CONSTRUCTION EDUCATION AND TRAINING AUTHORITY. BID No: /2018 PROVISION OF SERVICES FOR THE MONITORING OF PROJECTS.

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1 CONSTRUCTION EDUCATION AND TRAINING AUTHORITY BID No: /2018 PROVISION OF SERVICES FOR THE MONITORING OF PROJECTS 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) scmtenders@ceta.co.za Full Name of Bidding/Tendering Entity: Contact Person: Tel Number: Total Bid Amount (incl. VAT): R Advert Date: 09 March 2018 Closing Date and Time: 29 March 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. Completed and signed: - SBD 1 - SBD 4 - SBD SBD SBD 8 - SBD 9 - General Conditions of Contract (GCC). BID CONDITIONS All bidders are required to register on the National Treasury Central Supplier Database (CSD). The CSD proof of registration will be used by CETA to verify the bidder s tax compliant status at the time of bid award. This tender will only be awarded to bidders who are tax compliant on National Treasury CSD prior to award. OTHER REQUIRED DOCUMENTS Please note that failure to attach the following documents will result in the forfeiture of preference points: 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 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 (CSD). Schedule 2 Original cancelled cheque or stamped letter from the bank confirming banking details Schedule 3 B-BBEE Verification Certificate or sworn affidavit Schedule 4 Minimum of 3 Written Testimonials from Clients Schedule 5 Schedule 6 Schedule 7 Subject Matter Expertise Methodology and project approach Pricing Schedule BID SUBMISSION Bidders are required to submit one original and four copies of the bid document. 3

4 TERMS OF REFERENCE PROVISION OF SERVICES FOR THE MONITORING OF PROJECTS PURPOSE The purpose of this request is to secure the services of subject matter experts to conduct the monitoring of CETA funded projects around the country. CETA has allocated discretionary grants funding to different entities, for skills development training on various learning pathways. The CETA requires this service to ensure that the allocated grants are implemented in accordance with CETA policies and strategic plan. OVERVIEW The CETA wishes to monitor and evaluate the following: Number of TVET learners and graduates in need of placement within 6 months of appointment. Number of TVET learners and graduates currently in placement opportunities. Number of TVET learners and graduates who have not been placed. TVET Lecturer capacitation on practical training for construction occupational and vocational programmes. Conducting a skills audit of the TVET facilitators. Conduct Monitoring and Evaluation visits to entities as identified by the CETA as per site visit schedules that will be drawn up by the CETA. Evaluate the content and adequacy of the candidacy training received. Submit quarterly candidacy reports against the requirements from the professional council and make a recommendation to CETA for processing of payment due. Evaluate the supplementary training for candidate training and the recommendation to the CETA for processing of payment. Detailed analysis of current CETA funded candidates. Report on the impact of the Candidacy programme on a year to year basis and the number of candidacy programmes completed. Provide programme support for all CETA funded Bursars on campuses. Monitor the implementation of CETA apprenticeship programmes in line with the conditions of apprenticeships for building trades as well as section 26 artisans development as per the Skills Development Act. Conduct learner tracer studies for CETA funded learners who successfully completed their programmes. Conduct work place readiness and approvals for CETA funded programmes in the industry and produce quarterly reports. Evaluate and update the Monitoring and Evaluation system as required by the CETA. Any other CETA funded project support function as delegated by the CETA. 4

5 BACKGROUND A Subject Matter Expert (SME) or a domain expert is a person who is an authority in a particular area or field of construction or the built environment professions and must have a special knowledge or skills in particular area of construction. The experts must have dedicated the necessary amount of time, authority and credibility in a speciality area or field in construction. A time commitment is required considering the length of the CETA projects and the complexity of the construction training programmes or learning pathways. The following Scope of Work (SOW) describes the tasks to be performed by the Contracted Subject Matter Expert in assisting the CETA project department in fulfilments of requirements of CETA Project Implementation Model. The purpose of the CETA funded project is to facilitate and support the registration of learners (particularly unemployed) on the construction programmes registered on the NQF and is measured by results or outcomes: A Certificate or Statement of Achievement. BASIC SCOPE OF SERVICES The CETA funded projects combine resources from the CETA Projects Department, CETA Provincial Nodes to focus on the goals of the CETA Annual Performance Plan and in turn achieve NSDS III objectives. The scope of work includes providing overall project monitoring and evaluation on the sites where the funded projects are implemented. The CETA has funded projects in the following learning pathways and need monitoring: apprenticeships, learnerships, bursaries, internships, work placement, RPL, candidacy and short skills programmes. The Contracted Subject Matter Expert will work with the Project Team at Head Office reporting to Senior Manager: Projects for project allocation; CETA Process Training/Induction including all the pre-authorisation of work undertaken to be performed. All project materials or monitoring tools are approved by the CETA. The CETA will make its monitoring tools, checklists and criteria available to the Contracted Subject Matter Expert. The Contracted Subject Matter Expert will prepare monitoring progress reports, pre-authorisation forms for work to be undertaken, flag issues for attention and prepare narrative reports. 5

6 Specific Scope of Work: The Contracted Subject Matter Expert will support the CETA as follows: TVET Learner and Graduate placement in the construction fields (NCV Vocational; NATED 2-6 Levels) to qualify as Artisans or placement in jobs in the construction industry. TVET Lecturer Capacitation on practical training for construction occupational and vocational programmes. Support the CETA Transformation Imperative within the built environment through the monitoring of the efficient implementation of Candidacy Programmes at funded host employer sites both private and public to ensure that registration with respective built environment professional councils is achieved within the prescribed set period. Ensure that Candidates completes and submits their logbooks to the Professional Councils, Association or entities timeously. Evaluate the content, adequacy of the Candidacy training received, Mentors Quarterly Candidacy Reports against the Professional Council Requirements and make a recommendation to the CETA for processing for payment due Evaluate the Candidacy Learning Materials for Candidates and recommends to the CETA for payment for processing Evaluate the Supplementary training for Candidate training and recommend to the CETA for processing of payment Monitor the implementation of CETA Strategic Infrastructure Projects Technical Programmes in the construction sector and produce progress quarterly reports Report on the impact on the Candidacy Programmes on a year on year basis Conduct learner, mentors, facilitators, assessors interviews and compile reports Provide Programme Support for all CETA Funded Bursars on campuses Monitor the implementation of CETA Apprenticeships programmes in line with conditions of apprenticeships for building trades as well Section 26 Artisan Development of the Skills Development Act Monitor the adequacy and implementation of construction trade test readiness programmes; issuing of serial numbers and availability of Trade Test Centres for trade testing Serve as an RPL Advisor for entities implementing CETA funded RPL programmes Serve as an Inspector for the quality of construction apprenticeship, learnership and short skills training on training and workplace sites and report on all non-conformances to the CETA including the provisioning of non-accredited construction occupational programmes in the sector Monitor the implementation of the CETA funded training as per Project Implementation Plan and Training Roll out Plans Provide ongoing Capacity building of CETA funded entities where required. Support the CETA during the accreditation of training providers through the inspection of facilities (training workshops) and suitability and adequacy of equipment for construction training 6

7 Support the CETA through the approval of worksites for on the job training Monitor the payment of stipends to learners on sites Provide coaching and mentorship to CETA funded learners Perform blitz audits or inspections on host sites or skills development providers Support the CETA in the implementation of Inductions and learner Information Monitor and Analyse the implementation of PIVOTAL Training; WSP Planned training by levy paying entities in the construction sector as per the submitted Workplace Skills Plans-Annual Training Reports, PIVOTAL Plans and PIVOTAL Training Report and report on variances Conduct learner tracer studies for CETA funded learners who have successfully completed programmes Conduct workplace capacity evaluation for CETA programmes in the industry and produce periodical reports Monitor the implementation of and report on the progress and effectiveness in the implementation of CETA funded projects by funded entities for CETA designated groups: youth, rural, women, persons with disabilities and military veterans; Provide support to the CETA Provincial Nodes in the implementation of funded CETA projects in the Provinces Any other CETA funded project support function as delegated by the CETA Requirements for Subject Matter Expert: Apprenticeships: For Apprenticeships, must be a qualified Artisan ( preferably a Master Artisan) in the Construction Listed or Designated Trades 8-10 years relevant working experience in the construction sector in the area of expertise or building trade Relevant experience in Education and Training in the construction sector would be advantageous or human capital development in the construction sector Candidacy: For Candidacy; A relevant built environment qualification and proof of registration with the Professional Council; 5 years of working experience after registration Learnership: For Construction Supervision, a minimum of 10 years working experience as a Foreman in the construction sector; Qualified Foreman at NQF Level 4 and Higher Construction Health and Safety experience 7

8 Building and Civil learnerships programmes, a minimum of 8-10 years working experience in building and civil accompanied by a relevant qualification. As a principle for CETA funded learning pathways, you must have a qualification one level higher than the qualification you are applying for; relevant working experience, registration with relevant professional body where applicable, education and training experience in the construction sector. Coordination and Consultation The Senior Manager Projects will coordinate the activities of the Contracted Subject Matter Experts. The experts will coordinate with the Projects Manager and with participating funded entities throughout the project. The contracted SME will meet with the CETA Project Department regularly to fulfil the needs of the project and the deliverables of the CETA. The Contracted SME shall attend JPMT meetings on invitation to report on technical matters of the projects. Termination Terms: The contractor may be terminated at any time by CETA upon 15 days written notice, without cause. In addition, the CETA may terminate or modify this contract, in whole or part effective upon delivery of written notice to Contracted SDF if the contactor fails to maintain certificate required or failure to meet the times lines stated Time is of the essence of contracted SME s performance of each and every obligation and duty under this contract. In the event of default or breach, the CETA may at any time terminate the whole or any part of the contract by written notice to the contracted SME Under no circumstances shall contractor be entitled to claim, receive compensation for, anticipated profits or lost opportunity PRICING SCHEDULE The entity should provide a budgeted rate per evaluated proposal 8

9 EVALUATION CRITERIA The bid value is estimated to be less than R50, 000, (all applicable taxes included), therefore the 80/20 system shall be applicable. Criterion 1 Compulsory Requirements Bidders will first be evaluated in terms of the gatekeepers/minimum requirements on page 2 of this document. Bidders who do not fulfil all the requirements or do not submit the required documents will be disqualified. Those who fulfil all the requirements or 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. Bidders who score less than 70 points on functionality will therefore be disqualified. Those who score 70 points or more will be further evaluated in terms of price and preference points (i.e. on the B-BBEE status level of contributor). The functionality evaluation is broken down as follows: Past Relevant Experience (Attach letters of reference from clients for similar services) Total 10 points Please note the following: Bidders must have specific experience and submit at least three recent references (in a form of written proof (s) 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 10 points Submission of two (2) written testimonials in similar projects 7 points Submission of one (1) written testimonial in similar project 4 points Methodology and Project Approach Total 45 points Coordination and consultation (refer to TOR) 10 Presentation of findings and recommendations (Refer to TOR) 10 Implementation plans 15 Provision of support and capacitation of CETA and its stakeholders (skills transfer) 10 Subject Matter Expertise Apprenticeship requirements Candidacy requirements Learnership requirements Total 45 points 15 points 15 points 15 points 9

10 Criterion 3 Price and Preference Evaluation Bidders who score 70 points or more on functionality 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: 29 March 2018 CLOSING TIME: 11:00 DESCRIPTION: PROVISION OF SERVICES FOR THE MONITORING OF PROJECTS 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: 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 PART B TERMS AND CONDITIONS FOR BIDDING SBD1 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 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. 16

17 SBD 4 DECLARATION OF INTEREST 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. 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? 17

18 2.7.1 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 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 18

19 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 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 19

20 PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT REGULATIONS 2017 SBD 6.1 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) The 80/20 preference point system will be applicable to 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. 2. DEFINITIONS (a) B-BBEE means broad-based black economic empowerment as defined in section 1 of the Broad-Based Black Economic Empowerment Act; 20

21 (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 21

22 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: 22

23 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 23

24 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

25 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 fulfilment 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:. 25

26 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 26

27 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 27

28 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 28

29 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. 29

30 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 30

31 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 31

32 GOVERNMENT PROCUREMENT 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. 32

33 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 33

34 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 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 34