EXXARO COAL MPUMALANGA (PTY) LTD
MATLA COAL MINE
MATLA MINE 1 RELOCATION (MM1R) PROJECT
BULK EARTHWORKS AND UNDERGROUND
SERVICES
ENQUIRY 33404
PART 5
INSTRUCTIONS TO TENDERER
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PART 5 INSTRUCTIONS TO TENDERERS
General Information pertaining this Enquiry
Preamble
To become acquainted with Exxaro’s basic requirements regarding the preparation of your
tender you are advised to study the following sections included in this Enquiry document
Part 1 - Project Synopsis;
Part 2 - Scope of Work;
Part 3 - Site Information;
Part 4 - Engineering Document List;
Part 5 - Preparation of Tender Documents
Part 5.1 Instructions to tenderers;
Part 5.2 Tender Form and Data Sheets; and
Part 5.3 Bill of Quantities
Queries
Commercial queries on this document may be discussed with Maloshni Reddy who can be
reached at Exxaro Corporate Centre, Centurion as follows:
Telephonically 083 384 8791
Electronically Maloshni.Reddy@exxaro.com
Technical queries regarding this project may be discussed with Manis Shumba who can be
reached at at Exxaro Corporate Centre, Centurion as follows:
Telephonically (012) 3077 444/ 082 281 2504
Electronically Manis.shumba@exxaro.com
All other correspondence pertaining this project should be addressed to:
The Manager Capital Buying
Exxaro Corporate Centre
PO Box 9229
Pretoria
0001
Submission of tenders
The tender shall be submitted to Exxaro in PDF format or in a “read only” file, before the closing
date and time, on the Coupa platform.
Tenders delivered to any other address will not be accepted.
Exxaro’s Specifications, Codes of Practice and the volumes of the Enquiry Document
containing information other than the Data Sheets to be completed by the Tenderers shall not
be returned with the tender.
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Contents of Tender
To enable Exxaro to evaluate the Tenderer’s offer in detail on the same comparative basis with
other tender offers, the tender document shall contain all information requested in these
Instructions, the Specification and the Enquiry Data Sheets including the following:
Covering letter.
A list indicating the contents of the tender document and all attachments.
Acceptance of the contractual obligations as per the General Conditions of Contract
(GC 4 – January 2011).
Detailed descriptions of all work and services offered and such technical, design and
performance data, specifications, drawings, overall dimensions, photographs,
illustrative technical literature and diagrams, explanatory of the plant/equipment/work
and services offered. Note: Illustrations or descriptive matter not relevant to work
and services offered should not be included with the tender.
Curricula Vitae (CV’s) of key personnel.
Management and Organizational diagram of people involved with the project.
BEE Information pertaining to Historically Disadvantaged South Africans (HDSA)
(Valid Certificate of Accreditation to be submitted).
The Tender Form and all Data Sheets as may be required and referred to in the
Enquiry document.
Bill of Quantities completed by the Tenderer.
All additional information as called for in the General Technical Specifications.
Cash flow sheets that shall comprise the costs to be incurred by Exxaro, on an
estimated monthly cumulative and non-cumulative basis, for all categories of
activities. These activities shall include, but shall not be restricted to procurement and
construction and shall also reflect any deviation thereto. The approximate value of
price variations (escalation) shall also be included in these Data Sheets.
A preliminary planning program in the form of a simplified bar chart showing the
guaranteed times of the most important activities showing how the Tenderer
proposes to attain these completion dates. Due allowance shall thus be made in the
bar chart for work which in terms of the scope of the enquiry would be Exxaro's
responsibility, e.g. civil design, preparation of civil drawings, Site clearing, levelling,
construction of foundations, etc.
Failure to submit the required tender information and Data Sheets may render the tender
liable to rejection
Compliance with the Enquiry Specification and Conditions
Tenderers shall tender strictly in accordance with the requirements of the Enquiry document.
The quoted prices shall include for the complete plant/ equipment/ work and services specified
and for any additional equipment/ material/ work, etc. considered necessary to complete the
project as per the enquiry specification.
Should the Tenderer be unable to tender in accordance with the conditions and specification
of the enquiry document all such deviations and/or qualifications shall be clearly set out in the
relevant Data Sheet.
A premium for increased risk to Exxaro for deviations from the Enquiry documentation and in
particular for those conditions contained in the Exxaro Standard Terms and
Conditions for provision of Services, will be taken into account by Exxaro during the tender
adjudication process.
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Tenderers are allowed to submit, in addition to the Basic Tender Offer, an alternative tender(s)
in which case the alternative tender(s) shall be accompanied by appropriate Tender Forms,
Data Sheets, specifications, drawings, etc.
Should any equipment and/or plant performance guarantees be affected by such deviation,
this shall be also clearly stated in the tender document.
The Tenderer shall complete and sign the Tender Form and all Data Sheets as may be
required
Discrepancies
The Tenderer shall check the contents of the Enquiry document for completeness prior to
tender submission.
Should any page or portion be found to be missing or figures or writing be indistinct or any
obscurity or doubt arise as to the meaning of any description or particulars of any item or if this
document contains any discrepancies or obvious errors, then the Tenderer shall
immediately inform the Manager, Capital Buying, Pretoria and have the problem rectified or
explained as the case may be.
Should there appear to be any contradictions, discrepancies and/or ambiguities between any
of the documents or parts thereof embodied in the enquiry documents and the drawings, this
should be referred to Exxaro for clarification during the tendering stage.
The Tenderer should note that the drawings and specifications are complementary to each
other and for tender purposes shall be read in conjunction with each other
General Information
Tenders shall remain valid for a period of 60 (sixty) days from the due date for the
receipt of tenders during which period Exxaro shall have the right to accept a tender
without any right of withdrawal on the part of the Tenderer and thereafter until withdrawn
in writing by the Tenderer;
Exxaro will not accept any tender received after the closing date and time stipulated in
the Enquiry document;
Exxaro does not bind itself to accept the lowest or any tender, nor to assign any reason
for the rejection or acceptance of a tender;
No tender shall be deemed as being accepted by Exxaro unless; such an acceptance
has been conveyed to the Tenderer by notice in writing by Exxaro; and
The Tenderer, whether his/her tender is accepted or not, shall treat all details in
Exxaro’s Enquiry document as private and confidential whilst Exxaro will likewise treat
details of the Tenderer’s offer. No information contained in a tender document shall be
disclosed to third parties.
Price Basis
All prices quoted shall be in the currency of the Republic of South Africa (ZAR) and be inclusive
of all applicable taxes, duties, levies and fees but exclusive of Value Added Tax (VAT).
Exxaro prefers fixed price Tenders, i.e not subject to escalation.
Tenders, which will be subject to price variations shall be accompanied with a detailed proposal
in this regard, for consideration by Exxaro (Data Sheet P1).
Terms of Payment
The Terms of Payment as included in Annexure 1 to the General Conditions of Contract (GC
4 – January 2011) shall apply. Any deviations shall be stated in Data Sheet E1 in Part 5.2
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Conditions of Contract
Exxaro’s General Conditions of Contract (GC4– January 2011) shall apply to any
eventual Contract awarded. Any deviations must be stated in Data Sheet E1 in
Part 5.2. Failure by the tenderer to state deviations in Data Sheet E1 will be deemed
acceptance by the Tenderer of the standard Exxaro General Conditions of Contract (GC 4
– January 2011).
BEE Requirements
Exxaro has committed itself to pro-active initiatives to ensure constructive participation by
Historically Disadvantaged South African people in various Exxaro business
opportunities. Through issuing of this Enquiry Exxaro encourages fair competition
opportunities and will embrace or give preference in terms of the Exxaro Preferential
Procurement Policy and related law and regulations to suppliers with proven capacity and that
have strong BEE credentials (i.e. maximum of 25% (twenty five per cent) + 1 (one) vote of
share capital owned by Historically Disadvantaged South African plus level 1 to 4 BBBEE
recognition status.
Conflict of Interest
Tenderers shall clearly indicate in Data Sheet C1, any situation or relationship vis-à-vis any
Exxaro official/s that may reasonably be construed as constituting a conflict of interest. Exxaro
in its sole discretion shall then decide on a suitable course of action. Tenderers shall note that
in the absence of such an indication, which failure later proves to have been in bad faith,
Exxaro reserves all its rights including but not limited to compensation for damages.
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