submit applicable
Tenderer - Current municipal rates for documentation with the
the entity not in arrears by more than tender submission
90 days. If leasing/renting, submitted

Page 41 of 78
EVALUATION
copy of valid lease agreement where
premises are rented OR
Confirmation that suitable
arrangements are in place for arrear
municipal obligations with your local
municipality OR
Current municipal rates which is not
older than 90 days or valid lease
agreement with affidavit from owner of
property in cases stated in Proof of
Good Standing with regards to
Municipal Accounts document
12. Annexure Municipal Rates and Taxes - Current Submit applicable
municipal rates for the directors of the documentation with the
entity not in arrears by than 90 days. If tender submission
leasing/renting, submitted copy of valid
lease agreement where premises are
rented OR
Confirmation that suitable
arrangements are in place for arrear
municipal obligations with your local
municipality OR
Current municipal rates which is not
older than 90 days or valid lease
agreement with affidavit from owner of
property in cases stated in Proof of
Good Standing with regards to
Municipal Accounts document.
13. Annexure Joint Venture, Consortium, or Joint Venture,
equivalent agreement– if applicable. Consortium, or
equivalent agreement
signed showing
percentage ownership of
parties – if applicable.

Tenderers will be notified of any omitted, outstanding, missing and or incomplete administrative
documents and will be offered a period of 3 days to complete or submit those pages i.e., Municipal
Bidding Documents (MBD), authority to sign and other administrative documents that require
completion and signatures. These exclude documentation on functionality, price and preference
points for specific goals.

Tenders that are received contrary to the above requirements will be disqualified after three (3) days
period has lapsed.

If locality is a specific goal in MBD6.1 – the requested documentation may not be used to allocate
points for specific goals.

Page 42 of 78
EVALUATION

3.Stage 3 Functionality Evaluation Criteria:


The total Weighting is 100 and the Minimum Qualifying Score is 70

The following aspects will be considered during the functional evaluation:

CRITERIA CRITERIA EVIDENCE SUB-CRITERIA/CLAUSE WEIGHTIN SCORE


NO # G

1. Tenderer to have The tenderer must provide contactable Number of projects/ services rendered
experience and reference letters from their clients to whom in illegal water connections
required capacity in application support or implementation was investigation with a minimum of 15 000
carrying out illegal successfully executed. stands/meters from two (2) or more
water connections references
investigations NB: The attached template must be completed No submission / submitted unrelated
by the referee and included in the tender evidence / service rendered to less than 0
submission. Alternatively, the client’s one (1) client.
letterhead may be used for this purpose Service rendered to One (1) client but less
provided it complies with the functional criteria than two (2) clients where a total combined
requirements. A separate form must be minimum of 15 000 stands/metres have
completed for each reference as required in the been investigated/audited for illegal 10
evaluation criteria. Information provided will be connections. 40
verified and if found to be false or
misrepresented, punitive measures will be
Service rendered to Two (2) but less than
instituted against the respective party including
three (3) clients where a total combined
blacklisting and restriction from participating in
minimum of 15 000 stands/metres have
any future government tender 28
been investigated/audited for illegal
connections.

Service rendered to Three (3) or more


clients where a total combined minimum of
40
15 000 stands/metres have been
investigated for illegal connections.

Page 43 of 78
EVALUATION
2. Experience and The tenderer must submit CV template YEARS’ EXPERIENCE OF THE
Qualifications of detailing years’ experience. PROJECT MANAGER IN PROJECT
key Personnel - MANAGEMENT AND COPY OF
Project Manager 1x Project Manager QUALIFICATIONS
CV to be submitted detailing experience in No CV’s and / or years’ experience in 0
project management and copy of qualifications project management for project manager.
(NQF Level 7) in Built Environment or higher. CV’s with 2 or more years’ Project 14
Management experience but less than 3
years’ for Project Manager. 20
CV’s with 3 or more years’ Project 17
Management experience but less than 5
years for Project Manager
CV’s with 5 or more years’ Project 20
Management experience for Project
Manager.

3. Experience and The tenderer must submit CV template YEARS’ EXPERIENCE OF EACH
Qualifications of detailing years’ experience. SYSTEM ADMINISTRATOR AND COPY
key Personnel - 2x OF QUALIFICATIONS
System 2x system Administrators No CV’s and / or years’ experience 0
Administrator CV to be submitted detailing at least 2-years’ CV’s with 2 or more years’ experience but 14
experience and copy of qualifications (NQF less than 3 years’ experience in data
Level 6) in Information Systems or similar administration for each for each the two (2)
system administrators.
20
CV’s with 3 or more years’ experience but 17
less than 5 years’ experience in data
administration for each of the two (2)
system administrators.
CV’s with 5 or more years’ experience in 20
data administration for each of the two (2)
system administrators.

Page 44 of 78
EVALUATION
4. Experience and The tenderer must submit CV template YEARS’ EXPERIENCE OF THE
Qualifications of key detailing years’ experience. PROJECT MANAGER AND COPY OF
Personnel - 5x QUALIFICATIONS
Investigators 5x Investigators No CV’s and / or minimum experience in 0
CV to be submitted detailing years experience Illegal connection/meter auditing.
in Illegal connection/meter auditing and copy of CV with 2 or more years’ experience but 14
Grade 12/Matric (NQF Level 4) or Higher. less than 3 years’ experience in Illegal
connection/meter auditing for each
professional nurse provided. 20
CV with 3 or more years’ experience but 17
less than 5 years’ experience in Illegal
connection/meter auditing for each
professional nurse provided.
CV’s with 5 or more years’ experience in 20
Illegal connection/meter auditing for each of
the 5 investigators.

MINIMUM QUALIFYING SCORE 70


TOTAL 100

Page 45 of 78
EVALUATION

Note: It is the Tenderer’s responsibility to ensure that the Contactable Reference is


contactable. A reference check with the Tenderer’s reference will be done for the Tenderers
that have scored the minimum qualifying score. The Contactable Reference will have 5
working days from time of request by Johannesburg Water to confirm, in writing, the
information on the Contactable Reference letter. Failure to confirm the reference by the
Tenderer’s reference contact within the stipulated time will result in the points for contactable
reference not being allocated to the Tenderer. Tenderer must at least score in all categories
and meet the minimum qualifying score to progress to the next stage

Note: Please note that the Tenderer must meet the total minimum qualifying score of 70
points to progress to the next stage.
4. Stage 4 Price and Preference Points Evaluation:

4.1 Pricing

The following aspects will be considered in the financial offer:

a) Costing for all items as described in the Pricing Schedule and applicable Strategies
Review of financial offer and discrepancies between total and calculations.

b) Identify any parameters that may have a bearing on the financial offer, e.g., contract
period, price escalations or adjustments required and life cycle costs.

c) The tender will be evaluated on the 80/20 preference system.

Refer to Pricing Schedule to complete the pricing.

4.2 The maximum preference points for this bid are allocated as follows:

POINTS
PRICE 80
SPECIFIC GOALS 20
TOTAL POINTS FOR PRICE AND SPECIFIC GOALS 100

Specific Goals

In terms of Regulation 4(2); 5(2); 6(2) and 7(2) of the Preferential Procurement Regulations
2022, 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.

Page 46 of 78
EVALUATION
Specific goals may include contracting with persons, or categories of persons, historically
disadvantaged by unfair discrimination on the basis of race, gender or disability.

Race:
I. Ownership by black people

II. Black Designated Group:

Ownership by black people that are unemployed


Ownership by black people who are youth
Ownership by black people living in rural or underdeveloped areas or townships
Ownership by black people with disabilities
Ownership by black people who are military veterans
Cooperative owned by black people

Gender:
III. Persons, or categories of persons, historically disadvantaged by unfair discrimination
on the basis of gender are women. Ownership by persons that are classified as female
or women according to the Department of Home Affairs of South African.

Disability:
IV. Persons, or categories of persons, historically disadvantaged by unfair discrimination
on the basis of disability are disabled persons.

Reconstruction and Development Programme (RDP) objectives as published in Government


Gazette No. 16085 dated 23 November 1994 i.e.,

Local Manufacture:
I. Promotion of procurement of locally manufactured goods in South Africa to promote
job creation in light of the high unemployment rate in South Africa which has a greater
impact previously disadvantaged individuals and black youth.

Locality:
I. Promotion of procurement from local business in the geographical areas that JW
operate in. This is also directed at creating employment in the areas JW operate in.
The BSC may allocate points as follows:
• Promotion of enterprises located in the Gauteng Province
• Promotion of enterprises located in a specific region within COJ (the 7
regions. A to G)
• Promotion of enterprises located in the City of Johannesburg municipality
• Promotion of enterprises located rural or underdeveloped areas or townships.
QSE

I. Promotion of procurement from QSE’s that are black owned.

Page 47 of 78
EVALUATION
EME:

I. Promotion of procurement from EME’s that are black own.

SUB-CONTRACTING:
Promotion of sub-contracting to a company owned by Historically Disadvantaged Individuals
(HDI) individuals.

JOINT VENTURE, CONSORTIUM OR EQUIVALENT:

For Joint Venture Agreements, Consortiums or equivalent, the agreement must show
percentages of ownership and work to be completed by each party. This agreement must
form part of the tender submission.

To determine the Joint Venture, Consortium or equivalent score for specific goals, JW will look
at the consolidated BBBEE certificate to determine the points for specific goals that will be
awarded to the tenderer. If a consolidated BBBEE certificate is not submitted, the parties to
the joint venture, consortium or equivalent must submit their individual BBBEE certificates
issued by a SANAS accredited verification agency or the documents listed below on 4.4 and
the joint venture, consortium or equivalent agreement in order for JW to determine the
proportional points for specific goals.

Documentation to be provided:
• JV, Consortium, or equivalent agreement
• Consolidated BBBEE certificate issued by an SANAS accredited verification agency.
Certificate must be valid
• JV, Consortium, or equivalent agreement to contain percentage ownership which will
be used to determine the proportional points for specific goals.

Table Specific Goals 1:

Number of points
The specific goals allocated points in terms of this
allocated
tender
(80/20 system)
Businesses located within the boundaries of COJ municipality 5
Business owned by 51% or more-Women.
5

Business owned by 51% or more- Black Youth 5


Business that are classified as EME’s and owned by 51% or 5
more Black people.
Total 20

Page 48 of 78
EVALUATION
4.3 The following verification documents must be submitted with the tender document:

SPECIFIC GOALS – ANY ONE OR A MEANS OF VERIFICATION THAT MAY BE SELECTED OR


COMBINATION OF ANY A COMBINATION THEREOF
Business owned by 51% or more – • Valid BBBEE Certificate issued by SANAS accredited
Black Youth verification agency or Affidavit sworn under oath.

Business owned by 51% or more- • Valid BBBEE Certificate issued by SANAS accredited
Women verification agency or DTI/CIPC BBBEE Certificate for
Exempted Micro Enterprises or Affidavit sworn under
oath, OR
• CIPC registration document showing percentage of
ownership and share certificate where applicable
Businesses located within the boundaries • Proof of municipal account / valid lease agreement, letter
of a region in COJ, COJ municipality or in from the Ward Council confirming the business address.
Gauteng province
SMME (An EME or QSE) owned by • Valid BBBEE Certificate issued by SANAS accredited
51% or more - Black People verification agency or DTI /CIPC BBBEE Certificate for
Exempted Micro Enterprises or Affidavit sworn under
oath.

4.4 The following are the requirements for the Sworn Affidavit it terms of the BBBEE Sector Codes of
Good Practise:

Affidavit Prescribed Formats Category Financial Threshold


Generic Enterprises
BO QSE Between R10m and R50m
BO EME Less than R10m
Sector Specific Enterprises
BO QSE Between R10m and R50m
BO EME Less than R10m
Construction Sector Code
EME Contractor Less than R3m
BO EME BEP Less than R1.8m
Financial Sector Code
BO QSE Between R10m and R50m
BO EME Less than R10m
Information Communication Technology Sector Code (ICT)
BO QSE Between R10m and R50m
BO EME Less than R10m
Marketing, Advertising & Communication Sector Code (MAC)
> Public Relations BO QSE Between R5m and R10m
> Marketing, Advertising & BO EME Less than R5m
Communications
Property Sector Code
> Service-based BO QSE Between R5m and R10m
EME Less than R5m
> Agency-based BO QSE Between R2.5m and R35m

> Asset-based EME Less than R2.5m


BO QSE Between R80m and R400m
Tourism Sector Code
Page 49 of 78
EVALUATION
BO QSE Between R5m and R45m
BO EME Less than R5m
Specialised Enterprises
BO QSE Between R10m and R50m
BO EME Less than R10m

4.5 Requirements for a valid BBBEE Certificate

a) Copy of a certified valid BBBEE certificate (Only Valid BBBEE certificate must be accredited by SANAS)
or valid Sworn Affidavit issued by the DTIC or the CIPC or in a similar format complying with
commissioner of oath Act.
b) Bidders who do NOT qualify as EME’s and QSE’s as outlined in 4.4, must submit B-BBEE verification
certificates that are issued by an Agency accredited by SANAS.
c) Bidders who fail to submit a certified copy of their valid B-BBEE certificate or valid sworn affidavit or valid
DTI / CIPC B-BBEE certificate will score zero points for specific goals.

Valid Sworn Affidavits or certified copies of B-BBEE Certificate must comply with the requirements
outlined in the Justices of the Peace and Commissioners of Oaths Act, no 16 of 1963 and its Regulations
promulgated in Government Notice GNR 1258 of 21 July 1972 Justices of the Peace and Commissioners
of Oaths Act, No. 16 of 1963. i.e.
(i) The deponent shall sign the declaration in the presence of the commissioner of oaths (COA).
(ii) Below the deponent’s signature the COA shall certify that the deponent has acknowledged that
he knows and understands the contents of the declaration and the COA shall state the manner,
place, and date of taking the declaration.
(iii) The COA shall sign the declaration and print his full name and business address below his
signature; and state his designation and the area for which he holds his appointment, or the office
held by him if he holds his appointment ex officio.
(iv) Copy of certified copies will not be accepted.

N.B. A tenderer failing to submit proof of specific goals claimed as per 4.3 will not be disqualified but will be
allocated zero points for specific goals and will be allocated points for pricing.

4.6 Award and Allocation Strategy:

AWARD STRATEGY Award to one or more Tenderers based on the highest preference
ranking Tenderer per region based on price and specific goals, and
objective criteria.

Please refer to allocation strategy for objective criteria.

ALLOCATION STRATEGY Objective Criteria for the tender: Risk management capacity,
constraints, creating opportunities for more suppliers in the market
(competition), cost effectiveness.

Allocate to the highest preference ranking Tenderer per region based


on price and specific goals, in terms of price and specific goals, and
objective criteria.

Tenderer is to indicate their preferred region by indicating 1 for first


preference or 2 for second preference.

Page 50 of 78
EVALUATION
Should Tenderer be the highest-ranking Tenderer for more than one
(1) regions, the Objective Criteria will be applicable, and the Tenderer
will be allocated their first preference region. In that case,
Johannesburg Water will therefore reserve the right to allocate a region
to a Tenderer that is not the highest ranked Tenderer in terms of price
and specific goals in order to satisfy the Objective Criteria.

To ensure value for money / cost effectiveness, Johannesburg Water


will negotiate rates with service provider/s that are recommended for
award and allocation and were not the highest ranking Tenderer for the
region, for market related rates and reserve the right to standardize the
rates using Johannesburg Water’s Benchmarked rates as a guide to
determine cost effectiveness. Should agreement not be reached with
the Tenderer in an attempt to satisfy the Objective Criteria,
Johannesburg Water reserves the right to negotiate with and allocate
a region to a Tenderer that has already been allocated a region.
In the event that more than one (1) Tenderer has been allocated a
region and a Tenderer is unable to perform due to increased demand
or whatever reason, Johannesburg Water reserves the right to allocate
that demand to a Tenderer that has already been allocated a region
and had tendered for the region in question.

Page 51 of 78
PRICING INSTRUCTIONS

16. Pricing Instructions

General Pricing Instructions:

a) All price(s) shall exclude Value Added Tax at the standard rate as gazetted from time to time by the
Minister of Finance in terms of the Value Added Tax Act 89 of 1991 as amended. VAT will be shown
separately on the Pricing Schedule/s and included in the total.
b) All price(s) tendered shall include the cost of all insurances, services, labour, equipment, materials, etc.
and be the net price after all unconditional discounts and settlement discount have been deducted. The
net price/s shall be without any extra or additional charges to JW whatsoever.
c) A firm price tender will be required for the duration of the contract, for tender evaluation and budgeting
purposes.
d) Should the contract be based on firm prices, no adjustment of prices will be made for the duration of
the contract.
e) Should the contract be based on non-firm prices, price adjustment request including supporting
documentation must be sent to JW at least 30 days before agreed adjustment interval. The agreed
formula in the Pricing Adjustment formula will form the basis of the negotiation.
f) Unconditional discounts will be taken into account for evaluation purposes but conditional discounts will
not be taken into account for evaluation purposes.
g) Estimated quantities provided in the Scope of Work are purely for evaluation purposes only and does
not provide any indication of the required quantities of product/s for the duration of the contract by JW
and does not provide any guarantee to the contractor whatsoever in terms of quantities required.
Pricing for any additional work that may arise on the project, outside of the defined Scope of Works,
will be as per price in the pricing schedule of additional work, but written approval will still be required
before any additional work is carried out by the Contractor.
h) All pricing quoted in the Pricing Schedule/s shall be in South African Rand (ZAR) and rounded off to two
decimals.
i) The Pricing Schedule has to be completed in black ink and the Tenderer is referred to the
Acknowledgement of Bid Conditions in regard to arithmetical errors and alterations, and the handling
thereof.
j) Time based fees shall be calculated by multiplying the provided unit cost rate with the actual time spent
by the applicable personnel in rendering the service required by the Employer.
k) Lump sum prices or rates shall not be adjustable with regard to changes in the law for the duration of the
Contract Period of Performance.
l) The Service Provider shall pay all taxes, duties, fees, levies and other impositions without separate
reimbursement by the Employer.
m) All activities or tasks shall be invoiced on a monthly basis, based on work successfully completed and
accepted by the Employer.
n) Any changes to the pricing schedule on the issued tender document will result in elimination, the Tenderer
can however indicate in the qualifications any alternatives that they might want to offer.
o) Pricing in full for rates-based rates contract, the tenderer must price for year 1, year 2 and year 3.

Alterations
The evaluation on price alteration will be conducted as follows:

Where the tender award strategy is to evaluate and award per item or category, the following must apply:

(i) If there is an alteration on the rate but no alteration on the total for the item or category,
the bidder will not be disqualified
(ii) If there is an alteration on the total for the item/s without authentication, bidders will
only be disqualified for alteration per item or category.

Where the tender award strategy is to evaluate and award total bid offer, the following must apply:

Page 52 of 78
PRICING INSTRUCTIONS
(i) If there is an alteration on the rate, total for the line item, sub-total/ sum brought/carried
forward for the section but no alteration on the total bid offer, the bidder will not be
disqualified.
(ii) If there is an alteration on the total bid offer on form of offer then the amount in words
must be considered or vice-versa.
(iii) If there is an unauthenticated alteration on the total bid offer and the amount in words
is not authenticated, the bidders will be disqualified for the entire tender.

Where the tender pricing schedule or bill of quantities is requesting rates/price from bidder/s
without providing a total, the following will apply:

(i) If there is an unauthenticated alteration on the unit rate/price the bidder must be disqualified.

Page 53 of 78
PRICING SCHEDULE
17. Pricing Schedule

The Tenderer (Company) must indicate the region which they will be willing to render the services to by indicating
the preferred region in terms of ranking from 1-2 below: Item.

MAIN SUB PREFERRED


REGIONS REGIONS TOWNSHIPS REGION RANKING
A The former regions have been combined into one
(such as Diepsloot, Midrand, Fourways, Sunninghill,
Woodmead).
B Includes whole of the former Region 4, excluding
Region 1
Ward 70 (such as Florida), including Wards 90, 102
& 104 (such as Rosebank, Bryanston, Randburg).
C This includes Wards 44, 49, 50, 70 and 84 (such as
Bram Fischerville, Thulani, Florida).
D Soweto only.
E Includes all of the former Region 3, excluding Wards
90, 102 and 104 (such as Rosebank, Bryanston,
Randburg). Includes Wards 73, 74, 91, 103 and 106
(such as Parkwood, Highlands North, Alexandra,
Wynberg, Morningside, Douglasdale).
F Includes whole of former Region 8 and includes
Wards 23, 54, 57, 65 and 66 (such as Glenvista,
Region 2 Ormonde, City Deep, Benrose, Kensington).
G Includes the former Region 11 plus Ward 10
(Lenasia), Wards 17 and 18 (Eldorado Park) and
Protea.

Tender prices must include all transport, Labour, reporting and any equipment required.

The contract that will be entered into with the service provider is a rates-based contract and will be a
rate per unit. The estimated quantities are estimated and are not guaranteed to the Tenderer. The
estimated quantities multiplied by rates offered will assist Johannesburg Water determine preference
ranking. The rates that will be contracted are all inclusive.

UOM is per illegal water connection investigations / auditing.


Table 1. Financial Year 1

ITEM DESCRIPTION QUANTITY RATE PER UNIT TOTAL ESTIMATED VALUE


FOR PREFERRENCING
Illegal Water Connection 12000
investigations/auditing
TOTAL (excl. VAT)
Value Added Tax (15%)
TOTAL (Incl. VAT)

Page 54 of 78
PRICING SCHEDULE
Table 2. Financial Year 2

ITEM DESCRIPTION QUANTITY RATE PER UNIT TOTAL ESTIMATED VALUE


FOR PREFERRENCING
Illegal Water Connection 12000
investigations/auditing
TOTAL (excl. VAT)
Value Added Tax (15%)
TOTAL (Incl. VAT)

Table 3. Financial Year 3

ITEM DESCRIPTION QUANTITY RATE PER UNIT TOTAL ESTIMATED VALUE


FOR PREFERRENCING
Illegal Water Connection 12000
investigations/auditing
TOTAL (excl. VAT)
Value Added Tax (15%)
TOTAL (Incl. VAT)

REGION 2:

Table 1. Financial Year 1


ITEM DESCRIPTION QUANTITY RATE PER UNIT TOTAL ESTIMATED VALUE
FOR PREFERRENCING
Illegal Water Connection 18000
investigations/auditing
TOTAL (excl. VAT)
Value Added Tax (15%)
TOTAL (Incl. VAT)

Table 2. Financial Year 2

ITEM DESCRIPTION QUANTITY RATE PER UNIT TOTAL ESTIMATED VALUE


FOR PREFERRENCING
Illegal Water Connection 18000
investigations/auditing
TOTAL (excl. VAT)
Value Added Tax (15%)
TOTAL (Incl. VAT)

Table 3. Financial Year 3


ITEM DESCRIPTION QUANTITY RATE PER UNIT TOTAL ESTIMATED VALUE
FOR PREFERRENCING
Illegal Water Connection 18000
investigations/auditing
TOTAL (excl. VAT)
Value Added Tax (15%)
TOTAL (Incl. VAT)
Page 55 of 78
PRICING SCHEDULE

COMBINED TOTAL
ESTIMATED VALUE FOR
MAIN SUB PREFERRENCING
REGIONS REGIONS TOWNSHIPS INCLUDING VAT
A The former regions have been combined
into one (such as Diepsloot, Midrand,
Fourways, Sunninghill, Woodmead).
B Includes whole of the former Region 4,
excluding Ward 70 (such as Florida),
Region 1
including Wards 90, 102 & 104 (such as
Rosebank, Bryanston, Randburg).
C This includes Wards 44, 49, 50, 70 and
84 (such as Bram Fischerville, Thulani,
Florida).
D Soweto only.
E Includes all of the former Region 3,
excluding Wards 90, 102 and 104 (such
as Rosebank, Bryanston, Randburg).
Includes Wards 73, 74, 91, 103 and 106
(such as Parkwood, Highlands North,
Alexandra, Wynberg, Morningside,
Douglasdale).
Region 2 F Includes whole of former Region 8 and
includes Wards 23, 54, 57, 65 and 66
(such as Glenvista, Ormonde, City Deep,
Benrose, Kensington).
G Includes the former Region 11 plus Ward
10 (Lenasia), Wards 17 and 18 (Eldorado
Park) and Protea.

Page 56 of 78
CONTACTABLE REFERENCE LETTER

18. Contactable Reference Letter

To Johannesburg Water (SOC) Ltd

I, the undersigned being duly authorized to do so, hereby furnish a reference to Johannesburg Water relative
to the tender APPOINTMENT OF CONTRACTOR THAT WILL CONDUCT FIELD INVESTIGATIONS AND
ENFORCE THE CITY’S WATER SERVICES BY-LAWS TO ADDRESS ILLEGAL WATER CONNECTIONS
ACROSS COJ ON AN AS-AND-WHEN BASIS FOR A PERIOD OF THIRTY-SIX (36) MONTHS.

Name of tenderer: ………………………………………………………………………………….

Description of Services provided in relation to scope of work or technical criteria.

………………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………………
………………………………………………………………………………
Number/Quantity in stands/meters undertaken…………………………………………………….

Was their performance satisfactory? Yes / No*

Signature: …………………………..……… Date: ………………………..………………………

Telephone: …………………………………. Email: ……………………………………………….

Name of Client Company ……………………………………………………………………………


Name of Reference Completing this Letter………………………………………………………

NB: This document must be completed by the referee and included in the tender submission. Alternatively, the
client’s letterhead may be used for this purpose provided it complies with the above requirements. A separate
form must be completed for each reference as required in the evaluation criteria. Failure to adhere to this
requirement will result in such tender being prejudiced.
Information provided will be verified and if found to be false or misrepresented, punitive measures will be
instituted against the respective party including blacklisting and restriction from participating in any future
government tender.

Page 57 of 78
CONTACTABLE REFERENCE LETTER
To Johannesburg Water (SOC) Ltd

I, the undersigned being duly authorized to do so, hereby furnish a reference to Johannesburg Water relative
to the tender APPOINTMENT OF CONTRACTOR THAT WILL CONDUCT FIELD INVESTIGATIONS AND
ENFORCE THE CITY’S WATER SERVICES BY-LAWS TO ADDRESS ILLEGAL WATER CONNECTIONS
ACROSS COJ ON AN AS-AND-WHEN BASIS FOR A PERIOD OF THIRTY-SIX (36) MONTHS.

Name of tenderer: ………………………………………………………………………………….

Description of Services provided in relation to scope of work or technical criteria.

………………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………………
………………………………………………………………………………
Number/Quantity in stands/meters undertaken…………………………………………………….

Was their performance satisfactory? Yes / No*

Signature: …………………………..……… Date: ………………………..………………………

Telephone: …………………………………. Email: ……………………………………………….

Name of Client Company ……………………………………………………………………………

Name of Reference Completing this Letter………………………………………………………

NB: This document must be completed by the referee and included in the tender submission. Alternatively, the
client’s letterhead may be used for this purpose provided it complies with the above requirements. A separate
form must be completed for each reference as required in the evaluation criteria. Failure to adhere to this
requirement will result in such tender being prejudiced.
Information provided will be verified and if found to be false or misrepresented, punitive measures will be
instituted against the respective party including blacklisting and restriction from participating in any future
government tender.

Page 58 of 78
CONTACTABLE REFERENCE LETTER

To Johannesburg Water (SOC) Ltd

I, the undersigned being duly authorized to do so, hereby furnish a reference to Johannesburg Water relative
to the tender APPOINTMENT OF CONTRACTOR THAT WILL CONDUCT FIELD INVESTIGATIONS AND
ENFORCE THE CITY’S WATER SERVICES BY-LAWS TO ADDRESS ILLEGAL WATER CONNECTIONS
ACROSS COJ ON AN AS-AND-WHEN BASIS FOR A PERIOD OF THIRTY-SIX (36) MONTHS.

Name of tenderer: ………………………………………………………………………………….

Description of Services provided in relation to scope of work or technical criteria.

………………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………………
………………………………………………………………………………
Number/Quantity in stands/meters undertaken…………………………………………………….

Was their performance satisfactory? Yes / No*

Signature: …………………………..……… Date: ………………………..………………………

Telephone: …………………………………. Email: ……………………………………………….

Name of Client Company ……………………………………………………………………………

Name of Reference Completing this Letter………………………………………………………

NB: This document must be completed by the referee and included in the tender submission. Alternatively, the
client’s letterhead may be used for this purpose provided it complies with the above requirements. A separate
form must be completed for each reference as required in the evaluation criteria. Failure to adhere to this
requirement will result in such tender being prejudiced.
Information provided will be verified and if found to be false or misrepresented, punitive measures will be
instituted against the respective party including blacklisting and restriction from participating in any future
government tender.

Page 59 of 78
CONTACTABLE REFERENCE LETTER

To Johannesburg Water (SOC) Ltd

I, the undersigned being duly authorized to do so, hereby furnish a reference to Johannesburg Water relative
to the tender APPOINTMENT OF CONTRACTOR THAT WILL CONDUCT FIELD INVESTIGATIONS AND
ENFORCE THE CITY’S WATER SERVICES BY-LAWS TO ADDRESS ILLEGAL WATER CONNECTIONS
ACROSS COJ ON AN AS-AND-WHEN BASIS FOR A PERIOD OF THIRTY-SIX (36) MONTHS.

Name of tenderer: ………………………………………………………………………………….

Description of Services provided in relation to scope of work or technical criteria.

………………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………………
………………………………………………………………………………
Number/Quantity in stands/meters undertaken…………………………………………………….

Was their performance satisfactory? Yes / No*

Signature: …………………………..……… Date: ………………………..………………………

Telephone: …………………………………. Email: ……………………………………………….

Name of Client Company ……………………………………………………………………………

Name of Reference Completing this Letter………………………………………………………

NB: This document must be completed by the referee and included in the tender submission. Alternatively, the
client’s letterhead may be used for this purpose provided it complies with the above requirements. A separate
form must be completed for each reference as required in the evaluation criteria. Failure to adhere to this
requirement will result in such tender being prejudiced.
Information provided will be verified and if found to be false or misrepresented, punitive measures will be
instituted against the respective party including blacklisting and restriction from participating in any future
government tender.

Page 60 of 78
CONTACTABLE REFERENCE LETTER

To Johannesburg Water (SOC) Ltd

I, the undersigned being duly authorized to do so, hereby furnish a reference to Johannesburg Water relative
to the tender APPOINTMENT OF CONTRACTOR THAT WILL CONDUCT FIELD INVESTIGATIONS AND
ENFORCE THE CITY’S WATER SERVICES BY-LAWS TO ADDRESS ILLEGAL WATER CONNECTIONS
ACROSS COJ ON AN AS-AND-WHEN BASIS FOR A PERIOD OF THIRTY-SIX (36) MONTHS.

Name of tenderer: ………………………………………………………………………………….

Description of Services provided in relation to scope of work or technical criteria.

………………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………………
………………………………………………………………………………
Number/Quantity in stands/meters undertaken…………………………………………………….

Was their performance satisfactory? Yes / No*

Signature: …………………………..……… Date: ………………………..………………………

Telephone: …………………………………. Email: ……………………………………………….

Name of Client Company ……………………………………………………………………………

Name of Reference Completing this Letter…………………………………………………………….

NB: This document must be completed by the referee and included in the tender submission. Alternatively, the
client’s letterhead may be used for this purpose provided it complies with the above requirements. A separate
form must be completed for each reference as required in the evaluation criteria. Failure to adhere to this
requirement will result in such tender being prejudiced.
Information provided will be verified and if found to be false or misrepresented, punitive measures will be
instituted against the respective party including blacklisting and restriction from participating in any future
government tender.

Page 61 of 78
CURRICULUM VITAE

19. Curriculum Vitae

Name: Date of birth:


Profession if required: Nationality:
Qualifications:
Name of Employer (firm):
Current position: Total Relevant Experience:
Employment Record:

Experience Record Pertinent to Required service:


START DATE dd month End DATE dd month ROLE WHICH PROVES RELEVANT
year. year EXPERIENCE

Page 62 of 78
CURRICULUM VITAE

Name: Date of birth:


Profession if required: Nationality:
Qualifications:
Name of Employer (firm):
Current position: Total Relevant Experience:
Employment Record:

Experience Record Pertinent to Required service:


START DATE dd month End DATE dd month ROLE WHICH PROVES RELEVANT
year. year EXPERIENCE

Page 63 of 78
CURRICULUM VITAE

Name: Date of birth:


Profession if required: Nationality:
Qualifications:
Name of Employer (firm):
Current position: Total Relevant Experience:
Employment Record:

Experience Record Pertinent to Required service:


START DATE dd month End DATE dd month ROLE WHICH PROVES RELEVANT
year. year EXPERIENCE

Page 64 of 78
SPECIAL CONDITIONDS

20. Special Conditions:

ANNEXURE D: SPECIAL CONDITIONS:

Legal and Confidentiality Implications:


The contractor will be authorized to conduct By-Law enforcement as provided in City of Johannesburg
Metropolitan Municipality Water Services By-Laws under Chapter 4, Section 101 that reads:

Chapter 4
ENFORCEMENT OF THE BY-LAWS AND LEGAL MATTERS
Authorisation of designated officer
101. A service provider as contemplated in the definition of Council and in section 76 of the Local
Government: Municipal Systems Act, 2000 (Act No. 32 of 2000), may authorize any person in its employ to be
a designated officer.
Functions of designated officer
102. (1) A designated officer may execute work, conduct an inspection and monitor and enforce compliance
with these By-laws.

All information and intelligence gathered during the course of investigative work and data processing by the
Contractor remains the sole property of Johannesburg Water (JW) and may not be shared with third parties or
used in any other projects outside of this contract.

Risk Implications:
JW will not be responsible for the adversarial nature of conducting field investigative work and bylaw
enforcement. The Contractor must ensure that adequate risk analysis is done and that any security concerns
are adequately addressed by the Contractor within the ambit of the law. i.e. Hiring your own security team.

Penalties:
Contractor will be held accountable for the quality of information submitted to Johannesburg Water (JW), not
all investigative findings will warrant full payment by Johannesburg Water (JW) penalties will be imposed in
relation to the following investigative findings:

Falsification/incorrect information – 100% non-payment per finding plus 10 times the investigation rate penalty.

Contractor must complete at least 90% of the investigations mandated to them by Johannesburg Water’s user
department, failing which they may be liable to pay back a 10% penalty to Johannesburg water.

Tools, Equipment and Facilities:


Investigators:
Every investigator must be issued with a temporary JW Identification card, to be produced as and when
required onsite. Contractor to provide.
Every investigator must be issued JW branded bibs, to be worn onsite. Contractor to provide.

Support, Maintenance and Warranty


The successful service provider will be required to provide support, maintenance and warranty. Both in-house
and remotely depending on the nature of the issue.

Quantities
The required number of Illegal water connection investigations/auditing stands stated are estimates. The
service provider shall be bound to supply whatever quantities of stands that JW will require on an “as and
when” required basis during the period of the contract. The contract entered into will be a rates per unit.

Page 65 of 78
GENERAL CONDITIONS OF THE CONTRACT
21. General Conditions of Contract

TABLE OF CLAUSES
1. Definitions
2. Application
3. General
4. Standards
5. Use of contract documents and information inspection
6. Patent Rights
7. Performance security
8. Inspections, tests and analyses
9. Packing
10. Delivery and documents
11. Insurance
12. Transportation
13. Incidental Services
14. Spare parts
15. Warranty
16. Payment
17. Prices
18. Variation orders
19. Assignment
20. Subcontracts
21. Delays in the supplier’s performance
22. Penalties
23. Termination for default
24. Anti-dumping and countervailing duties and rights
25. Force Majeure
26. Termination for insolvency
27. Settlement of Disputes
28. Limitation of Liability
29. Governing language
30. Applicable law
31. Notices
32. Taxes and duties
33. Transfer of contracts
34. Amendments of contracts
35. Prohibition of restrictive practices

Page 66 of 78
GENERAL CONDITIONS OF THE CONTRACT
1. Definitions 1. The following terms shall be interpreted as indicated:

1.1 “Closing time” means the date and hour specified in the bidding documents for the receipt of bids.

1.2 “Contract” means the written agreement entered into between the purchaser and the supplier, as recorded
in the contract form signed by the parties, including all attachments and appendices thereto and all documents
incorporated by reference therein.

1.3 “Contract price” means the price payable to the supplier under the contract for the full and proper
performance of his contractual obligations.

1.4 “Corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value to influence the
action of a public official in the procurement process or in contract execution.

1.5 "Countervailing duties" are imposed in cases where an enterprise abroad is subsidized by its government
and encouraged to market its products internationally.

1.6 “Country of origin” means the place where the goods were mined, grown or produced or from which the
services are supplied. Goods are produced when, through manufacturing, processing or substantial and major
assembly of components, a commercially recognized new product results that is substantially different in basic
characteristics or in purpose or utility from its components.

1.7 “Day” means calendar day.

1.8 “Delivery” means delivery in compliance of the conditions of the contract or order.

1.9 “Delivery ex stock” means immediate delivery directly from stock actually on hand.

1.10 “Delivery into consignees store or to his site” means delivered and unloaded in the specified store or depot
or on the specified site in compliance with the conditions of the contract or order, the supplier bearing all risks
and charges involved until the goods are so delivered and a valid receipt is obtained.

1.11 "Dumping" occurs when a private enterprise abroad market its goods on own initiative in the RSA at
lower prices than that of the country of origin and which have the potential to harm the local industries in the
RSA.

1.12 ”Force majeure” means an event beyond the control of the supplier and not involving the supplier’s fault or
negligence and not foreseeable. Such events may include, but is not restricted to, acts of the purchaser in its
sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions and freight embargoes.

1.13 “Fraudulent practice” means a misrepresentation of facts in order to influence a procurement process or
the execution of a contract to the detriment of any bidder, and includes collusive practice among bidders (prior
to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive the
bidder of the benefits of free and open competition.

1.14 “GCC” means the General Conditions of Contract.

1.15 “Goods” means all of the equipment, machinery, and/or other materials that the supplier is required to
supply to the purchaser under the contract.

1.16 “Imported content” means that portion of the bidding price represented by the cost of components, parts or
materials which have been or are still to be imported (whether by the supplier or his subcontractors) and which
costs are inclusive of the costs abroad, plus freight and other direct importation costs such as landing costs,
dock dues, import duty, sales duty or other similar tax or duty at the South African place of entry as well as
transportation and handling charges to the factory in the Republic where the goods covered by the bid will be
manufactured.
Page 67 of 78
GENERAL CONDITIONS OF THE CONTRACT

1.17 “Local content” means that portion of the bidding price, which is not included in the imported content
provided that local manufacture does take place.

1.18 “Manufacture” means the production of products in a factory using labour, materials, components and
machinery and includes other related value-adding activities.

1.19 “Order” means an official written order issued for the supply of goods or works or the rendering of a
service.

1.20 “Project site,” where applicable, means the place indicated in bidding documents.

1.21 “Purchaser” means the organization purchasing the goods.

1.22 “Republic” means the Republic of South Africa.

1.23 “SCC” means the Special Conditions of Contract.

1.24 “Services” means those functional services ancillary to the supply of the goods, such as transportation
and any other incidental services, such as installation, commissioning, provision of technical assistance,
training, catering, gardening, security, maintenance and other such obligations of the supplier covered under
the contract.

1.25 “Supplier” means the successful bidder who is awarded the contract to maintain and administer the
required and specified service(s) to the State.

1.26 “Tort” means Delict

1.27 “Turnkey” means a procurement process where one service provider assumes total responsibility for all
aspects of the project and delivers the full end product / service required by the contract.

1.28 “Written” or “in writing” means hand-written in ink or any form of electronic or mechanical writing.

2. Application
2.1 These general conditions are applicable to all bids, contracts and orders including bids for functional and
professional services (excluding professional services related to the building and construction industry), sales,
hiring, letting and the granting or acquiring of rights, but excluding immovable property, unless otherwise
indicated in the bidding documents.

2.2 Where applicable, special conditions of contract are also laid down to cover specific goods, services or
works.

2.3 Where such special conditions of contract are in conflict with these general conditions, the special
conditions shall apply.

3. General 3.1 Unless otherwise indicated in the bidding documents, the purchaser shall not be liable for any
expense incurred in the
preparation and submission of a bid. Where applicable a non-refundable fee for documents may be charged.

3.2 Invitations to bid are usually published in locally distributed news media and on the municipality/municipal
entity website.

4. Standards 4.1 The goods supplied shall conform to the standards mentioned in
the bidding documents and specifications.

5. Use of contract documents and information inspection


Page 68 of 78
GENERAL CONDITIONS OF THE CONTRACT
5.1 The supplier shall not, without the purchaser’s prior written consent, disclose the contract, or any provision
thereof, or any specification, plan, drawing, pattern, sample, or information furnished by or on behalf of the
purchaser in connection therewith, to any person other than a person employed by the supplier in the
performance of the contract. Disclosure to any such employed person shall be made in confidence and shall
extend only so far as may be necessary for purposes of such performance.

5.2 The supplier shall not, without the purchaser’s prior written consent, make use of any document or
information mentioned in GCC clause 5.1 except for purposes of performing the contract.

5.3 Any document, other than the contract itself mentioned in GCC clause 5.1 shall remain the property of the
purchaser and shall be returned (all copies) to the purchaser on completion of the supplier’s performance under
the contract if so required by the purchaser

5.4 The supplier shall permit the purchaser to inspect the supplier’s records relating to the performance of the
supplier and to have them audited by auditors appointed by the purchaser, if so required by the purchaser.

6. Patent Rights
6.1 The supplier shall indemnify the purchaser against all third-party claims of infringement of patent, trademark,
or industrial design rights arising from use of the goods or any part thereof by the purchaser.

6.2 When a supplier develops documentation / projects for the municipal owned entity (MOE), the MOE shall
retain ownership of any written opinion, advice, presentation or other deliverable that the supplier produces for
the MOE in its tangible form on payment of all fees due, owing and payable to the supplier. The ownership of
the intellectual property rights in the services, products of the services and the methodology and technology
used to perform the services and all its working papers shall be retained by the supplier.

7. Performance security
7.1 Within thirty (30) days of receipt of the notification of contract award, the successful bidder shall furnish to
the purchaser the performance security of the amount specified in SCC.

7.2 The proceeds of the performance security shall be payable to the purchaser as compensation for any loss
resulting from the supplier’s failure to complete his obligations under the contract.

7.3 The performance security shall be denominated in the currency of the contract, or in a freely convertible
currency acceptable to the purchaser and shall be in one of the following forms:

(a) a bank guarantee or an irrevocable letter of credit issued by a reputable bank located in the purchaser’s
country or abroad, acceptable to the purchaser, in the form provided in the bidding documents or another form
acceptable to the purchaser; or
(b) a cashier’s or certified cheque.

7.4 The performance security will be discharged by the purchaser and returned to the supplier not later than
thirty (30) days following the date of completion of the supplier’s performance obligations under the contract,
including any warranty obligations, unless otherwise specified.

8. Inspections, tests and analyses


8.1 All pre-bidding testing will be for the account of the bidder.

8.2 If it is a bid condition that goods to be produced or services to be rendered should at any stage be subject
to inspections, tests and analyses, the bidder or contractor’s premises shall be open, at all reasonable hours,
for inspection by a representative of the
purchaser or organization acting on behalf of the purchaser.

8.3 If there are no inspection requirements indicated in the bidding documents and no mention is made in the
contract, but during the contract period it is decided that inspections shall be carried out, the purchaser shall
itself make the necessary arrangements, including payment arrangements with the testing authority concerned.
Page 69 of 78
GENERAL CONDITIONS OF THE CONTRACT

8.4 If the inspections, tests and analyses referred to in clauses 8.2 and 8.3 show the goods to be in accordance
with the contract requirements, the cost of the inspections, tests and analyses shall be defrayed by the
purchaser.

8.5 Where the goods or services referred to in clauses 8.2 and 8.3 do not comply with the contract requirements,
irrespective of whether such goods or services are accepted or not, the cost in connection with these inspections,
tests or analyses shall be defrayed by the supplier.

8.6 Goods and services which are referred to in clauses 8.2 and 8.3 and which do not comply with the contract
requirements may be rejected.

8.7 Any contract goods may on or after delivery be inspected, tested or analysed and may be rejected if found
not to comply with the requirements of the contract. Such rejected goods shall be held at the cost and risk of the
supplier who shall, when called upon, remove them immediately at his own cost and forthwith substitute them
with goods, which do comply with the requirements of the contract. Failing such removal the rejected goods
shall be returned at the suppliers cost and risk. Should the supplier fail to provide the substitute goods forthwith,
the purchaser may, without giving the supplier further opportunity to substitute the rejected goods, purchase
such goods as may be necessary at the expense of the supplier.

8.8 The provisions of clauses 8.4 to 8.7 shall not prejudice the right of the purchaser to cancel the contract on
account of a breach of the conditions thereof, or to act in terms of Clause 22 of GCC.

9. Packing
9.1 The supplier shall provide such packing of the goods as is required to prevent their damage or deterioration
during transit to their final destination, as indicated in the contract. The packing shall be sufficient to withstand,
without limitation, rough handling during transit and exposure to extreme temperatures, salt and precipitation
during transit, and open storage. Packing, case size weights shall take into consideration, where appropriate,
the remoteness of the goods’ final destination and the absence of heavy handling facilities at all points in transit.

9.2 The packing, marking, and documentation within and outside the packages shall comply strictly with such
special requirements as shall be expressly provided for in the contract, including additional requirements, if any,
and in any subsequent instructions ordered by the purchaser.
10. Delivery and documents
10.1 Delivery of the goods and arrangements for shipping and clearance obligations, shall be made by the
supplier in accordance with the terms specified in the contract.

11. Insurance
11.1 The goods supplied under the contract shall be fully insured in a freely convertible currency against loss
or damage incidental to manufacture or acquisition, transportation, storage and delivery in the manner
specified.

12.Transportation
12.1 Should a price other than an all-inclusive delivered price be required, this shall be specified.

13. Incidental Services


13.1 The supplier may be required to provide any or all of the following services, including additional services,
if any:
(a) performance or supervision of on-site assembly and/or commissioning of the supplied goods;

(b) furnishing of tools required for assembly and/or maintenance of the supplied goods;

(c) furnishing of a detailed operations and maintenance manual for each appropriate unit of the supplied goods;

(d) performance or supervision or maintenance and/or repair of the supplied goods, for a period of time agreed
by the parties, provided that this service shall not relieve the supplier of any warranty obligations under this
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GENERAL CONDITIONS OF THE CONTRACT
contract; and

(e) training of the purchaser’s personnel, at the supplier’s plant and/or on-site, in assembly, start-up, operation,
maintenance, and/or repair of the supplied goods.

13.2 Prices charged by the supplier for incidental services, if not included in the contract price for the goods,
shall be agreed upon in advance by the parties and shall not exceed the prevailing rates charged to other parties
by the supplier for similar services.

14. Spare parts


14.1 As specified, the supplier may be required to provide any or all of the following materials, notifications, and
information pertaining to spare parts manufactured or distributed by the supplier:

(a) such spare parts as the purchaser may elect to purchase from the supplier, provided that this election shall
not relieve the supplier of any warranty obligations under the contract; and;

(b) in the event of termination of production of the spare parts:


(i) advance notification to the purchaser of the pending termination, in sufficient time to permit the purchaser to
procure needed requirements; and

(ii) following such termination, furnishing at no cost to the purchaser, the blueprints, drawings, and specifications
of the spare parts, if requested.

15. Warranty
15.1 The supplier warrants that the goods supplied under the contract are new, unused, of the most recent or
current models, and that they incorporate all recent improvements in design and materials unless provided
otherwise in the contract. The supplier further warrants that all goods supplied under this contract shall have no
defect, arising from design, materials, or workmanship (except when the design and/or material is required by
the purchaser’s specifications) or from any act or omission of the supplier, that may develop under normal use
of the supplied goods in the conditions prevailing in the country of final destination.

15.2 This warranty shall remain valid for twelve (12) months after the goods, or any portion thereof as the case
may be, have been delivered to and accepted at the final destination indicated in the contract, or for eighteen
(18) months after the date of shipment from the port or place of loading in the source country, whichever period
concludes earlier, unless specified otherwise.

15.3 The purchaser shall promptly notify the supplier in writing of any claims arising under this warranty.

15.4 Upon receipt of such notice, the supplier shall, within the period specified and with all reasonable speed,
repair or replace the defective goods or parts thereof, without costs to the purchaser.

15.5 If the supplier, having been notified, fails to remedy the defect(s) within the period specified, the purchaser
may proceed to take such remedial action as may be necessary, at the supplier’s risk and expense and without
prejudice to any other rights which the purchaser may have against the supplier under the contract.

16. Payment 16.1 The method and conditions of payment to be made to the supplier under this contract shall
be specified.

16.2 The supplier shall furnish the purchaser with an invoice accompanied by a copy of the delivery note and
upon fulfilment of other obligations stipulated in the contract.

16.3 Payment shall be made within 30 days of receipt of the supplier statement, provided the statement
submitted is correct and submitted to Johannesburg Water before the end of the month. The invoice for which
payment is required must be correct, must be reflected on the statement referred to above and also be submitted
by no later than the end of the month.

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GENERAL CONDITIONS OF THE CONTRACT
16.4 Payment will be made in Rands unless otherwise stipulated.

17. Prices
17.1 Prices charged by the supplier for goods delivered and services performed under the contract shall not
vary from the prices quoted by the supplier in his bid, with the exception of any price adjustments authorized or
in the purchaser’s request for bid validity extension, as the case may be.

18. Variation in contractual hours


18.1 In the event that work to be performed in terms of this contract be completed in less than the envisaged
time, or in the event that the duration of such work exceeds the envisaged time pursuant to the approval by JW
of an exception report referred to in clause 8 of the Scope of Work, the rate per hour payable to the contractor
shall remain the same.

19. Assignment 19.1 The supplier shall not assign, in whole or in part, its obligations to
perform under the contract, except with the purchaser’s prior written consent.

20.Subcontracts

20.1 The supplier shall notify the purchaser in writing of all subcontracts awarded under this contracts if not
already specified in the bid. Such notification, in the original bid or later, shall not relieve the supplier from any
liability or obligation under the contract.

21. Delays in the supplier’s performance

21.1 Delivery of the goods and performance of services shall be made by the supplier in accordance with the
time schedule prescribed by the purchaser in the contract.

21.2 If at any time during performance of the contract, the supplier or its subcontractor(s) should encounter
conditions impeding timely delivery of the goods and performance of services, the supplier shall promptly notify
the purchaser in writing of the fact of the delay, its likely duration and its cause(s). As soon as practicable after
receipt of the supplier’s notice, the purchaser shall evaluate the situation and may at his discretion extend the
supplier’s time for performance, with or without the imposition of penalties, in which case the extension shall be
ratified by the parties by amendment of contract.

21.3 The right is reserved to procure outside of the contract small quantities or to have minor essential services
executed if an emergency arises, the supplier’s point of supply is not situated at or near the place where the
goods are required, or the supplier’s services are not readily available.

21.4 Except as provided under GCC Clause 25, a delay by the supplier in the performance of its delivery
obligations shall render the supplier liable to the imposition of penalties, pursuant to GCC Clause 22, unless an
extension of time is agreed upon pursuant to GCC Clause 22.2 without the application of penalties.

21.5 Upon any delay beyond the delivery period in the case of a goods contract, the purchaser shall, without
cancelling the contract, be entitled to purchase goods of a similar quality and up to the same quantity in
substitution of the goods not supplied in conformity with the contract and to return any goods delivered later at
the supplier’s expense and risk, or to cancel the contract and buy such goods as may be required to complete
the contract and without prejudice to his other rights, be entitled to claim damages from the supplier.

22. Penalties
22.1 Subject to GCC Clause 25, if the supplier fails to deliver any or all of the goods or to perform the services
within the period(s) specified in the contract, the purchaser shall, without prejudice to its other remedies under
the contract, deduct from the contract price, as a penalty, a sum calculated on the delivered price of the delayed
goods or unperformed services using the current prime interest rate calculated for each day of the delay until
actual delivery or performance. The purchaser may also consider termination of the contract pursuant to GCC
Clause 23.
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GENERAL CONDITIONS OF THE CONTRACT

23. Termination for default


23.1 The purchaser, without prejudice to any other remedy for breach of contract, by written notice of default
sent to the supplier, may terminate this contract in whole or in part:
(a) if the supplier fails to deliver any or all of the goods within the period(s) specified in the contract, or within
any extension thereof granted by the purchaser pursuant to
GCC Clause 21.2;
(b) if the supplier fails to perform any other obligation(s) under the contract; or

(c) if the supplier, in the judgement of the purchaser, has engaged in corrupt or fraudulent practices in
competing for or in executing the contract.

23.2 In the event the purchaser terminates the contract in whole or in part, the purchaser may procure, upon
such terms and in such manner, as it deems appropriate, goods, works or services similar to those undelivered,
and the supplier shall be liable to the purchaser for any excess costs for such similar goods, works or services.
However, the supplier shall continue performance of the contract to the extent not terminated.

23.3 Where the purchaser terminates the contract in whole or in part, the purchaser may decide to impose a
restriction penalty on the supplier by prohibiting such supplier from doing business with the public sector for a
period not exceeding 10 years.

23.4 If a purchaser intends imposing a restriction on a supplier or any person associated with the supplier, the
supplier will be allowed a time period of not more than fourteen (14) days to provide reasons why the
envisaged restriction should not be imposed. Should the
supplier fail to respond within the stipulated fourteen (14) days the purchaser may regard the supplier as
having no objection and proceed with the restriction.

23.5 . Any restriction imposed on any person by the purchaser will, at the discretion of the purchaser, also be
applicable to any other enterprise or any partner, manager, director or other person who wholly or partly
exercises or exercised or may exercise control over the enterprise of the first-mentioned person, and with which
enterprise or person the first-mentioned person, is or was in the opinion of the purchaser actively associated.

23.6 If a restriction is imposed, the purchaser must, within five (5) working days of such imposition, furnish the
National Treasury, with the following information:

(i) the name and address of the supplier and / or person restricted by the purchaser;
(ii) the date of commencement of the restriction
(iii) the period of restriction; and
(iv) the reasons for the restriction.

These details will be loaded in the National Treasury’s central database of suppliers or persons prohibited from
doing business with the public sector.

23.7 . If a court of law convicts a person of an offence as contemplated in sections 12 or 13 of the Prevention
and Combating of Corrupt Activities Act, No. 12 of 2004, the court may also rule that such person’s name be
endorsed on the Register for Tender Defaulters.
When a person’s name has been endorsed on the Register, the person will be prohibited from doing business
with the public sector for a period not less than five years and not more than 10 years. The National Treasury is
empowered to determine the period of
restriction and each case will be dealt with on its own merits. According to section 32 of the Act the Register
must be open to the public. The Register can be perused on the National Treasury website

24. Antidumping and countervailing duties and rights


24.1 When, after the date of bid, provisional payments are required, or anti-dumping or countervailing duties are
imposed, or the amount of a provisional payment or anti-dumping or countervailing right is increased in respect
of any dumped or subsidized import, the State is not liable for any amount so required or imposed, or for the
Page 73 of 78
GENERAL CONDITIONS OF THE CONTRACT
amount of any such increase. When, after the said date, such a provisional payment is no longer required or
any such anti-dumping or countervailing right is abolished, or where the amount of such provisional payment or
any such right is reduced, any such favourable difference shall on demand be paid forthwith by the supplier to
the purchaser or the purchaser may deduct such amounts from moneys (if any) which may otherwise be due to
the supplier in regard to goods or services which he delivered or rendered, or is to deliver or render in terms of
the contract or any other contract or any other amount which may be due to him.

25. Force Majeure


25.1 Notwithstanding the provisions of GCC Clauses 22 and 23, the supplier shall not be liable for forfeiture of
its performance security, damages, or termination for default if and to the extent that his delay in performance
or other failure to perform his obligations under the contract is the result of an event of force majeure.

25.2 If a force majeure situation arises, the supplier shall promptly notify the purchaser in writing of such
condition and the cause thereof. Unless otherwise directed by the purchaser in writing, the supplier shall
continue to perform its obligations under the contract as far as is reasonably practical, and shall seek all
reasonable alternative means for performance not prevented by the force majeure event.

26. Termination for insolvency


26.1 The purchaser may at any time terminate the contract by giving written notice to the supplier if the supplier
becomes bankrupt or otherwise insolvent. In this event, termination will be without compensation to the supplier,
provided that such termination will not prejudice or affect any right of action or remedy, which has accrued or
will accrue thereafter to the purchaser.

27. Settlement of Disputes


27.1 If any dispute or difference of any kind whatsoever arises between the purchaser and the supplier in
connection with or arising out of the contract, the parties shall make every effort to resolve amicably such dispute
or difference by mutual consultation.

27.2 If, after thirty (30) days, the parties have failed to resolve their dispute or difference by such mutual
consultation, then either the purchaser or the supplier may give notice to the other party of his intention to
commence with mediation. No mediation in respect of this matter may be commenced unless such notice is
given to the other party.

27.3 Should it not be possible to settle a dispute by means of mediation, it may be settled in a South African
court of law.

27.4 Notwithstanding any reference to mediation and/or court proceedings herein,


(a) the parties shall continue to perform their respective obligations under the contract unless they otherwise
agree; and

(b) the purchaser shall pay the supplier any monies due the supplier for goods delivered and / or services
rendered according to the prescripts of the contract.

28. Limitation of Liability


28.1 Except in cases of criminal negligence or wilful misconduct, and in the case of infringement pursuant to
Clause 6;

(a) the supplier shall not be liable to the purchaser, whether in contract, tort, or otherwise, for any indirect or
consequential loss or damage, loss of use, loss of production, or loss of
profits or interest costs, provided that this exclusion shall not apply to any obligation of the supplier to pay
penalties and/or damages to the purchaser; and

(b) the aggregate liability of the supplier to the purchaser, whether under the contract, in tort or otherwise, shall
not exceed the total contract price, provided that this limitation
shall not apply to the cost of repairing or replacing defective equipment.
29. Governing language
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GENERAL CONDITIONS OF THE CONTRACT
29.1 The contract shall be written in English. All correspondence and other documents pertaining to the
contract that is exchanged by the parties shall also be written in English.

30. Applicable law


30.1 The contract shall be interpreted in accordance with South African laws, unless otherwise specified.

31. Notices 31.1 Every written acceptance of a bid shall be posted to the supplier concerned by registered or
certified mail and any other notice to him shall be posted by ordinary mail to the address furnished in his bid or
to the address notified later by him in writing and such posting shall be deemed to be proper service of such
notice.

31.2 The time mentioned in the contract documents for performing any act after such aforesaid notice has been
given, shall be reckoned from the date of posting of such notice.

32. Taxes and duties


32.1 A foreign supplier shall be entirely responsible for all taxes, stamp duties, license fees, and other such
levies imposed outside the purchaser’s country.

32.2 A local supplier shall be entirely responsible for all taxes, duties, license fees, etc., incurred until delivery
of the contracted goods to the purchaser.

32.3 No contract shall be concluded with any bidder whose tax matters are not in order. Prior to the award of a
bid SARS must have certified that the tax matters of the preferred bidder are in order.

32.4 No contract shall be concluded with any bidder whose municipal rates and taxes and municipal services
charges are in arrears.

33. Transfer of contracts


33.1 The contractor shall not abandon, transfer, cede assign or sublet a contract or part thereof without the
written permission of the purchaser

34. Amendment of contracts


34.1 No agreement to amend or vary a contract or order or the conditions, stipulations or provisions thereof shall
be valid and of any force unless such agreement to amend or vary is entered into in writing and signed by the
contracting parties. Any waiver of the requirement that the agreement to amend or vary shall be in writing, shall
also be in writing.

35. Prohibition of restrictive practices


35.1 In terms of section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998, as amended, an agreement between,
or concerted practice by, firms, or a decision by an association of firms, is prohibited if it is between parties in a
horizontal relationship and if a bidder(s) is
/ are or a contractor(s) was / were involved in collusive bidding.

35.2 If a bidder(s) or contractor(s) based on reasonable grounds or evidence obtained by the purchaser has /
have engaged in the restrictive practice referred to above, the purchaser may refer the matter to the Competition
Commission for investigation and
possible imposition of administrative penalties as contemplated in section 59 of the Competition Act No 89 0f
1998.

35.3 If a bidder(s) or contractor(s) has / have been found guilty by the Competition Commission of the restrictive
practice referred to above, the purchaser may, in addition and without prejudice to any other remedy provided
for, invalidate the bid(s) for such item(s) offered, and / or terminate the contract in whole or part, and / or restrict
the bidder(s) or contractor(s) from conducting business with the public sector for a period not exceeding ten (10)
years and / or claim damages from the bidder(s) or contractor(s) concerned.
Revised May 2013

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BANKING DETAILS FOR EFT

22. Banking Details for Electronic Funds Transfer


Requirements
• All fields below must be completed and only the completed original authorised form will be accepted. (Faxed and emailed copies are
not accepted).
• This form must be accompanied by an original cancelled cheque or an original signed and stamped letter from your bank (date must be
not older than 3 months). Alternatively this form can be stamped by your bank.

Supplier Name
Contact Person
Email Address
Telephone Number
Fax Number

Bank Information

Name of Payee (Must be the


same as your supplier name)
Name of Bank
Account Number
Branch Code-(to be confirmed
with your bank for EFT payments)
Branch Name
Reference (if applicable)

In the event my tender is successful, I hereby authorize Johannesburg Water SOC Ltd, to make all payments by EFT into the above
bank account and I have attached the required documents as requested. I have the authority to provide and authorize the above
information on behalf of the corporation/organization/payee.

Authorized representative of supplier

Name & Surname: ______________________________ Date: _____________

Signature : ____________________________________ Designation _________________________

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JW POPIA PRIVACY STATEMENT

23. JW POPIA Privacy Statement.

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

1. Privacy Notice applies to:


Suppliers, vendors, contractors, service providers, etc whether appointed or prospective.

2. Definitions of personal information


According to the Act “personal information” means information relating to an identifiable living, natural
person, and where it is applicable, an identifiable, existing juristic person. All addresses including
residential, postal and email addresses.

3. About the Public Entity


Johannesburg Water (SOC) Limited, registration number 2000/029271/30

3.1 The information we collect


We collect information directly from you where you provide us with your personal details. Where
possible, we will inform you what information you are required to provide to us and what
information is optional.

3.2 How Johannesburg Water use your information


We will use your personal information only for the purposes for which it was collected and agreed
with you. For example: to gather contact information, to confirm and verify your identity, for the
evaluation and adjudication of bids and quotations for tenders, request for quotations, and other
personal information for the procurement of goods and services by the Entity.

3.3 Disclosure of information


We may disclose your personal information to our Shareholder, the City of Johannesburg, and
other Government agencies such as National Treasury, and the Auditor-General of South Africa.
We have agreements in place to ensure that they comply with the privacy requirements as
required by the Protection of Personal Information Act.

We may also disclose your information:


• Where we have a duty or a right to disclose in terms of law;

• Where we believe it is necessary to protect our rights.

3.4 Information Security


We are legally obliged to provide adequate protection for the personal information we hold and
to stop unauthorised access and use of personal information. We will, on an ongoing basis,
continue to review our security controls and related processes to ensure that your personal
information remains secure.

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JW POPIA PRIVACY STATEMENT
When we contract with third parties, we impose appropriate security, privacy and confidentiality
obligations on them to ensure that personal information that we remain responsible for, is kept
secure. We will ensure that anyone whom we pass your personal information agrees to treat your
information with the same level of protection as we are obliged to.

3.5 Your rights: Access to Information


You have the right to request a copy of the personal information we hold about you. To do this,
simply contact us at [email protected], and specify what information you require.

3.6 Correction of your personal information


You have the right to ask us to update, correct or delete your personal information. We will require
a copy of your identification document to confirm your identity before making changes to personal
information we may hold about you. We would appreciate it if you would keep your personal
information accurate and up to date.

3.7 How to contact us


If you have any queries about this document; you need further information about our privacy
practices; wish to withdraw consent; exercise preferences or access or correct your personal
information, please contact us at the numbers listed on our website or send an email to
[email protected].

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