APPOINTMENT OF SERVICE PROVIDERS TO UNDERTAKE AN ASSESSMENT OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT ACT NO. 16 OF 2013 IN ORDER TO PROPOSE AMENDMENTS TO SPLUMA.

1.12 "Force majeure" means an event beyond the supplier's control and not involving the fault or negligence of the supplier and unforeseeable. 1.15 "Goods" means all equipment, machinery and/or other materials that the supplier is required to supply to the buyer under the contract. 1.17 “Local Content” means that part of the bid price that is not included in the imported content provided that local production is done.

Within thirty (30) days of receipt of contract award notice. security the successful bidder shall provide to the buyer the performance security of the amount specified in SCC. Such notice, whether in the original bid or later, shall not relieve the supplier of any liability or obligation under the contract. As soon as possible after receipt of Supplier's notice, Buyer shall evaluate the situation and may, in its sole discretion, extend Supplier's time for performance, with or without the imposition of penalties, in which case the extension by the parties shall be confirmed by an amendment. of agreement.

PART B

TERMS AND CONDITIONS FOR BIDDING

AUTHORITY TO SIGN THE STANDARD BIDDING DOCUMENTS (SBD) ON BEHALF OF AN ENTITY

Accept that failure to submit proof of Authorization to sign the tender shall result in a Tender Offer being regarded as non-responsive

AUTHORITY OF SIGNATORY

MABEL HOUSE (Pty) Ltd

By resolution of the Board of Directors taken on 20 May 2000,

Contract no CRDP 0006, and any contract which may arise there from,

SIGNED ON BEHALF OF THE COMPANY: (Signature of Managing Director)

SIGNATURE OF SIGNATORY: (Signature of A.F Jones)

As witnesses

TAX CLEARANCE CERTIFICATE REQUIREMENTS

Applicant details Name/Legal name (Initials & Surname or registered name) Trade name (if applicable). ID/Passport no Income tax number no VAT registration no Customs code Phone number no E-mail address. Signature applicant/official Name applicant/. Making a false declaration is a serious crime. a) fails or neglects to file, submit or file any declaration or document as and when required by or under this Act; or (b) refuses or omits to-. i) provide, produce or make available information, documents or things; ii) answer or answer truthfully and completely to all questions put to him.

SARS will under no circumstances issue a tax clearance certificate unless this form is completed in full.

DECLARATION OF INTEREST

ANNEXURE B

Any legal person, including persons employed by the state¹, or persons having a kinship with persons employed by the state, including a blood relationship, may make an offer or offers in terms

Position occupied in the Company (director, trustee, shareholder², member)
Registration number of company, enterprise, close corporation, partnership agreement or trust
Are you or any person connected with the bidder YES / NO presently employed by the state?

If so, furnish the following particulars
If you are presently employed by the state, did you obtain YES / NO the appropriate authority to undertake remunerative

Did you or your spouse, or any of the company’s directors / YES / NO trustees / shareholders / members or their spouses conduct

If so, furnish particulars

Do you, or any person connected with the bidder, have YES / NO any relationship (family, friend, other) with a person

Are you, or any person connected with the bidder, YES/NO aware of any relationship (family, friend, other) between

Do you or any of the directors / trustees / shareholders / members YES/NO of the company have any interest in any other related companies

Note: Failure to provide proof of such authority, if any, may result in disqualification from the bid. I ACCEPT THAT THE STATE MAY REJECT THE OFFER OR ACTION AGAINST ME IF THIS STATEMENT PROVES INCORRECT.

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

THE NATIONAL INDUSTRIAL PARTICIPATION PROGRAMME

INTRODUCTION

The NIP obligation is benchmarked on the imported content of the contract. Any contract having an imported content equal to or exceeding US$ 10 million or other
The NIP obligation applicable to suppliers in respect of sub-paragraphs 1.1 (a) to 1.1 (c) above will amount to 30 % of the imported content whilst suppliers in respect of
To satisfy the NIP obligation, the DTI would negotiate and conclude agreements such as
A period of seven years has been identified as the time frame within which to discharge the obligation

2 REQUIREMENTS OF THE DEPARTMENT OF TRADE AND INDUSTRY 2.1 To ensure the effective implementation of the program, successfully.

The purpose for reporting details of contracts in excess of the amount of R10 million (ten million Rands) is to cater for multiple contracts for the same goods,

3 BID SUBMISSION AND CONTRACT REPORTING REQUIREMENTS OF BIDDERS AND SUCCESSFUL BIDDERS (CONTRACTORS)

Bidders are required to sign and submit this Standard Bidding Document (SBD 5) together with the bid on the closing date and time

In order to accommodate multiple contracts for the same goods, works or services; renewable contracts and multiple suppliers for the same goods, works

The information required in paragraph 3.2 above must be sent to the Department of Trade and Industry, Private Bag X 84, Pretoria, 0001 for the attention of Mr

4 PROCESS TO SATISFY THE NIP OBLIGATION

Once the successful bidder (contractor) has made contact with and furnished the DTI with the information required, the following steps will be followed
The NIP obligation agreement is between the DTI and the successful bidder (contractor) and, therefore, does not involve the purchasing institution
GENERAL CONDITIONS
BBEE STATUS LEVEL OF CONTRIBUTOR 20 Total points for Price and BBEE must not

DEFINITIONS
POINTS AWARDED FOR PRICE
POINTS AWARDED FOR B-BBEE STATUS LEVEL OF CONTRIBUTOR
BID DECLARATION
B-BBEE STATUS LEVEL OF CONTRIBUTOR CLAIMED IN TERMS OF PARAGRAPHS 1.4 AND 4.1
SUB-CONTRACTING
DECLARATION WITH REGARD TO COMPANY/FIRM

CERTIFICATION
CERTIFICATE OF INDEPENDENT BID DETERMINATION

Pursuant to Regulation 6 (2) and 7 (2) of the Preferential Procurement Regulations, preference points must be awarded to a tenderer in order to achieve the B-BBEE status level of. In the event that a contract is awarded as a result of points being claimed as shown in clauses 1.4 and 6.1, the contractor may be required to provide evidence to the purchaser's satisfaction that the requirements are correct. If the B-BBEE status level of Contributor has been claimed or obtained on a fraudulent basis, or if any of the contract conditions have not been met, the purchaser may, in addition to any other remedy it may have –. a) disqualify the person from the tender process;.

2 It serves as a statement that institutions can use to ensure that all reasonable steps are taken when purchasing goods and services to prevent misuse of the supply chain management system. Companies or individuals included in this Database have been informed in writing of this restriction by the Accounting Officer/Authority of the institution that imposed the restriction following application of the audi alteram partem rule. The database of restricted vendors is now on the National Treasury's website (www.treasury.gov.za) and can be accessed by clicking the link at the bottom of the home page.

The Register of Tender Failures can be accessed on the National Treasury website (www.treasury.gov.za) by clicking on its link at the bottom of the home page. I am authorized by the bidder to sign this Certificate, and submit the accompanying bid, on behalf of the bidder;. Any person whose signature appears on the accompanying bid is authorized by the bidder to determine the terms of the bid and to sign the bid on behalf of the bidder;

Furthermore, there have been no consultations, communications, agreements or arrangements with any competitor regarding the quality, quantity, specifications and terms or details of the provision of the products or services to which this invitation to bid relates. The terms of the accompanying offer have not been disclosed and will not be disclosed by the offeror, directly or indirectly, to any competitor prior to the date and time of the official opening of the bid or the award of the contract.

DEPARTMENT OF RURAL DEVELOPMENT AND LAND

We hereby request and authorize you to pay any amount due to me/us to the credit of my/our account in the said bank. I/we understand that the credit transfers hereby authorized will be processed by computer through a system known as "ACB - Electronic Fund Transfer Service" and I/we understand that my/our bank will not provide further information about payment but that the details of each payment will be printed on my/our bank statement or any accompanying voucher. I/we understand that the department will provide a payment advice in the normal way and that it will indicate the date on which the funds will be made available in my/our account.

This authorization may be canceled by me/us by giving thirty days notice by prepaid registered post. I/we understand that bank details provided must be accurate as per the records kept by the bank. I/we understand that the Department will not accept responsibility for any delayed payments due to incorrect information provided.

REFORM

This does not apply if it is not customary for banks to provide bank statements). PW1423 This field is mandatory and must be filled by an employee of the concerned bank.

TERMS OF REFERENCE FOR THE APPOINTMENT OF SERVICE PROVIDERS TO UNDERTAKE AN ASSESSMENT OF THE SPATIAL

INTRODUCTION

The Department of Agriculture Land Reform and Rural Development (DALRRD) Branch: Spatial Planning and Land Use Management (SPLUM) seeks to appoint
The Department seeks to appoint suitably qualified and experienced service providers, primarily legal experts, who may be contractually engaged for eighteen

BACKGROUND AND PROBLEM STATEMENT

The SPLUMA has been in operation since 1 July 2015 and the SPLUMA regulations were published on 23 March 2015. It is almost five years since the
Since the Act came into operation, the Branch SPLUM has implemented various mitigation and support measures to ensure the smooth and effective
Working group 1 was tasked with the responsibility of policy and legislation. The projects undertaken included (but not limited to) Provincial Spatial Planning and

OBJECTIVES

To appoint a Service Provider to assist in the review of SPLUMA in order to propose amendments as agreed with the Branch Spatial Planning and Land Use
To provide an assessment of the Spatial Planning and Land Use Management Act No. 16 of 2013 (SPLUMA) in order to propose amendments to the Act, by
To recommend on SPLUMA amendments 4. SCOPE OF WORKS
The project scope includes the following but is not limited to

PROJECT DELIVERABLE

The appointed service provider will be required to deliver a

SPECIFIC SKILLS SET SOUGHT BY THE DEPARTMENT AND LINKED TO THE DEFINED BROAD CATEGORIES ABOVE INCLUDES THE FOLLOWING
GENERAL CAPABILITIES OF PROSPECTIVE BIDDERS

The Skills set and abilities required in the teams to execute a specific project will include the following
It is therefore required that the appointed service provider(s) must ensure that people with relevant skills are part of the project team to be utilised during eighteen

PROJECT TIME FRAME AND COST

It is expected that the project is completed over a period of eighteen (18) months
An amount for the final draft is payable upon ratification by the Department
Monthly reports (per phase) will be forwarded by the service provider to the designated project manager. The service provider will be required to report via a

CONTENTS OF THE PROJECT PROPOSAL

A clear and concise project proposal covering the aspect listed below is required;

PROJECT MANAGEMENT WITHIN DALRRD

This project will be managed by a team consisting of officials from the Department of Agriculture Land Reform and Rural Development
The service provider and all team members that will be directly involved in the project will be expected to attend all progress report meetings as scheduled and
The selected team members shall stay the same for the duration of the project and cannot be changed without prior discussions with and approval from the DALRRD
Staffing requirements identified on the onset of the project shall remain unchanged for the duration of the project unless prior written consent has been granted by the
All team members that will be directly involved in the project may, at the sole discretion of the Chief Director: Planning Facilitation, be expected to attend all

MANDATORY REQUIREMENTS

Compliance with all Tax Clearance requirements: Attach Valid Tax Clearance Certificate/ Compliance Tax Status Pin, Central Supplier Database Number, where
A company resolution letter authorizing a particular person to sign the bid documents

TERMS OF REFERENCE FOR THE APPOINTMENT OF SERVICE PROVIDERS TO UNDERTAKE AN ASSESSMENT OF THE SPATIAL. The work of the Working Group was to delay the legislative work required by provinces to complete their provincial legislative work. Drafting of the proposed recommendations on the SPLUMA amendments and their nature.

Analysis of the impact of the amendments to the SPLUMA on areas of municipal by-laws and existing Provincial Planning legislation where applicable (e.g. Identification of other legislative matters that need to be addressed as a result of the amendments to SPLUMA, e.g. repeal of legislation. Report on the implications on the sections of the model SPLUMA municipal by-laws, provincial legislation and SPLUMA regulations.

The selected team members will remain the same for the duration of the project and may not be changed without prior discussion and approval by DALRRD. Staffing requirements identified at the start of the project will remain unchanged for the duration of the project, unless prior written consent is given by the PA for the duration of the project, unless prior written consent is given by DALRRD. All team members who will be directly involved in the project are, in the sole discretion of the Principal Director: Planning Facilitation, expected to attend all Principal Director: Planning Facilitation judgments are expected to attend all meetings of progress report as planned.

Due to the urgency of the project, time is of the essence for this process and all work will be delivered in a timely manner. 11.1.3 The team leader must be a legal practitioner registered with the Southern Society of South Africa and admitted to the National Bar Council of South Africa or the Pan African Bar Association of South Africa or the General Council of South African Bar (a copy of a valid certificate showing that the member is in good standing must be attached).

Table 1: PROJECT PHASES (Financial years 2020-2021 and 2021-2022)

12 FINANCIAL PENALTIES

Financial penalties shall be imposed for agreed-upon milestones, targets, and deadline not met without providing

Payments will be made only for work performed to the satisfaction of the DALRRD

Original invoices to substantiate all costs must be provided. The invoices should include the Department’s order number that will be provided to the selected service

13 UNDUE DELAY REMEDIES

Should it be found that the delay of the project in terms of the agreed time period is unreasonable then for every 5 (five) days or other stipulated time frame there

14 RETENTION

The Department of Agriculture, Land Reform and Rural Development shall retain 10% of the total project cost in the case of late or non-delivery
The service provider shall forfeit the total payment per milestone in the case of the project being delayed for longer than 30 days after milestone due date
The service provider may apply to the Department for an extension on the delivery date on any milestone – provided that the service provider gives valid reason(s) to
EXTRA WORK

Any costs for extra work by the service provider, incurred over and above this bid which, in the sole opinion of the Chief Director: Planning Facilitation is due to

REPORTING AND ACCOUNTABILITY

During the execution of the project, the service provider must submit regular progress reports and attend meetings at intervals as determined by the project
All electronic and hard copy information captured/utilised to provide the output of the project remains the property of DALRRD. This data should be surrendered to
The project will be signed off by the Chief Director: Planning Facilitation when

EVALUATION CRITERIA

First Stage - Evaluation of Functionality
Second Stage - Evaluation in terms of 80/20 Preference Points System Only bids that achieve the minimum qualifying score for functionality will be
Calculation of points for price
Calculating of points for B-BBEE status level of contribution

BBEE Status Level of

This information must be turned over to the Department at the end of the project and cannot be used or shared with any other party for profit or otherwise without DALRRD's written permission. The project will be signed off by the CEO: planning assistance when: .. a) all finished products (see list) will be delivered and. In the first phase, bids will be evaluated based on functionality, in the second/final phase, according to an 80/20 priority on functionality, and in the second/final phase, according to the 80/20 priority points system, as set out above.

The evaluation of the functionality will be evaluated individually by members of the tender evaluation committee in accordance with the below functionality criteria and. The composition of the technical team to be used in the execution of the project consists of a minimum of 3 planners registered as professionals with SACPLAN with 10 years of post-qualification experience in spatial planning and land use (Attach copies of a valid certificate that states member in good time standing must be attached and CVs clearly set out a detailed profile of their previous work experience The company must have completed at least 3 similar projects within the last 5 years in policy development, spatial planning and land use (e.g.

5) 5 (Five) similar projects and more successfully completed-Excellent= 5. ABILITY The company must have successfully completed at least 3 similar projects in the last 5 years in legal drafting,. A broad overview of approaches and methodologies that can be used to execute the project according to the scope of work. A project plan that demonstrates a coordinated approach to how the various project deliverables will be managed against timelines.

Bidders who do not achieve a minimum of 60 out of 100 points for functionality will be disqualified. Points will be awarded to an entrant for reaching the B-BBEE status level of contribution in accordance with the table below:.

Contributor Number of Points (80/20 system)

TERMS AND CONDITIONS OF THE BID

The service provider should commence with the project within five (5) days after receiving the letter of appointment and the service level agreement signed
During the execution of the project, the service provider is required to give reports on the progress of the project. It is the responsibility of the service provider to
Any deviation from the project plan should be put in writing and signed by the
Any suggestions during the progress meetings, once accepted by both parties, shall form part of the contract
When DALRRD accepts the final product, the appointed service provider will be liable to correct errors and fill gaps that may be discovered in the data/project, at

It is the responsibility of the service provider to determine the progress of the project. It is the service provider's responsibility to organize the progress report meetings, and to instruct one of their representatives to take minutes and circulate them to the steering committee members. This condition will apply for a period of one month from the day the project is completed and submitted to DALRRD.

OUTCLAUSE

The Department of Agriculture, Land Reform and Rural Development reserves the right not to appoint if suitable candidates are not found, at the complete discretion
The department reserves the right to terminate the contract in the event that there is clear evidence of non-performance

CONTACT PERSON FOR TECHNICAL ENQUIRIES 1 All enquiries related to this bid call must be forwarded to

5/2/2/1- DARLRRD 0034(2020/2021)

CLOSING DATE: 29 OCTOBER 2020 @ 11:00

FINANCIAL PROPOSAL – PART 2 OF 2

DARLRRD 0034 (2020-2021)

PRICING SCHEDULE FOR THE APPOINTMENT OF SERVICE PROVIDERS TO UNDERTAKE AN ASSESSMENT OF THE

Report on SPLUMA

Phase 3: Draft SPLUMA

Phase 6. Final Report