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Terms of Reference for the appointment of an Operator to run the Retail Nursery at the Walter Sisulu National Botanical Garden.

Walter Sisulu National Botanical Garden,

City of Johannesburg (Roodepoort) /Mogale City

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TABLE OF CONTENTS

1. BACKGROUND 3

2. BRIEFING SESSION 3

3. SUBMISSION OF TENDER 4

4. TENDER DOCUMENTATION AVAILABILITY 4

5. GENERAL TERMS 4

6. REQUIREMENTS 5

7. THE RETAIL NURSERY OBJECTIVES 6

8. CONRACT PERIOD 7

9. CONFIDENTAILITY 7

10. PREPARATION OF PROPOSAL 7

11. THE NURSERY 7

12. USE OF THE NURSERY 7

13. MANAGEMENT AND STAFFING 11

14. SUPPORTING DOCUMENTS 13

15. EVALUATION CRITERIA 15

16. COMPLIANCE MONITORING AND EVALUATION 16

17. GENRAL GARDEN BYLAWS 16

ANNEXURE 1 TO ANNEXURE 5 17

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1. BACKGROUND

The South African National Biodiversity Institute (SANBI) requires an Operator to run the Retail Nursery

at the Walter Sisulu National Botanical Garden (WSNBG). The WSNBG is located in a beautiful setting

on the outskirts of Johannesburg. It is approximately 15km from Randburg and 25km from the centre of

Johannesburg, accessible from the N1 and main arterial roads.

The Ruimsig/Poortview area, in which the Garden is located, is one of the fastest developing up-market

residential areas in Johannesburg. This Garden is one of the fastest growing eco-tourism destinations

in the Gauteng Province.

In 2015/16 financial year, the WSNBG received a total of 292 726 visitors, recording a 22% growth

compared to 2014/15.

This nursery is to operate 7 days a week, 365 days a year, unless otherwise agreed with the SANBI

and open at least from 08h30 to 17h00.

Current entrance fee to the Garden until end of March 2017 are in the below table, however clients of

the nursery only use a separate entrance and they do not pay the entrance fees if not entering the

Garden.

Adults R40

Students R27

Pensioners R27

Scholars R15

Under 6 Free

2. BRIEFING SESSION

This is compulsory and will be conducted as follows:

Date: 1 June 2017

Time: 13:00

Venue: Imbizo Training Centre, Walter Sisulu National Botanical Garden, end of Malcolm Road,

Poortview, Roodepoort, Gauteng Province.

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3. SUBMISSION OF TENDER

Tenderers are to submit one (1) pack of original proposals, marked “ORIGINAL” in a separate envelope

and three (3) packs of copies, marked “COPY” in a second envelope.

NB! Failure to submit 1 pack of original and 3 packs of copies, will lead to your bid being

disqualified.

Tenders can be submitted in the tender box located in the Pretoria National Botanical Garden at the

Biodiversity Building, 2 Cussonia Avenue, Brummeria, Pretoria, during office hours (08h00 – 16h00).

Tenders may also be submitted by post, addressed to:

SCM Manager

South African National Biodiversity Institute (SANBI)

Private Bag X101

Silverton

0184

Tender Number: SANBI: G274/2017

NB: all documents must be clearly labelled.

Closing date for submissions is: 11h00 on 19 June 2017

Note: E-mail and faxed submissions will not be accepted. Late submissions will be disqualified.

4. TENDER DOCUMENTATION AVAILABILITY

No tender documents will be issued at the briefing session, bidders are requested to download the

tender documents from the SANBI website www.sanbi.org

5. GENERAL TERMS

All documents submitted in response to this Terms of Reference (ToR) must be written in English.

Tenderers shall not assume that information and/or documents supplied to the Walter Sisulu National

Botanical Garden / SANBI at any time prior to this ToR, are still available or that they will be

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considered, and shall not make any reference to such information and/or documentation in its response

to the ToR.

Each tender will be valid for a period of three months calculated from the closing date of this tender.

Any enquiries in connection with this ToR shall be submitted in writing to the following e-mail address:

m.matlala2@sanbi.org.za, or tel: 012 843 5235 referring your request to:

‘Tender number: SANBI:G274/2017, the appointment of an Operator to run the Retail Nursery at

the Walter Sisulu National Botanical Garden as the subject.

For any technical information contact:

Ms Xolelwa Mokoena, Curator: Walter Sisulu National Botanical Garden, at Tel: 086 100 1278 or at

the following e-mail address: x.mokoena@sanbi.org.za

The appointment as a successful Tenderer shall be subject to all parties agreeing to mutually

acceptable contractual terms and conditions. In the event of all parties failing to reach an agreement

within 30 days from the appointment date, the SANBI reserves the right and shall be entitled to appoint

the next preferred tenderer, or to re-advertise should that tenderer not be acceptable.

6. REQUIREMENTS

Each tender document must include the following:

a) A copy of the latest Audited Financial Statement.

b) A valid original Tax Clearance Certificate.

c) A certified copy of Liability Insurance Cover for the company and the amount available per

claim.

d) A valid copy of the Unemployment Insurance Fund (UIF) registration.

e) Letter of Good Standing from the office of the Compensation Commissioner and

registration certificate as required through the Compensation for Occupational Injuries

and Diseases Act (COIDA).

f) Company information and profile: mission statement and policies with an indication of the

management, communication and supervision structures. Include a section on approach to

managing staff.

g) The services the company is capable of providing.

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h) Track record/references for verification purposes: The names and contact details for three

traceable references relating to any current or previous services. In addition, provide a brief

description of the scale, scope and monetary value of these projects.

Please make use of the attached check list to ensure that all documentation has been supplied (refer to

Annexures 1 to 5). Failure to submit the required documentation will lead to disqualification.

7. THE RETAIL NURSERY OBJECTIVES

The Operator will be required to provide a service that maximizes the attractiveness and usage of the

Garden by:

a) Creating a concept that is interesting, attractive and in- keeping with the overall ambience of the

Garden as a whole

b) Offering indigenous plants stock that has some sort of specialty as a draw card

c) Sourcing the product that compliments the garden environment and ecotourism

d) Offering small quantities of gifts, books and souvenir products which will promote

WSNBG

e) Offering indigenous plants of high quality

f) Offering high quality garden items such as bird feeders etc.

g) Ensuring that the product range appeals to all categories of Garden visitors

h) Ensuring that products are priced competitively and offer value for money

i) Adopting attractive and eye catching presentation and merchandising techniques and

j) Attempting to always stock plants that are in flower in the garden.

7.1 In return for this opportunity the Operator will:

a) Pay a minimal monthly rental of R6000.00 or 10% turnover (whichever is greater)

b) Present SANBI with audited financial accounts at the end of each financial year

c) Be responsible for paying all operational overheads including electricity, water, refuse

removal, cleaning of the operating area, telephone, security costs.

7.2 The SANBI reserves the right:

a) To verify any information supplied in tender documents.

b) Not to appoint any Operator.

c) To cancel or withdraw this ToR at any time without attracting any penalties or liabilities.

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d) To appoint one or more Operators, depending on the outcome, to separately or jointly be

responsible for the provision of this service on the campus.

e) To have the final say in the appointment and this will be binding.

f) To disqualify a tender or cancel any subsequent contracts should it be found that information

disclosed was factually inaccurate and/or that a misrepresentation of facts may have occurred.

g) To disqualify potential Tenderers who may attempt to bribe or influence any person employed

by SANBI during the course of this tender process.

8. CONTRACT PERIOD

The contract duration is 5 years (60 months) with the possibility of further 5 year continuity. The

contract is performance – based and maybe terminated if the Operator does not meet the required

standard.

9. CONFIDENTIALITY

Any or all information made available to the Tenderers by the SANBI shall be regarded as confidential

and shall not be made available to third parties without prior written consent of the SANBI.

10. PREPARATION OF PROPOSAL

The SANBI shall not be held liable for any cost that has been incurred by the Tenderers in the

preparation of the proposal, the obtaining of certificates or any other cost that might be incurred in

submitting the proposal.

11. THE NURSERY

The nursery will reflect the overall theme of the Entrance and general Garden and making use of

natural materials as far as possible will be appreciated. The nursery has a total indoor shop space of

48.8m2 and outdoor area of 941m².

12. USE OF THE NURSERY

The Operator will not be able to use the nursery for any purposes other than those indicated in this

document, without prior written consent from the SANBI. Similarly the SANBI will not be able to use the

nursery facility without the Operator’s prior written consent.

a. Equipment, fixtures & fittings

The Operator will be expected to add whatever moveable equipment, fixtures and fittings

necessary for it to maximize revenue opportunities and provide a high standard of retailing at

the Garden. Moveable items will remain the property of the Operator. Details of these fixtures

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and fittings, etc. are to be submitted in the Forms of Tender. Further details on what the SANBI

is looking for in terms of nursery concept, etc. are given in section 12.

b. Maintenance

The Operator will be responsible for the day-to-day maintenance of its facilities, all surfaces,

fixtures, fittings and equipment. Any equipment is to be serviced, maintained and/or replaced by

the Operator, at its own expense, in order to provide a continuous retail service at the Garden.

Any equipment purchased by the SANBI will remain the property of the SANBI and is to be

returned in the condition it was originally handed-over with fair wear and tear taken into

consideration. Should the SANBI consider it necessary, independent equipment specialists

may be called to inspect and repair or replace any equipment supplied by the SANBI and the

cost thereof will be refunded to the SANBI by the Operator.

The SANBI will be responsible for all structural maintenance to the building unless any repairs

are required as a result of Operator negligence or customer vandalisation.

c. Cleaning

The Operator will be responsible for the cleaning of the nursery facilities. These facilities are to

be cleaned to a high visual standard. The SANBI will be responsible for cleaning of all public

areas not attached to any leased premises.

d. Smoking

No smoking will be allowed in any of the SANBI buildings – only outdoor areas in line with the

relevant legislation.

e. Advertising

The Operator will not be allowed to advertise anywhere in the Garden without prior written

approval of the SANBI.

f. Marketing

The Operator will be required to invest in marketing the Retail Nursery. Where appropriate the

SANBI will promote the nursery as much as possible and in return the Operator will be expected

to promote the Garden.

g. Signage

The SANBI will be responsible for providing and maintaining directional signage to the nursery

within the Garden and in public areas. The Operator will be responsible for providing signage

within its facilities such as the name of the outlet, till point, emergency exits. All signage is to be

approved by the SANBI. Signs are to be in keeping with the overall design of the nursery. Hand-

written signs will not be allowed unless in emergency. Neither notices nor signs are to be

displayed outside the nursery without the prior written consent of the SANBI.

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h. Refuse

The Operator will be expected to remove all general refuse from the nursery on a daily basis.

Refuse will be removed weekly from the service area by the SANBI. Refuse should not be

visible to customers. The Operator will be expected to pay a monthly fee for refuse removal to

the SANBI.

i. Security

The Operator will be responsible for paying for an Armed Response alarm service (same

company which is used by the SANBI) and any upgrades to the alarm system should this be

necessary. The Operator will also be responsible for the provision of a safe and all cash-

handling on site.

There is a 24-hour security patrol within the Garden which would also patrol the nursery area.

The Operator is not required to make any contribution towards the cost of this security service

as it is fully paid by the SANBI.

j. Emergency procedures

The Operator will be expected to familiarize its staff with the SANBI’s emergency procedures

particularly in respect of fire equipment, suspicious objects and armed robbery. The Operator

will be called upon to co-operate in the arrangement of practice drills and emergency

procedures.

All staff are to be familiar with instructions on how to use fire appliances. These will be supplied,

regularly inspected and tested by the SANBI. Staff knowledge of the emergency procedures and

how to use fire equipment will be tested on a random basis by the SANBI or its consultants.

k. Telephone

The Operator should organize the installation of and payments for a telephone.

l. Licenses

All trading licenses and required permits must be obtained and maintained by the Operator.

m. Parking

Staff parking will be available in the parking area at the nursery. The exact number of bays is to

be negotiated with the SANBI.

n. Safety

The SANBI requires full compliance with the Occupational Health and Safety Act (OHASA) and

in particular Section 37 that deals with the responsibilities incumbent with mandatories.

The provision of First Aid boxes and the training of staff in basic First Aid will be the

responsibility of the Operator. All accidents and injuries are to be reported to the SANBI and

recorded in the Operator’s Accidents and Injuries book.

o. General

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The Operator will be expected to comply with any reasonable request from the SANBI and will

have regard to the SANBI’s position on the environment and ecology.

12.1 The required retail service

a. The Nursery and its content

The nursery is to be special and this could be achieved in its design, stock, ambience and/or

merchandising techniques. The SANBI requires products to be different from those available in

the surrounding areas and to cater for locals as well as domestic, regional and international

tourists. The Operator will be expected to offer unique product ranges and continually research

new ideas.

Ideas for nursery stock include (plant material to be all indigenous):

Trees

Shrubs

Succulents,

Groundcovers

Bulbs

Water plants

Medium/soil (Potting soil and compost)

Pebbles

Garden tools – limited range

Seeds

Water features

Pots

Log-rolls

Gardening Magazines

Books

Gifts and Souvenirs

Trellis

Garden furniture

Water wise plants

The Nursery may stock items recommended by the Garden (e.g. specific plants on special

events).

The Nursery may not stock any food items (other than cold drinks, chocolates and snacks).

Tenderers are to submit within the Forms of Tender full details on how they propose developing

and operating this nursery including likely stock items, selling prices, sketches, photos, sample

boards, staff uniforms, marketing plan, etc.

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The SANBI will only consider proposals that comply with its mission to conserve and promote

the biodiversity of South Africa.

b. Method of payment

The Operator is to accept all major credit cards and cash (speed point machine).

c. Selling Prices

Selling prices submitted with the Forms of Tender are to remain valid for a period of 6 months

from the date of submission of the Tender unless otherwise agreed with the SANBI.

Selling prices are to represent good value for money and be market-related. All selling prices

are to be clearly displayed by the Operator and are to include VAT.

d. Packaging

Packaging when needed should be eco-friendly wherever possible.

13. MANAGEMENT & STAFFING

a. Administration

The Operator is to nominate a representative who will be primarily responsible for liaison, co-

ordination and communication with the SANBI. Frequency of formal meetings will be agreed at

commencement of the Operator’s contract.

b. Standard monitoring

The SANBI will inspect the nursery either directly on a quarterly basis, or more frequently as

required to ensure that the specifications set down in this document are being adhered to.

The inspections will include but not be limited to:

- Standards and speed of service

- Cleanliness and general housekeeping;

- Product range - as per information supplied in the Forms of Tender;

- Pricing and value for money; and

- General merchandising and ambience.

In the event of specification and lease anomaly reports indicating results below pre-determined

and agreed standards, the Operator will be given a written warning and two weeks to take the

necessary action (or as agreed between both parties). Should the Operator fail to reach levels

of acceptability after a second assessment carried out within one month of the previous visit, a

second warning will be issued and a further two weeks given (or otherwise agreed by both

parties) to rectify the problem. If after a third assessment, standards are still below levels of

acceptability, the Operator may be served a termination notice in terms of the lease.

c. Standards of Service

In particular the Operator’s staff will be assessed on:

- how they greet and thank customers,

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- friendliness and general attitude,

- efficiency,

- dress code,

- cleanliness of uniforms,

- personal hygiene,

- plant (especially indigenous plant) knowledge and

- speed of service.

d. Insurance

The Operator will be responsible for his/her own insurance and on request will provide the

SANBI with proof of the following insurance:

- UIF , WCA;

- employers liability;

- public liability relating to the service being offered and during any shop-fitting; and

- any loss or damage to cash, its own equipment, stock and property.

The SANBI will be responsible for insurance against its own public liability and any loss or

damage to its property by fire or theft.

e. Complaints, comments & compliments

All complaints, comments or compliments regarding the nursery and the Garden must be

forwarded to the SANBI.

In circumstances of a legitimate complaint concerning the standards of a product, the customer

should be offered either a refund or replacement.

f. Management reporting

The SANBI requires the following monthly reports from the Operator:

- Daily number of transactions/customers;

- Typical average spends; and

- Daily net sales revenue.

At the end of each financial year, the Operator will be required to present SANBI with audited

financial accounts. Statistics of visitors who only entered the nursery and not the garden will be

required on a monthly basis.

g. Staffing

The Operator will be entirely responsible for the employment and conditions of service of its own

employees according to relevant South African legislation and will employ persons who have a

high knowledge of plants and gardening.

Any member of staff who reports to duty suffering from any illness and who is likely to put

colleagues and customers at risk should be discharged from duty until such a time as they are

fit to resume normal duties.

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It will be the Operator’s responsibility to ensure that all labour legislation is complied with,

including the Employment Equity, Skills Development, Labour Relations and Basic Conditions of

Employment Acts. The Operator must not do anything that causes industrial unrest within the

SANBI premises or amongst its staff.

The SANBI reserves the right to veto the employment of any member of the Operator’s staff in

order to ensure the best interests and security of the Garden is maintained.

The Operator’s staff in departments where such knowledge is required will be expected to be

knowledgeable about the Garden and other facilities. To assist in this regard, the SANBI may

hold short briefing sessions as necessary. New staff will be expected to attend as well as those

requiring an up-date.

h. Termination of contract

Should standards of service, quality of products, continuity of operation and other operational

aspects lapse and continue to do so after written warnings from the SANBI, the SANBI will have

the authority to issue a termination of contract in terms of the lease. The Operator has a right

also to terminate the contract giving three months written notice.

i. Disputes

If any dispute or difference of opinion arises between the SANBI and the Operator in connection

with the lease or the carrying out of duties under the lease, agreement is to be reached by

amicable discussions. Failing such agreement the dispute shall be referred to an independent

person of good repute and standing agreed by both parties. If the parties are still not able to

agree the arbitration clauses in the lease will apply.

j. Inconsistencies

If there are any inconsistencies in these documents or in explanations given to Tenderers

including inconsistencies between this documentation and the signed lease, then the lease will

apply.

14. SUPPORTING DOCUMENTS

a. Stock and pricing

Since the nursery content will be one of the key criteria on which the contract will be awarded,

Tenderers are advised to give as much information as possible on their intended stock including

selling prices. Information should include descriptions and any other information the Tenderer

considers will enhance its presentation (see Annexure 1).

b. Capital investment

Tenderers must indicate how much they will be initially investing in the nursery (see Annexure

2).

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c. References & current clients

Tenderers are required to submit details of at least three clients/references (see Annexure 3).

d. Tenderer’s history

Each Tenderer is to submit details of its history and relevant experience (see Annexure 4) as

well as a company profile as requested.

e. Using your evaluation of the existing Nursery site, draw up the site plan indicating customer flow

and placement of stock according to plant needs i.e. water, light and plant types. (See

Annexure 5)

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15. EVALUATION CRITERIA

FUNCTIONALITY CRITERIA POINTS

Suitable stock range ( provide list of stock) 10

Track record (experience in the nursery industry)

Supply a list of at least three current and past traceable

references relating to the work in the Nursery Operation

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Team Capacity

The Tenderer should demonstrate the project team and

personnel’s capacity to be utilized in the execution of the

contract (personnel skills, qualifications and experience) in the

horticultural area and administration support in the company.

Each CV submitted should not be longer than three pages in

total and should be structured as follows:

- Related experience and professional

qualifications.

- Brief description of individual’s experience of

similar work in the last five years.

- Name of previous employer/s and position in the

enterprise/s.

- Role in the service to be provided in this tender

(Please attach personnel CV’s indicating the

above)

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(5)

(5)

(5)

(5)

Proposed concept of operation

- Marketing plan

- Staffing

- Customer relation

- Health and Safety

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(5)

(5)

(5)

(5)

Concept design and Site Plan refer to Annexure 5 30

TOTAL 100

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Any Bidder who scores less than 70 points (out of 100) in terms of Functionality (Criteria 1, 2, 3

and 4) will not be eligible for further evaluation.

The second stage will be evaluated in accordance with the Preferential Procurement Regulations,

2011, pertaining to the Preferential Procurement Policy Framework Act (No. 5 of 2000), the 90/10

point system will be applied in evaluating proposals that qualify for further consideration, where

price constitutes 90 points and a maximum of 10 points will be awarded based on the bidder’s B-

BBEE Status Level Certificate. However, for this tender, the second stage of evaluation of bids will

focus solely on preference points, as determined from the bidder’s B-BBEE Status Level Certificate.

16. COMPLIANCE MONITORING AND EVALUATION

A Service Level Agreement (SLA) for monitoring compliance will be compiled by the SANBI in

consultation with the Operator. The SLA will be monitored through compliance meetings, which will be

held every month when the Operator supplies a monthly report. This meeting must be attended by a

management representative from the Operator and one or more management representatives from the

SANBI and will be hosted at the office of the Garden Manager unless otherwise arranged.

The Operator will also meet the SANBI as and when either party deems necessary

17. GENERAL GARDEN BYLAWS

Littering on the campus will not be tolerated. All incidental litter around the public entrance to the

Garden to be picked up on a daily basis.

Fires are not allowed on the site.

No animals located on the property are to be disturbed, harmed or killed.

Defacing, drawing, or cutting lettering or any other marking on trees, ground, or rocks in the area is

not allowed.

No plant, rock or archaeological material may be removed from the Garden.

Noise levels must be kept down.

The wild animals in the garden must not be fed.

Live cigarette butts must not be thrown onto the grass or into the natural veld.

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ANNEXURE 1

INTENDED STOCK & PRICING

Stock ( Scientific Names in the case of plants) Pricing

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ANNEXURE 2

CAPITAL INVESTMENT

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ANNEXURE 3

REFERENCES & CURRENT CLIENTS

Please provide details of the three references as follows:

Client reference 1:

Name of client/company: …………………………………………………………….

Contact person: ………………………………………………………………………

Telephone numbers: …………………………………………………………………

Length of contract/trading period: ……………………………………………………

Contract value / annual turnover: …………………………………………………….

Client reference 2:

Name of client/company: ……………………………………………………………..

Contact person: ……………………………………………………………………….

Telephone numbers: ………………………………………………………………….

Length of contract/trading period: …………………………………………………..

Contract value / annual turnover: …………………………………………………...

Client reference 3:

Name of client/company: …………………………………………………………….

Contact person: ……………………………………………………………………….

Telephone numbers: …………………………………………………………………

Length of contract/trading period: ………………………………………………….

Contract value/annual turnover: ……………………………………………………

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ANNEXURE 4

TENDERER’S HISTORY & GENERAL INFORMATION

Full legal name of company

Registered office physical

address

Postal address

Telephone number

Contact name

Is the company the provider of

the proposed service? If not,

please supply the name and

address of the other provider

How long in years has this

company been operating in this

business?

Please indicate the proposed

team structure that will be

dedicated to the proposed service

and provide CVs of key personnel

involved

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Please provide a copy of the last

two years’ consolidated income

statements and cash flow

statements and balance sheets if

you were in the similar kind of

business before

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ANNEXURE 5

CONCEPT DESIGN AND SITE PLAN