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    BID-01-01-24

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    22 views61 pages

    Bid 01 01 24

    Uploaded by

    david seleka

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
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    MBDt PART A INVITATION To BID ‘YOUARE HEREBY HVIFED TO BD FOR REQUIREMENTS O TH (VIME O- MONTGPALTHMONGPAL BUTT) BONUWEER | TEDATIP: si ovnias. | CLOSING DATE | Ce WARCH7024 ~~ CLOSNGTME. | 7Ea0an —| THE APPONTWENT OFA TRANSACTIONAL ADVISOR TO PROVIDE PROFESSIONAL SERVCE FORTHE DESCRIPTION | GARSFONTEI DEVELOPMENT FOR A 2¢MONTH PERIOD. “TEs TDR WILL BE REQURED TOFILNANO SGN A WRITTEN CORTRACT FORM B37 a BID RESPONSE DOCUMENTS wie DEPOSED IN THE 80 BOK SITUATED AT (STREET ADDRESS. 4 Vay 80 dye | stan econoMe DEVELOPMENT AGENCY (TED) [GROUND FLOOR ay Lave ew BUILDING | 1277 mx cRAwroR® ROAD —_ ‘CENTURION MALL ‘SUPPLIER INFORMATION ae ee ATE] NAME OF BODER. POSTAL ADDRESS STREET ADDRESS. TELEPHONE NUMBER cone NUMBER CELLPHOWE NUMBER FACSMILE NUMBER Ove nowses_| EMAL ADDR VAT REGISTRATION NUMBER - TAX COMPLANCE STATUS. resem | on [osone_[ ‘BEE STATUSLEVEL an ese status | Oy \VERFICATON CERTCATE iJ ever snore | Ye Tox apucaat Box) Oe avon | yy A BEE STATUS LEVEL TION CERTIFICATE SWORN AFFIDAVIT (FOR EWES & QS a) MUST BE SUBMITTED IL ORDER TO QUALIFY FOR CE POINTS FOR B-B0EE] TRE YOUAFOREGN aa you Te accReoreD BASED SUPPLER REPRESENTATEINSOUTH | CYves De FormMeco00s | Cer ie [AFRCAFOR THE GOODS. ERVICES WORKS 'SERVICES WORKS OFFERED? | [FVESENC.OSE PROOF] ‘OFFERED? TF YES,asneR PART 3] TOTAL NUMBER OF TEMS orreneo rormsornce |e SIGNATURE OF BOER Dare ‘CAPACITY UaDER WHICH TASES ‘seven 'IODING PROCEDURE ENGUIRES WAY BE DIRECTED TO: "TECHNICAL NFORATION WAY BE DIRECTED TO [DEPARTMENT TEA, CONTACT PERSON | Gael Mai | CONTACT PEREOH [io pone TELEPHONE NUMBER [or2ss8asz8 TELEPHONE NUMBER 12586509 ——Prcsnive nuuaen —[ wa [FACSIMILE NUMER WA al ADORESS smanaaahnare aa | EWA ADDRESS [nolgecneiibeanc cara — tPpage ‘OAT. no mae THE evONTMENT OA RASACTENAL OVER TORO PROFEEOENAL ERIE TOR THE GAESEOMTEN SEF MBD1 PARTB ‘TERMS AND CONDITIONS FOR BIDDING [i BUsueMSSON— eee aI Sa "V4 BIOS MUST BE DELIVERED BY THE STIPULATED TE TOTHE CORRECT ADDRESS LATEBIDS VIL NOT BE ACCEPTED FOR (CONSOERATON 1.2. ALBIDS MUST BE SUBMITTED ON THE OFFICIAL FORMS PROMIDED- (OT TOBE RE-TYPED) CR ONLINE 13, THIS I IS SUBVECT TO THE PREFERENTIAL PROCUREMENT POLICY FRAMEVIORK ACT ND THE PREFERENTIAL PROCUREMENT REGULATIONS, 217, THE GENERAL CONDITIONS OF CONTRACT (SCC) NO, FAPPLCABLE, ay OTHER SPEDIAL CONDITIONS OF CONTRACT. REGU = 71 BOERS MUST ENSURE COM ANCE WTH THER TAX CRLGATINS, 122 BODERS ARE REQURED TO SUBMIT THER UNIQUE PERSONA. DENTEICATION NUMBER (IN ISSUED BY SARS TO [BUGLE THE ORG OF STATE TOVEW THE TAXPAYERS PROFLE AND TA STATUS 23 APPLCATIONFOR THE TAX COMPLIANCE STATUS CS] CERTEICATE OR PN MAY ALSO BE MAE AEG. ORDER TO USE THIS PROVISON, TAXPAYERS WLL NEED TO REGISTER WITH SARS AS EFLERS THROUGH THE WEESTE am saRsGOv2. 24 FOREIGN SUPPLIERS MUST COMPLETE THE PRE-ANARO QUESTIONNAIRE NPART 83 25 BIDDERS WAY ALSO SUBMT APRNTED TCS CERTEICATE TOGETHER WTHTHE BO. 28 1N BIDS WHERE CONSORTIA | ONT VENTURES! SUB-CONTRAGTORS ARE NOLVED, EAC PARTY MUST SUBUT A SEPARATE” TCS CERTIFICATE PR CSD NUMBER. 27 WHERE NO Ts 1S AVAILABLE BUT THE BODER IS REGISTERED ON THE CENTRAL SUPPLER OATABASE C50), A 650 NUMBER MUST BE PROVIDED. 70 5 11. ISTHE ENTITY A RESIDENT OF THE REPUBLIC OF SOUTH AFRICA SAY? ves Oro {12 DOES THE ENTITY HAVE ABRANCH N THERA? ves no $13.DOES THE ENTITY HAVE A PERMANENT ESTABLISHVENT INTHE RSA? Dves Oro $4. ES THE ENTITY HAVE ANY SOURCE OF INCOME INTHE RSA? Dyes Oro 135, ISTHEENTTY LABLE W THE SA FOR AKY FORM OF TANATION? ves Chno | THE ANSWER Is “NO” TO ALL OF THE ABOVE, THEN I 1§ NOT A REGUIREMENT TO REGISTER FOR A TAK COMPLANCE STATUS SYSTEM Pi CODE FROMTHE SOUTH AFRICAN REVENUE SERVICE [SARS] AND F NOT REGSTER HS PERS ABOVE, 'N®: FALURE TO PROVIDE ANY OFTHE ABOVE PARTICULARS MAY RENDER THE BID INVALD "NO BIDS WLL BE CONSIDERED FROM PERSONS N THE SERMCE OF THE STATE SIGNATURE OF BIDDER: (CAPACITY UNDER WHICH THIS BID IS SIGNED: DATE: 2\Page Pricing schedule (Professional Services) MED3.3 Name of Bidder Bid Number: Closing Time: 41400 Closing Date: 08 March 2024 OFFER TO BE VALID FOR (90) DAYS FROM THE CLOSING DATE OF BID. SERVICE DESCRIPTION: PRICING SCHEDULE FOR THE APPOINTMENT OF A TRANSACTIONAL ADVISOR TO PROVIDE PROFESSIONAL SERVICE FOR THE GARSFONTEIN DEVELOPMENT FOR A 36-MONTH PERIOD. 41. The accompanying information must be used forthe formulation of proposal, 2 Bidders are required to indicate a celing price based on the total estimated time for completion of at Phases and including all expenses inclusive of all applicable taxes forthe service. (Adtonalnfrmation ‘may be provided separately) 3. DELIVERABLES ACCORDING TO WHICH THE SERVICE WILL 8E UNDERTAKEN, FEES PER DELIVERABLE AND RELEVANT TIMELINES, DELIVERABLES PER (WEEKS MONTH) DELVERABLE (VAT. excl) 1 ‘ception Report ® 2 | Bue ligence and technical report R ‘3 | Contract advie and eokation report R | 7} Negotiation wit the Developer ® 5 Monthly (approximately 36 monthey ® Contract Administration ‘© | Disbursements ® + (NB This can be alistibuted as per deliverable) ‘SUBTOTAL ® [Wararse% 4 TOTAL BID PRICE 4 28)P ace 3.1 Travel expenses, This cost must be included inthe foal bid price. All applicable taxes to be “included” Includes Valve Added Tax, pay as you earn, Income tax, Unemployment Insurance Fund contbutions and skis development levies. 4, Period requited for commencement with service after acceptance of id 5. Estimated duration to complet the service as pe the Project Plan 6. Are the rates quoted fim forthe full period of the contract? “YESINO 7. not fr for the full period, provide details ofthe basis on which adjustments wll be applied fr, for ‘example consumer price index 18 Does your offer comply withthe terms of reference or not (*YESI NO) If net, state the extent of deviation on a separate shot. {EDA rer aon 2 He APONTHENT FA TRAEACTENA ADVERT SSN SEV FoRTHE GFE TERMS OF REFERENCE FOR THE APPOINTMENT OF A TRANSACTIONAL ADVISOR TO. PROVIDE PROFESSIONAL SERVICES FOR THE DEVELOPMENT OF REMAINDER EXTENT OF PORTION 279 AND 285 OF THE FARM GARSFONTEIN 374JR (GARSFONTEIN DEVELOPMENT) FOR A 36-MONTH PERIOD. PURPOSE 1.1 This term of reference is inviting an experienced Transactional Advisor (TA) to provide professional services for the development of the remainer of extent of portion 279 and 285 of the Farm Garsfontein 374-Jr(Garsfontein Development) for a 36-month period, 2, BACKGROUND 2.1 TEDA is a wholly owned municipal entity of the City of Tshwane (CoT) and its mandate Includes stimulation of economic activities, a key diver in accelerating economic growth and job creation within the Tshwane area, 22 Group Property Department provides a full spectrum of property services for the City of ‘Tshwane. The department is entrusted with the custodian responsiblity of implementing legislative obligations and exercises due care in managing City owned immovable properties. in accordance with service delivery requirements and the highest and best use of properties, tomaximise value. 2.3 The Departments responsible for enhancing the efficiency of use through the development {and implementation of required property strategies/projectspolicies ir line with the City's strategic objectives, as wel as the City's social, economie, spatial and transformation targets, 24 The City of Tshwane advertised a Request for Proposals (RFPs') for 12 strategic land parcels, among these are Remainder Extent of Portion 279 and 285 of Tye Farm Garsfontein S74R, 2.8 Subsequently, the development has been awarded and a development agreement between the City of Tshwane and the successful bidder (developer) has been signed. The City ‘assumes substantial financial technical, legal and operational risks in relation to large-scale (immovable) property development transactions 2.6 In addition, the developer is currently developing a precinct plan for this development. All ‘documents related to this development are available. Unfortunately, it sannot be shared at this stage due to confidentiality matters. The documents will be shared with the successful bidder. . 31Page 3. SPECIAL CONDITIONS 3.1. The successful bidder or professional will be required to enter into a sevice level agreement with Tshwane Economic Development Agency (TEDA). 32. The following Special Conditions of Contract shall supplement the General Conditions of Contract. Whenever there is a conflict, the provisions herein shail prevail over those in the General Conditions of Contract and SLA entered, 3.3. This bid and all contracts emanating there from will be subject o the General Conditions of Contract (GCC). The Special Conditions are supplementary to those of the General Conditions of Contract, Where, however, the Special Conditions of Contract confit with General Conditions of Contract, the Special Conditions ofthe Contract prevail 3.4 Bidders who are in employment of the State shall automatically be disqualified. 35 Bidders who have disputed Municipal rates and taxes and or services towards the ‘municipality or other services suppliers in respect of which payment is overdue fr more than 30 days shall automatically be disqualified 3.6 The municipal account submitted may be verified with the relevant municipality. Only ‘municipal accounts less than 3 months willbe accepted 3.7 Should the bidder be renting in a leased property, both lessor and the lessee's agreement ‘must be furnished together with the landlord's municipal account or statement Municipal account must be submitted together withthe bid documents 3.8 Municipal account requirements are applicable to sub-contracting companies and joint ventures. (Failure fo comply with the above requirement will lead to disqualification). 4lPage 3.9 This is @ double-stage bidding process. Bidders are therefore requested to submit their technical proposal separately from their pricing schedule. 3.10 TEDA reserves the right to enter into negotiations with the recommended services providers) 3.11. Shortlisted bidders may be invited fora presentation, 3.12 The technical methodology criteria ofthe functionality assessment must outine the approach ‘and plan of the proposer and is critical to convince the BID evaliaion team on the ‘appreciation of the work required. It will also form as part of the besis for service level agreement content and related negotiations 3.13 No service may be rendered without an official order. 3.14 Failure to comply with any of the conditions and special conditions may lead to disqualification, 3.15. Inthe case of a joint venture or consortium bid for the tender, an agreement ofthe parties should be submitted, and relevant documents submitied. A team consttuted forthe sake of ‘submission should be maintained when the bidding is sucessful, 3.16 The successful service provider shall submit a letter to TEDA confirming the ‘composition of the toam members as per bid submi with similar credentials, failure shall lead to immediate termination. ion or equivalent team members 3.17 Bidders that score less than 80 points on functionality will not be evaluated futher on Price and BEE. 3.18. All Bidders must continuously monitor amendments that may be made on TEDA the e ‘Tender and TEDA website for the above bid, TEDA will not be held iablelresponsible lf Tenderers do not view responses to questions/queriesicomments which were posted ‘on the e-Tender portal and TEDA website, SiPace 3.19 The expected team should jointly be led by a Professional Commercial Legal Advisor and Economics/Finance Advisor. The technical team should be led by the Professional Project Manager. 3.20 The following are proposed TA team members. NUMBER | PROFESSIONAL SERVICE 7 | Commercial iegalltaw professional |g] Uiban Economies’ Finance professional - | TECHNICAL TEAM - 5 7 Project Management professional | ~~ __| Town Pianning professional — 3 | Atciteciura profesional | OhilSinvetural Engineering professional [7 [Bieeticainechanical Engineering professional | Quantity Surveying profession @ | Property Valuer professional | 40 | Environmental Specialist profesional 3.21 An experience bidder in providing professional advice on local govemment guided by ‘municipal legislation especialy on contract management will be considered, 3.22. tis expected that the technical methodology must cover the resources o be deployed to the service in accordance with the deliverables, 6lPace 4. THE OBJECTIVES ‘The successful service provider shall review and conduct due diligent assessment on the development proposal signed between the City of Tshwane and Developer. The due diligence assessment aims to uncover any legal, financial and technical issues that may significantly impact ‘on the proposed development summarised and defined as follows: » ° 4 °) Legal and Regulatory Analysis - experience shows that any legal issues not resolved during the feasibity study phase can create significant delays in the negotiatiors phase and in some cases, have been significant impediments to concluding project closure. A comprehensive legal due diligence must be done to ensure that all foreseeable legal requirements are met for the development ofthe Garfontein project ‘Technical and Technology issues ~ assess technical and technology solutions that may Impact the Project's affordabilty, value for money, regulatory permissibilty, including ‘environmental and social acceptance. Site enablement issues - uncover any problems that may impact the Garfontein development’ affordability, value for money or that will cause regulatory delays related to the securing ofa site, including environmental legal and heritage provisions ‘Stakeholder analysis — the Transactional Advisor shall identify and conduct an overview of the participating organisations involved in the development, including participating public and private sectors and labour. Funding analysis ~ shall also formulate the focus on participating organisations that are relevant for funding development and provide possible funding structures that can be explored forthe project. Z\Page 5. SCOPE OF SERVICES ‘The scope of services expected in terms of the Garsfontein development s detailed below as follows: 5.1 LEGAL SERVICES 5.1.1. Transaction coordination including advice to the City of Tshwane on the vi proposed development 5.1.2. Faciltate and lead the negotiation with the developer, culminating in the finalization and signing of a revised development agreement 5.1.3 Provide contract and commercial law advice including contract negotiations, deal- making, ‘and management, environmental law, insurance law, et 5.2 INSTITUTIONAL STRUCTURING AND RISK MANAGEMENT 5.2.1. Assessment of shareholding structure indicating share allocations, Broad Based Economic ‘Structure of the transaction indicating the shareholding allocation, 5.2.2 Negotiating the development concept withthe developer and ensuring thatthe agreed terms ‘and conditions are acceptable tothe City 5.2.3 Negotiation on behalf of the City of Tshwane and ensure optimm revenue-sharing ‘configuration, 5.24 Assess and identity project and financial risks and advise accordingly. BlPage 53 TECHNICAL SERVICES 531 532 533 534 535 536 Review the feasibility studies undertaken to help the City of Tshwane determine whether the Garsfontein development is financially legally, and technically feasible for the City The Transactional Advisor should ensure that the technical requirements are designed with the aim of having feasible Garsfontein development. Ensure that specific viability criteria appropriate forthe type of infrastructure and the corresponding services are addressed and that 4) The infrastructure design meets the specified need, ') The engineering and architectural requirements of the projects should be achievable at a price comparable with similar infrastructure, ©) The proposed technical and technology solution is proven otherwise demonstrate proper management or allocation of risks. 4) The technical description ofthe project should assess the geo-technical risks, 2) The scope of services should be viable from a regulatory perspective, 1) The site assessment and preliminary design is based on the techrical feasibility study 9) The cost estimates forthe technical and technology options and solutions are market related Assessment of the development concept demonstrating various phasingfimeframes, typologies and densities Provisions of support for land / site preparation (zoning) ofthe subject land parcel for the Garsfontein development. Provide detailed technical assistance to finalize the agreement with the developer Provide support in managing the implementation of the contract end management of timeframes, eiPage 6837 538 539 54 844 542 543 544 545 55 55.1 552 Provide contract management services and adherence to contract terms. Coordinate and monitor the progress of the Garsfontein development. Facitate resolutions of conflicts and dispute in the event of contract bridge and advise the City regarding termination of contract. DEVELOPMENT FINANCE AND FINANCIAL MODELLING. Evaluate and advise the city on the value for money on the development which includes assessment of direct and indirect costs, ‘Advise on the optimal revenue model including inflation, and revenue estimates and payment mechanism. Confirm the total investment amount for the City of Tshwane and conduct Cost Benefit Analysis (CBA) and testi the solution has value for money to society in socio - economic toxms. Prepare an income and cash flow statement forthe total investment amount from the City of Tshwane. Provide a recommendation on the payment mechanisms and affordabilty assessments, including the financial model and financial guarantees from funders. ‘SOCIAL AND ECONOMIC IMPACT ANALYSIS Examine other spin-off effects and development benefits derived from the Garsfontein evelopment such as energy efficiency attributable tothe development, ‘Assess the socio-economic impact on local communities, employmen:, and empowerment ff disadvantage groups. In addition to focus on skis transfer and talent development, 10|Pace 553 58 Bet 562 563 564 et contribution to the local economy, support for local manufacturing, ndustriaisation, and transformation of spatial space. Within the economic analysis, the Transactional Advisor shall undertake a sensitivity ‘analysis to assess the effects of adverse changes in key assumptions that underline the ‘economic analysis including, but not limited to project costs, energy quantities, and implementation delay, STAKEHOLDER MANAGEMENT ‘The Transactional Advisor shall perform an in-depth analysis of each of the participating organization's involvements in the Garsfontein development, including ‘he public and private sectors, as well as organised labour as part ofthe stakeholder engayement analysis and Project structuring exercise. Conclude a consultation plan and consult withthe City of Tshwane Departments ‘The Transactional Advisor shall formulate an appropriate project structure based on the Participating organisations and institutions relevant to this development, including regulatory requirements, funding, and operating model. Provide solution option analysis which sets out the range of possible technical, legal and financial options for delivering the Garsfontein development and ensure significant attention to the solution options analysis to avoid any challenges that could have been identified as, ‘early as in the options analysis, MANAGEMENT OF THE TRANSACTIONAL ADVISOR Its strongly advised that the TA appoints an experienced Project Manager to manage the team with relevant qualifcations and sector knowledge. The Project Manager should coordinate the activities with various TA team members. TEDA will agpoint the successful bidder and the accounting officer, will designate a representative who will oversee the work of the TA directly, M)pag 62 7 7A 72 73 4 78 78 7 ‘The TEDA representative will establish a project team (Project Steering Committee) to engage regularly with the TA to efficient complete the various delivey tems. The Project Steering Committee will meet at least monthly, and the TA’s Project Manager will report progress at these meetings, REPORTING In addition tothe above, meetings will be scheduled to coincide withthe key deliverables of the TA in the delivery ofthe project ‘The TEDA representative, after consultation with Group Property Department, will confirm that the TA has satisfactory completed each deliverable before invoices can be submitted {or payment or remuneration to be approved. ‘The activities are anticipated to take place from the agreed commencement date. Unless otherwise agreed, the activites will be carried out in Garsfontein in the City of Tshwane, Gauteng Province of South Attica. Within two months from the commencement date, the TA will submit an Inception Report Giving a detailed work plan and assignments for everyone in the team. Ths item shall not be remunerated but will be used as a tool to guide the timelines and delverables as expected {rom the appointed TA. ‘The TA will submit monthly progress reports as may be agreed to deseribe the progress of work and further planned actions, an updated work schedule, and any key constraints encountered by the team in the performance of the activites. ‘The monthly detailed progress report and presentation (Ms Powerpcint) in the folowing format Microsoft Word, PDF is required, ‘The reports submitted by the TA will be approved within such a period as willbe agreed with TEDA, to ensure that no delay or disruption to the TA activities. Reports will be submitted in respect of key deliverables for decision making and approval 22IPag aa 82 83 on 02 10. GUIDELINES FOR SUBMISSION OF PROPOSAL ‘The proposals for the envisaged service should be submitted to TEDA before the closing

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