CONSTRUCTION EDUCATION AND TRAINING AUTHORITY. BID No: /2018. Re-Advert SUPPORT AND MAINTENANCE SERVICES FOR THE CETA NETWORK PRINTERS

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1 CONSTRUCTION EDUCATION AND TRAINING AUTHORITY BID No: /2018 Re-Advert SUPPORT AND MAINTENANCE SERVICES FOR THE CETA NETWORK PRINTERS Issued by: Construction Education and Training Authority: Supply Chain Management Unit Midrand Builders Centre 183 Kerk Street (Cnr Old Pretoria Main Road) Midrand Administrative queries- Ms Nokwanda Dlamini (Supply Chain Management Specialist) Tel: ( /09) Full Name of Bidding/Tendering Entity: Contact Person: Tel Number: Total Bid Amount (incl. VAT): R Advert Date: 29 September 2017 Closing Date and Time: 31 October 11:00am Bidder s Authorised Signatory: Initials and Surname: Signature: 1

2 COMPULSORY DOCUMENTS Please note that failure to submit the following documents and/or proof will lead to immediate disqualification: 1. Proof of registration with National Treasury Central Supplier Database (CSD). 2. Tax compliant status (CSD registration summary report printed within the period of tender advert, indicating a tax compliant status). 3. Gold Certification or its equivalent as support and maintenance service providers of the brand of equipment to be supported. 4. Completed and signed: OTHER REQUIRED DOCUMENTS - SBD 1 - SBD 4 - SBD SBD SBD 8 - SBD 9 - General Conditions of Contract (GCC). Please note that failure to attach the following documents will result in the forfeiture of preference points: Exempted Micro Enterprises (EMEs): Sworn affidavit confirming their annual total revenue of R10 million or less and level of black ownership or a B-BBEE level verification certificate Qualifying Small Business Enterprises (QSEs): Sworn affidavit confirming their annual total revenue of between R10 million and R50 million and level of black ownership or B-BBE level verification certificate Bidders other than EMEs and QSEs : Original and valid B-BBEE status level verification certificate verified by a SANAS accredited verification agency, or a certified copy thereof. Please ensure that you have attached all the above documents before submitting your Bid. 2

3 BID DOCUMENTS CHECK LIST: The contents of the BID/ TENDER document must be as follows, and numbered as per the numbering below, with each schedule punched, placed in a file and separated from the next schedule with a file divider. Please complete the checklist below to verify your submission of the relevant documents: Schedules Description Submitted Indicate YES or NO Schedule 1 Proof of registration with National Treasury Central Supplier Database (Tax compliant status). Schedule 2 Original cancelled cheque or stamped letter from the bank confirming banking details Schedule 3 Gold Certification or its equivalent as support and maintenance service providers of the brand of equipment to be supported Schedule 4 B-BBEE Verification Certificate or sworn affidavit Schedule 5 Schedule 6 Schedule 7 Schedule 8 Schedule 9 Minimum of 3 Written Testimonials from Clients Qualifications and CVs of key staff members to be used on the projects Maintenance plan Methodology and project approach Pricing Schedule BID SUBMISSION Bidders are required to submit one original and four copies of the bid document. 3

4 1. INTRODUCTION TERMS OF REFERENCE SUPPORT AND MAINTENANCE SERVICES FOR THE CETA NETWORK PRINTERS This document is a Request for Proposals (RFP) for the provision of the following services to the Construction Education and Training Authority hereinafter called the CETA: Support, maintenance and repair services for heavy duty printers located at the CETA Head Office and in Provincial Offices Support, maintenance and repair services for Small and Medium sized printers located at the CETA Head Office and all in Provincial Offices. The CETA has a head office located at number 183 Kerk Street, Corner Old Pretoria Main Road, Midrand, Johannesburg, and provincial offices in all 9 South African provinces located in Tshwane, Polokwane, Nelspruit, Bloemfontein, Kimberley, Mafikeng, Cape Town, Port Elizabeth and Durban. In table 1, below are details of the locations of the CETA offices. OFFICE 1. Head Office Main Line: Contacts: Bongani Sibanyoni ( / ) PHYSICAL ADDRESS 183 Kerk Street, Corner Old Pretoria Main Road, First Floor, Midrand Builders Centre. 2. Gauteng Main Line: Contact: Cecilia Gumede ( / ) Cecilia Gumede ) 3. Limpopo Main Line: Contact: Nokulunga Mthembu ( ) 4. Mpumalanga: Main Line: (Contact: Sabello Shabangu ( / ) 5. Eastern Cape Main Line: /1 (Contact: Chriscentia Khanyile ) 6. Free State Main Line: (Contact: Masixole Sintu ) 7. Kwa-Zulu Natal Main Line: (Contact: Xolani Mtshali ) 8. North West Main Line: Tshwane South TVET College 207 Quagga Road Pretoria West 0183 Capricorn FET College, Corner Dorp and College Street, Admin Block, Polokwane, 0700 Services SETA, Midcity, No 37 Brown Street, 4 th Floor Mid City Building, Nelspruit East Cape Midlands Public FET College, Brickfield Campus, Brickfield Road, Uitenhage Motheo TVET College, Corner Alwal and St George Street, Motheo Central Office, Bloemfontein 9300 Number 73 Ramsay Avenue, Musgrave, Durban Taletso TVET College, Kgora Building, Albert Luthuli Drive, Mmabatho, Western Cape College of Cape Town FET, Crawford Campus, Corner 4

5 Main Line: (Contact: Jacobus Greef ) 10. Northern Cape Main Line: Contact: Mlungisi Mhlatywa Kromboom & Athornton Road, Kew Town Athlone Department of Public Works, 45 Schomidtsdrift Road, Kimberley, Northern Cape, Interpretations In this document and in any application unless the context otherwise indicates: The bidder or vendor shall mean any person or company who submits a quotation or bid to supply the equipment specified. Quotation or bid shall mean the response submitted by the bidder or vendor CETA shall mean the Construction Education and Training Authority 1.2. Number and Gender Unless the context otherwise indicates: Words in singular number shall include the plural and vice-versa A masculine reference shall include feminine reference and vice-versa 1.3. General Scope of Quotation The CETA invites interested companies to submit proposals for the provision of the following services: Support, Maintenance and Repair Services for Heavy duty printers located at the CETA Head Office and in Provincial Offices Support, Maintenance and Repair Services for Small and Medium sized printers located at the CETA Head Office and all in Provincial Offices 5

6 2. The CETA s network printer Printer Type Office / Location Year of Purchase Bizhub B754e Head Office 2014 Bizhub B754e Head Office 2014 Bizhub B363 Head Office 2014 Bizhub B363 Head Office 2014 Bizhub B363 Head Office 2014 Bizhub B363 Head Office 2014 Bizhub B363 Head Office 2014 Bizhub B363 Gauteng 2014 Bizhub B363 Limpopo 2014 Bizhub B363 Mpumalanga 2014 Bizhub B363 Free State 2014 Bizhub B363 Northern Cape 2014 Bizhub B363 Western Cape 2014 Bizhub B363 Eastern Cape 2014 Bizhub B363 North West 2014 Bizhub B363 KZN 2014 Figure 2(b): Medium Small Sized Printers Printer Type Office / Location Year of Purchase HP Colour LaserJet M750 Head Office 2015 Gestetner MP C2030 HP Colour LaserJet 5550dn Head Office Head Office units Units

7 3. Specifications 3.1. Functional specifications Printing security (including secure print, secure copy, and encryption) Print server application (compatible with Windows Server OS) Cost management reporting Printer management dashboards (e.g. printers status, proactive alerts, toner levels and so forth) Statistics reporting, and scheduling for all printers Central management of printers (including configurations, queue management, deployment, security) Mobility printing (e.g. print jobs are device independent, and users can pull jobs from any device) Mobile device printing, with applicable agents/applications Audit trail reports (on demand) Proactive automated notifications for meter readings, and toner status to service provider Ability to backup, recover, and restore all configurations/databases 3.2. Non-functional specifications Presentation of monthly performance, and SLA reports Proactive support desk, with automated reference numbers for services requests Telephonic support where applicable Printer consumables delivery and installation within SLA Service parts delivery and installation within SLA % overall printers uptime Technical users training for the printing solution (for first line support) 3.3. Requirements for printer support, maintenance and repair services Follow the best practices to support, maintain and troubleshoot the CETA printers at the CETA Head Office and in all CETA Provincial Offices 3.4. Duration of Service Agreement Monday to Friday (0800 to 1700 hours): From date of appointment to 31 March 2020, except public holidays Level of Support hours response, and 6 hours resolve time to electronic and telephonic support hours response, and 6 hours resolve time to next business day for on-site support 4. Scope of work Whilst other tasks may be defined to meet the requirements of the solution within the proposal that is accepted, it is believed that the following shall be the major components of the support service: Preventive Maintenance of key printers o Make provision for proactive fault detection systems so that faults are detected before they bring the systems down. o Keep track of key software updates and patches and ensure they are applied timeously Scheduled Maintenance of key printers 7

8 o Must be carried out at least once every 3 months for all printers o The Service Provider will work with the CETA ICT department to ensure that all printers are in good working order. o Whenever maintenance work is done, a detailed report shall be produced and signed-off by both the CETA and the service provider. Service Calls / Reactive Support and maintenance of all equipment covered in this specification o The CETA will work to have most of the equipment covered in this specification on some form of warranty. However, the service provider shall be called upon to assist whenever there is a fault or breakage. Consumables o The appointed service provider shall supply the CETA with consumables for all the printers. Consumables include toner, drum, rollers, blades, and other components which forms part of the printer consumables in which the Service Provider will assist the CETA with fitment of these consumables whenever this kind of task is required. Spares o The service provider will also be responsible for the supply of spares for the printers at a charge whenever this is required. However, the fitment of such parts shall be covered within the SLA maintenance hours, and not billed separately. Courtesy Printer o In the event of a major breakdown, the provider shall provide a stand-in free replacement copier until the one broken down is fixed. 5. REQUIREMENTS FROM BIDDERS 5.1. Detailed SLA proposals for the required support services to meet the above requirements and Scope of Work 5.2. Costing of Hardware and Software Support The Pricing must be itemised to align with the scope of work 5.3. Gold Certification or its equivalent as support and maintenance service providers of the brand of equipment to be supported as listed in the tables shown 5.4. Traceable references for similar kind of work 8

9 EVALUATION CRITERIA Criterion 1 Compulsory Requirements Applicants will be evaluated in terms of the gatekeepers/minimum requirements on page 2 of this document. Applicants who do not meet all the requirements or do not submit the required documents will be disqualified. Those who meet all the requirements and who have submitted the required documents will be further evaluated on functionality. Criterion 2 Functionality Functionality is worth 100 points. The minimum threshold is 70 points. Applicants who score less than 70 points on functionality will therefore be disqualified. Those who score 70 points or more will be included in the panel. The functionality evaluation is broken down as follows: Past Relevant Experience (Attach reference letters for similar services rendered - on client s letterhead and signed off by a Senior Manager or Director) Please note the following: Applicants must have specific experience and submit at least three recent references (in a form of written proof on organization s letterhead including relevant contact person, nature of service, contract amount, commencement date, telephone number, fax number and addresses) of similar work undertaken Submission of three (3) and more written testimonials in similar projects Submission of two (2) written testimonials in similar projects Submission of one (1) written testimonial in similar project Methodology and Project Approach Proposed methodology and project plan 1. Support and service 2. Maintenance Ability to support all provincial offices Qualifications and Skills of Human Resources Level and relevance of education of personnel to deliver the service Experience of the team that will service the CETA Total 5 points 5 points 3 points 1 points Total 85 points 35 points 40 points 10 points Total 10 points 5 points 5 points 9

10 Criterion 3 Price and Preference Evaluation Bidders who score 70 points or more will be further evaluated in terms of Price and Preference points (B-BBEE status level of contributor). As per the table below, price is evaluated over 80 points and preference points over 20: Price Assessment 80 Points TOTAL 80 Preferential Elements 20 Points B-BBEE Status Level of Contributor Number of Points Non-compliant contributor 0 Whilst CETA is issuing this invitation in good faith, it reserves the right to cancel or delay the selection process at any time without providing reasons therefore, and reserves the right not to select any of the respondents to this invitation, again without having to provide reasons for such a decision. 10

11 INVITATION TO BID YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF THE (CONSTRUCTION EDUCATION AND TRAINING AUTHORITY) BID NUMBER: /2018 CLOSING DATE: 31 October 2017 CLOSING TIME: 11:00 DESCRIPTION: RE-ADVERT - SUPPORT AND MAINTENANCE SERVICES FOR THE CETA NETWORK PRINTERS VALIDITY PERIOD: 120 DAYS FROM THE CLOSING DATE The successful bidder will be required to fill in and sign a written Contract Form (SBD 7). BID DOCUMENTS MAY BE POSTED TO: P. O. Box 1955 OR DEPOSITED IN THE BID BOX SITUATED AT (STREET ADDRESS): Halfway House 1685 Midrand Builders Centre 183 Kerk Street (Cnr Old Pretoria Main Road). Midrand Bidders should ensure that bids are delivered timeously to the correct address as stated above. If the bid is late, it will not be accepted for consideration. The bid box is generally open 24 hours a day, 7 days a week. ALL BIDS MUST BE SUBMITTED ON THE OFFICIAL FORMS (NOT TO BE RE-TYPED) THIS BID IS SUBJECT TO THE PREFERENTIAL PROCUREMENT POLICY FRAMEWORK ACT AND THE PREFERENTIAL PROCUREMENT REGULATIONS, 2011, THE GENERAL CONDITIONS OF CONTRACT (GCC) AND, IF APPLICABLE, ANY OTHER SPECIAL CONDITIONS OF CONTRACT 11

12 THE FOLLOWING PARTICULARS MUST BE FURNISHED (FAILURE TO DO SO MAY RESULT IN YOUR BID BEING DISQUALIFIED) NAME OF BIDDER POSTAL ADDRESS. STREET ADDRESS TELEPHONE NUMBER CODE NUMBER..CELLPHONE NUMBER FACSIMILE NUMBER CODE...NUMBER... ADDRESS. VAT NUMBER REGISTRATION HAS AN ORIGINAL AND VALID TAX CLEARANCE CERTIFICATE BEEN SUBMITTED? (SBD 2) YES or NO HAS A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE BEEN SUBMITTED?(SBD 6.1) YES or NO IF YES, WHO WAS THE CERTIFICATE ISSUED BY? AN ACCOUNTING OFFICER AS CONTEMPLATED IN THE CLOSE CORPORATION ACT (CCA)..... A VERIFICATION AGENCY ACCREDITED BY THE SOUTH AFRICAN ACCREDITATION SYSTEM (SANAS);. A REGISTERED AUDITOR..... [TICK APPLICABLE BOX] (A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE MUST BE SUBMITTED IN ORDER TO QUALIFY FOR PREFERENCE POINTS FOR B-BBEE) ARE YOU THE ACCREDITED REPRESENTATIVEIN SOUTH AFRICA FOR THE GOODS / SERVICES / WORKS OFFERED? YES or NO [IF YES ENCLOSE PROOF] SIGNATURE OF BIDDER.. DATE.. CAPACITY UNDER WHICH THIS BID IS SIGNED TOTAL BID PRICE. TOTAL NUMBER OF ITEMS OFFERED. 12

13 ANY ENQUIRIES REGARDING THE BIDDING PROCEDURE MAY BE DIRECTED TO: Department: Contact Person: Supply Chain Management Unit Nokwanda Dlamini Tel: / ANY ENQUIRIES REGARDING TECHNICAL INFORMATION MAY BE DIRECTED TO: Contact Person: Nokwanda Dlamini Tel: /5909 address: Kindly note that your technical enquiries will be facilitated by SCM between the service provider and the relevant CETA project lead. 13

14 SBD 1 PART A INVITATION TO BID YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF THE (NAME OF DEPARTMENT/ PUBLIC ENTITY) CLOSING DATE: CLOSING TIME: BID NUMBER: DESCRIPTION THE SUCCESSFUL BIDDER WILL BE REQUIRED TO FILL IN AND SIGN A WRITTEN CONTRACT FORM (SBD7). BID RESPONSE DOCUMENTS MAY BE DEPOSITED IN THE BID BOX SITUATED AT (STREET ADDRESS) SUPPLIER INFORMATION NAME OF BIDDER POSTAL ADDRESS STREET ADDRESS TELEPHONE NUMBER CODE NUMBER CELLPHONE NUMBER FACSIMILE NUMBER CODE NUMBER ADDRESS VAT REGISTRATION NUMBER B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE [TICK APPLICABLE BOX] IF YES, WHO WAS THE CERTIFICATE ISSUED BY? AN ACCOUNTING OFFICER AS CONTEMPLATED IN THE CLOSE CORPORATION ACT (CCA) AND NAME THE APPLICABLE IN THE TICK BOX TCS PIN: OR CSD No: Yes B-BBEE STATUS LEVEL SWORN No AFFIDAVIT AN ACCOUNTING OFFICER AS CONTEMPLATED IN THE CLOSE CORPORATION ACT (CCA) A VERIFICATION AGENCY ACCREDITED BY THE SOUTH AFRICAN ACCREDITATION SYSTEM (SANAS) A REGISTERED AUDITOR NAME: [A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE/SWORN AFFIDAVIT(FOR EMEs& QSEs) MUST BE SUBMITTED IN ORDER TO QUALIFY FOR PREFERENCE POINTS FOR B-BBEE] Yes No 14

15 ARE YOU THE ACCREDITED REPRESENTATIVE IN SOUTH AFRICA FOR THE GOODS /SERVICES /WORKS OFFERED? Yes No [IF YES ENCLOSE PROOF] ARE YOU A FOREIGN BASED SUPPLIER FOR THE GOODS/ SERVICES/ WORKS OFFERED? Yes No [IF YES ANSWER PART B:3 BELOW ] SIGNATURE OF BIDDER DATE CAPACITY UNDER WHICH THIS BID IS SIGNED (Attach proof of authority to sign this bid; e.g. resolution of directors, etc.) TOTAL NUMBER OF ITEMS OFFERED TOTAL BID PRICE (ALL INCLUSIVE) BIDDING PROCEDURE ENQUIRIES MAY BE DIRECTED TO: TECHNICAL INFORMATION MAY BE DIRECTED TO: DEPARTMENT/ PUBLIC ENTITY CONTACT PERSON CONTACT PERSON TELEPHONE NUMBER TELEPHONE NUMBER FACSIMILE NUMBER FACSIMILE NUMBER ADDRESS ADDRESS 15

16 SBD1 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 ALL BIDS MUST BE SUBMITTED ON THE OFFICIAL FORMS PROVIDED (NOT TO BE RE-TYPED) OR ONLINE 1.3. BIDDERS MUST REGISTER ON THE CENTRAL SUPPLIER DATABASE (CSD) TO UPLOAD MANDATORY INFORMATION NAMELY: (BUSINESS REGISTRATION/ DIRECTORSHIP/ MEMBERSHIP/IDENTITY NUMBERS; TAX COMPLIANCE STATUS; AND BANKING INFORMATION FOR VERIFICATION PURPOSES). B-BBEE CERTIFICATE OR SWORN AFFIDAVIT FOR B-BBEE MUST BE SUBMITTED TO BIDDING INSTITUTION WHERE A BIDDER IS NOT REGISTERED ON THE CSD, MANDATORY INFORMATION NAMELY: (BUSINESS REGISTRATION/ DIRECTORSHIP/ MEMBERSHIP/IDENTITY NUMBERS; TAX COMPLIANCE STATUS MAY NOT BE SUBMITTED WITH THE BID DOCUMENTATION. B-BBEE CERTIFICATE OR SWORN AFFIDAVIT FOR B- BBEE MUST BE SUBMITTED TO BIDDING INSTITUTION THIS BID IS SUBJECT TO THE PREFERENTIAL PROCUREMENT POLICY FRAMEWORK ACT 2000 AND THE PREFERENTIAL PROCUREMENT REGULATIONS, 2017, THE GENERAL CONDITIONS OF CONTRACT (GCC) AND, IF APPLICABLE, ANY OTHER LEGISLATION OR 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 VIEW THE TAXPAYER S PROFILE AND TAX STATUS. 2.3 APPLICATION FOR TAX COMPLIANCE STATUS (TCS) OR PIN MAY ALSO BE MADE VIA E-FILING. IN ORDER TO USE THIS PROVISION, TAXPAYERS WILL NEED TO REGISTER WITH SARS AS E-FILERS THROUGH THE WEBSITE BIDDERS MAY ALSO SUBMIT A PRINTED TCS TOGETHER WITH THE BID. 2.5 IN BIDS WHERE CONSORTIA / JOINT VENTURES / SUB-CONTRACTORS ARE INVOLVED, EACH PARTY MUST SUBMIT A SEPARATE PROOF OF TCS / PIN / CSD NUMBER. 2.6 WHERE NO TCS IS AVAILABLE BUT THE BIDDER IS REGISTERED ON THE CENTRAL SUPPLIER DATABASE (CSD), A CSD NUMBER MUST BE PROVIDED. 3. QUESTIONNAIRE TO BIDDING FOREIGN SUPPLIERS 3.1. IS THE BIDDER A RESIDENT OF THE REPUBLIC OF SOUTH AFRICA (RSA)? YES NO 3.2. DOES THE BIDDER HAVE A BRANCH IN THE RSA? YES NO 3.3. DOES THE BIDDER HAVE A PERMANENT ESTABLISHMENT IN THE RSA? YES NO 3.4. DOES THE BIDDER HAVE ANY SOURCE OF INCOME IN THE RSA? YES NO 16

17 IF THE ANSWER IS NO TO ALL OF THE ABOVE, THEN, IT IS NOT A REQUIREMENT TO OBTAIN A TAX COMPLIANCE STATUS / TAX COMPLIANCE SYSTEM PIN CODE FROM THE SOUTH AFRICAN REVENUE SERVICE (SARS) AND IF NOT REGISTER AS PER 2.3 ABOVE. NB: FAILURE TO PROVIDE ANY OF THE ABOVE PARTICULARS MAY RENDER THE BID INVALID. DECLARATION OF INTEREST SBD 4 1. 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 of this invitation to bid (includes an advertised competitive bid, a limited bid, a proposal or written price quotation). In view of possible allegations of favouritism, should the resulting bid, or part thereof, be awarded to persons employed by the state, or to persons connected with or related to them, it is required that the bidder or his/her authorised representative declare his/her position in relation to the evaluating/adjudicating authority where- - the bidder is employed by the state; and/or - the legal person on whose behalf the bidding document is signed, has a relationship with persons/a person who are/is involved in the evaluation and or adjudication of the bid(s), or where it is known that such a relationship exists between the person or persons for or on whose behalf the declarant acts and persons who are involved with the evaluation and or adjudication of the bid. 2. In order to give effect to the above, the following questionnaire must be completed and submitted with the bid. 2.1 Full Name of bidder or his or her representative:. 2.2 Identity Number: Position occupied in the Company (director, trustee, shareholder², member):. 2.4 Registration number of company, enterprise, close corporation, partnership agreement or trust: Tax Reference Number: 2.6 VAT Registration Number: The names of all directors / trustees / shareholders / members, their individual identity numbers, tax reference numbers and, if applicable, employee / PERSAL numbers must be indicated in paragraph 3 below. ¹ State means (a) 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); (b) any municipality or municipal entity; (c) provincial legislature; (d) national Assembly or the national Council of provinces; or (e) Parliament. 17

18 ² Shareholder means a person who owns shares in the company and is actively involved in the management of the enterprise or business and exercises control over the enterprise. 2.7 Are you or any person connected with the bidder YES / NO presently employed by the state? If so, furnish the following particulars: Name of person / director / trustee / shareholder/ member: Name of state institution at which you or the person connected to the bidder is employed : Position occupied in the state institution:... Any other particulars: If you are presently employed by the state, did you obtain YES / NO the appropriate authority to undertake remunerative work outside employment in the public sector? If yes, did you attach proof of such authority to the bid YES / NO document? (Note: Failure to submit proof of such authority, where applicable, may result in the disqualification of the bid If no, furnish reasons for non-submission of such proof: Did you or your spouse, or any of the company s directors/ YES / NO trustees / shareholders / members or their spouses conduct business with the state in the previous twelve months? If so, furnish particulars: Do you, or any person connected with the bidder, have YES / NO any relationship (family, friend, other) with a person employed by the state and who may be involved with the evaluation and or adjudication of this bid? If so, furnish particulars. 18

19 Are you, or any person connected with the bidder, YES/NO aware of any relationship (family, friend, other) between any other bidder and any person employed by the state who may be involved with the evaluation and or adjudication of this bid? If so, furnish particulars Do you or any of the directors / trustees / shareholders / members YES/NO of the company have any interest in any other related companies whether or not they are bidding for this contract? If so, furnish particulars:... 3 Full details of directors / trustees / members / shareholders. Full Name Identity Number Personal Income Tax Reference Number State Employee Number/Persal Number 19

20 4 DECLARATION I, THE UNDERSIGNED (NAME) CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPHS 2 and 3 ABOVE IS CORRECT. I ACCEPT THAT THE STATE MAY REJECT THE BID OR ACT AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE... Signature. Position.. Date Name of Bidder 20

21 SBD 6.1 PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT REGULATIONS 2017 This preference form must form part of all bids invited. It contains general information and serves as a claim form for preference points for Broad-Based Black Economic Empowerment (B-BBEE) Status Level of Contribution NB: BEFORE COMPLETING THIS FORM, BIDDERS MUST STUDY THE GENERAL CONDITIONS, DEFINITIONS AND DIRECTIVES APPLICABLE IN RESPECT OF B-BBEE, AS PRESCRIBED IN THE PREFERENTIAL PROCUREMENT REGULATIONS, GENERAL CONDITIONS 1.1 The following preference point systems are applicable to all bids: the 80/20 system for requirements with a Rand value of up to R (all applicable taxes included); and - the 90/10 system for requirements with a Rand value above R (all applicable taxes included). a) The value of this bid is estimated to not exceed R (all applicable taxes included) and therefore the 80/20 preference point system shall be applicable; or b) Either the 80/20 or 90/10 preference point system will be applicable to this tender (delete whichever is not applicable for this tender). 1.3 Points for this bid shall be awarded for: (a) Price; and (b) B-BBEE Status Level of Contributor. 1.4 The maximum points for this bid are allocated as follows: POINTS PRICE 80 B-BBEE STATUS LEVEL OF CONTRIBUTOR 20 Total points for Price and B-BBEE must not exceed Failure on the part of a bidder to submit proof of B-BBEE Status level of contributor together with the bid, will be interpreted to mean that preference points for B-BBEE status level of contribution are not claimed. 1.6 The purchaser reserves the right to require of a bidder, either before a bid is adjudicated or at any time subsequently, to substantiate any claim in regard to preferences, in any manner required by the purchaser. 21

22 2. DEFINITIONS (a) B-BBEE means broad-based black economic empowerment as defined in section 1 of the Broad-Based Black Economic Empowerment Act; (b) B-BBEE status level of contributor means the B-BBEE status of an entity in terms of a code of good practice on black economic empowerment, issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act; (c) bid means a written offer in a prescribed or stipulated form in response to an invitation by an organ of state for the provision of goods or services, through price quotations, advertised competitive bidding processes or proposals; (d) Broad-Based Black Economic Empowerment Act means the Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003); (e) EME means an Exempted Micro Enterprise in terms of a code of good practice on black economic empowerment issued in terms of section 9 (1) of the Broad-Based Black Economic Empowerment Act; (f) functionality means the ability of a tenderer to provide goods or services in accordance with specifications as set out in the tender documents. (g) prices includes all applicable taxes less all unconditional discounts; (h) proof of B-BBEE status level of contributor means: (i) 1) B-BBEE Status level certificate issued by an authorized body or person; 2) A sworn affidavit as prescribed by the B-BBEE Codes of Good Practice; 3) Any other requirement prescribed in terms of the B-BBEE Act; QSE means a qualifying small business enterprise in terms of a code of good practice on black economic empowerment issued in terms of section 9 (1) of the Broad-Based Black Economic Empowerment Act; (j) rand value means the total estimated value of a contract in Rand, calculated at the time of bid invitation, and includes all applicable taxes; 3. POINTS AWARDED FOR PRICE 3.1 THE 80/20 OR 90/10 PREFERENCE POINT SYSTEMS A maximum of 80 or 90 points is allocated for price on the following basis: 80/20 or 90/10 Pt P min Pt P min Ps 80 1 or Ps 90 1 P min P min Where Ps = Points scored for price of bid under consideration Pt = Price of bid under consideration Pmin = Price of lowest acceptable bid 22

23 4. POINTS AWARDED FOR B-BBEE STATUS LEVEL OF CONTRIBUTOR 4.1 In terms of Regulation 6 (2) and 7 (2) of the Preferential Procurement Regulations, preference points must be awarded to a bidder for attaining the B-BBEE status level of contribution in accordance with the table below: B-BBEE Status Level of Contributor Number of points (90/10 system) Number of points (80/20 system) Non-compliant contributor BID DECLARATION 5.1 Bidders who claim points in respect of B-BBEE Status Level of Contribution must complete the following: 6. B-BBEE STATUS LEVEL OF CONTRIBUTOR CLAIMED IN TERMS OF PARAGRAPHS 1.4 AND B-BBEE Status Level of Contributor:. = (maximum of 10 or 20 points) (Points claimed in respect of paragraph 7.1 must be in accordance with the table reflected in paragraph 4.1 and must be substantiated by relevant proof of B-BBEE status level of contributor. 7. SUB-CONTRACTING 7.1 Will any portion of the contract be sub-contracted? (Tick applicable box) YES NO If yes, indicate: i) What percentage of the contract will be subcontracted.... % ii) The name of the sub-contractor.. iii) The B-BBEE status level of the sub-contractor..... iv) Whether the sub-contractor is an EME or QSE (Tick applicable box) YES NO v) Specify, by ticking the appropriate box, if subcontracting with an enterprise in terms of Preferential Procurement Regulations,2017: 23

24 Designated Group: An EME or QSE which is at last 51% owned by: Black people Black people who are youth Black people who are women Black people with disabilities Black people living in rural or underdeveloped areas or townships Cooperative owned by black people Black people who are military veterans OR Any EME Any QSE EME QSE 8. DECLARATION WITH REGARD TO COMPANY/FIRM 8.1 Name of company/firm:. 8.2 VAT registration number:. 8.3 Company registration number: TYPE OF COMPANY/ FIRM Partnership/Joint Venture / Consortium One person business/sole propriety Close corporation Company (Pty) Limited [TICK APPLICABLE BOX] 8.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES 24

25 8.6 COMPANY CLASSIFICATION Manufacturer Supplier Professional service provider Other service providers, e.g. transporter, etc. [TICK APPLICABLE BOX] 8.7 Total number of years the company/firm has been in business: 8.8 I/we, the undersigned, who is / are duly authorised to do so on behalf of the company/firm, certify that the points claimed, based on the B-BBE status level of contributor indicated in paragraphs 1.4 and 6.1 of the foregoing certificate, qualifies the company/ firm for the preference(s) shown and I / we 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 6.1, the contractor may be required to furnish documentary proof to the satisfaction of the purchaser that the claims are correct; iv) If the B-BBEE status level of contributor has been claimed or obtained on a fraudulent basis or any of the conditions of contract have not been fulfilled, the purchaser may, in addition to any other remedy it may have (a) (b) (c) (d) (e) disqualify the person from the bidding process; recover costs, losses or damages it has incurred or suffered as a result of that person s conduct; 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; recommend that the bidder or contractor, its shareholders and directors, or only the shareholders and directors who acted on a fraudulent basis, be restricted by the National Treasury 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 forward the matter for criminal prosecution. WITNESSES SIGNATURE(S) OF BIDDERS(S) 2.. DATE: ADDRESS

26 CONTRACT FORM - RENDERING OF SERVICES SBD 7.2 THIS FORM MUST BE FILLED IN DUPLICATE BY BOTH THE SERVICE PROVIDER (PART 1) AND THE PURCHASER (PART 2). BOTH FORMS MUST BE SIGNED IN THE ORIGINAL SO THAT THE SERVICE PROVIDER AND THE PURCHASER WOULD BE IN POSSESSION OF ORIGINALLY SIGNED CONTRACTS FOR THEIR RESPECTIVE RECORDS. PART 1 (TO BE FILLED IN BY THE SERVICE PROVIDER) 1. I hereby undertake to supply all or any of the goods and/or works described in the attached bidding documents to CETA in accordance with the requirements and specifications stipulated in bid number.... at the price/s quoted. My offer/s remain binding upon me and open for acceptance by the purchaser during the validity period indicated and calculated from the closing time of bid. 2. The following documents shall be deemed to form and be read and construed as part of this agreement: (i) Bidding documents, viz - Invitation to bid; - Tax clearance certificate; - Pricing schedule(s); - Technical Specification(s); - Preference claims for Broad Based Black Economic Empowerment Status Level of Contribution in terms of the Preferential Procurement Regulations 2011; - Declaration of interest; - Declaration of bidder s past SCM practices; - Certificate of Independent Bid Determination - Special Conditions of Contract; (ii) General Conditions of Contract; and (iii) Other (specify) 3. I confirm that I have satisfied myself as to the correctness and validity of my bid; that the price(s) and rate(s) quoted cover all the goods and/or works specified in the bidding documents; that the price(s) and rate(s) cover all my obligations and I accept that any mistakes regarding price(s) and rate(s) and calculations will be at my own risk. 4. I accept full responsibility for the proper execution and fulfilment of all obligations and conditions devolving on me under this agreement as the principal liable for the due fulfillment of this contract. 5. I declare that I have no participation in any collusive practices with any bidder or any other person regarding this or any other bid. 6. I confirm that I am duly authorised to sign this contract. NAME (PRINT) CAPACITY SIGNATURE NAME OF FIRM.... WITNESSES DATE.. DATE:. 26

27 SBD 7.2 CONTRACT FORM - RENDERING OF SERVICES PART 2 (TO BE FILLED IN BY THE PURCHASER- CETA) I. in my capacity as..... accept your bid under reference number.dated for the rendering of services indicated hereunder and/or further specified in the annexure(s). An official order indicating service delivery instructions is forthcoming. I undertake to make payment for the services rendered in accordance with the terms and conditions of the contract, within 30 (thirty) days after receipt of an invoice. DESCRIPTION OF SERVICE PRICE (ALL APPLICABLE TAXES INCLUDED) COMPLETION DATE B-BBEE STATUS LEVEL OF CONTRIBUTIO N MINIMUM THRESHOLD FOR LOCAL PRODUCTION AND CONTENT (if applicable) 4. I confirm that I am duly authorised to sign this contract. SIGNED AT ON.. NAME (PRINT) SIGNATURE. OFFICIAL STAMP WITNESSES DATE: SBD 8 27

28 DECLARATION OF BIDDER S PAST SUPPLY CHAIN MANAGEMENT PRACTICES SBD 8 1 This Standard Bidding Document must form part of all bids invited. 2 It serves as a declaration to be used by institutions 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 disregarded if that bidder, or any of its directors have- a. abused the institution s supply chain management system; b. committed fraud or any other improper conduct in relation to such system; or c. failed to perform on any previous contract. 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 Database of Restricted Suppliers as companies or persons prohibited from doing business with the public sector? Yes No (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( and can be accessed by clicking on its link at the bottom of the home page If so, furnish particulars: 4.2 Is the bidder or any of its directors listed on the Register for Tender Defaulters in terms 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 ( by clicking on its link at the bottom of the home page. Yes No 28

29 4.2.1 If so, furnish particulars: 4.3 Was the bidder or any of its directors convicted by a court of law (including a court outside of the Republic of South Africa) for fraud or corruption during the past five years? If so, furnish particulars: Yes No 4.4 Was any contract between the bidder and any organ of state terminated during the past five years on account of failure to perform on or comply with the contract? If so, furnish particulars: Yes No CERTIFICATION I, THE UNDERSIGNED (FULL NAME) CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM IS 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. Position.. Date.. Name of Bidder 29

30 SBD 9 CERTIFICATE OF INDEPENDENT BID DETERMINATION This Standard Bidding Document (SBD) 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 Treasury Regulation 16A9 prescribes that accounting officers and accounting authorities must take all reasonable steps to prevent abuse of the supply chain management system and authorizes accounting officers and accounting authorities to: a. disregard the bid of any bidder if that bidder, or any of its directors have abused the institution s supply chain management system and or committed fraud or any other improper conduct in relation to such system. b. cancel a contract awarded to a supplier of goods and services if the supplier committed any corrupt or fraudulent act during the bidding process or the execution of that contract. 4 This SBD 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 (SBD 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. 30

31 SBD 9 I, the undersigned, in submitting the accompanying bid: CERTIFICATE OF INDEPENDENT BID DETERMINATION (Bid Number and Description) in response to the invitation for the bid made by: (Name of Institution) 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) (b) (c) has been requested to submit a bid in response to this bid invitation; could potentially submit a bid in response to this bid invitation, based on their qualifications, abilities or experience; and provides the same goods and services as the bidder and/or is in the same line of business as the bidder 31

32 SBD 9 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) (b) (c) (d) (e) (f) prices; geographical area where product or service will be rendered (market allocation) methods, factors or formulas used to calculate prices; the intention or decision to submit or not to submit, a bid; the submission of a bid which does not meet the specifications and conditions of the bid; or 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 GOVERNMENT PROCUREMENT 32

33 GENERAL CONDITIONS OF CONTRACT July 2010 NOTES The purpose of this document is to: (i) (ii) Draw special attention to certain general conditions applicable to government bids, contracts and orders; and To ensure that clients be familiar with regard to the rights and obligations of all parties involved in doing business with government. In this document words in the singular also mean in the plural and vice versa and words in the masculine also mean in the feminine and neuter. The General Conditions of Contract will form part of all bid documents and may not be amended. Special Conditions of Contract (SCC) relevant to a specific bid, should be compiled separately for every bid (if (applicable) and will supplement the General Conditions of Contract. Whenever there is a conflict, the provisions in the SCC shall prevail. 33

34 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 analysis 9. Packing 10. Delivery and documents 11. Insurance 12. Transportation 13. Incidental services 14. Spare parts 15. Warranty 16. Payment 17. Prices 18. Contract amendments 19. Assignment 20. Subcontracts 21. Delays in the supplier s performance 22. Penalties 23. Termination for default 24. Dumping and countervailing duties 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. National Industrial Participation Programme (NIPP) 34. Prohibition of restrictive practices 34

35 General Conditions of 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 anything 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 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 supplies are so delivered and a valid receipt is obtained "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. 35

36 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 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 GCC means the General Conditions of Contract Goods means all of the equipment, machinery, and/or other materials that the supplier is required to supply to the purchaser under the contract 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 supplies covered by the bid will be manufactured Local content means that portion of the bidding price which is not included in the imported content provided that local manufacture does take place Manufacture means the production of products in a factory using labour, materials, components and machinery and includes other related value-adding activities Order means an official written order issued for the supply of goods or works or the rendering of a service Project site, where applicable, means the place indicated in bidding documents Purchaser means the organization purchasing the goods Republic means the Republic of South Africa SCC means the Special Conditions of Contract 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. 36