REQUEST FOR BIDS APPOINTMENT OF A SERVICE PROVIDER TO FACILITATE THE DEVELOPMENT OF OCCUPATIONAL QUALIFICATION FOR INSURANCE BROKERS

Transcription

1 REQUEST FOR BIDS APPOINTMENT OF A SERVICE PROVIDER TO FACILITATE THE DEVELOPMENT OF OCCUPATIONAL QUALIFICATION FOR INSURANCE BROKERS Tender Number : ETQA/2018/03 Closing date : 17 May 2018 Closing time : 11H00 1

2 SUBMISSION CHECKLIST Bidders are required to complete the following checklist in order to ensure that their bid pack covers all required documentation: BID SUBMISSION CHECKLIST Tick if submitted Part 1: Completed & signed SBD forms Initialed General Conditions of Contract (GCC) Part 2: Valid and original Tax Clearance Certificate and/or Tax Status Compliance Report with pin Part 3: Certified copy of BBBEE Certificate from SANAS accredited agency or an original sworn affidavit in line with the DTI requirements Part 4: Proposal Part 5: Proof of registration with the QCTO as IQFF Bidders are to set out their proposal in the sequence of the checklist as indicated above. 2

3 SBD 1 PART A INVITATION TO BID YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF THE INSETA CLOSING BID NUMBER: ETQA/2018/03 DATE: 17 May 2018 CLOSING TIME: 11H00 APPOINTMENT OF A SERVICE PROVIDER TO FACILITATE THE DEVELOPMENT OF OCCUPATIONAL DESCRIPTION: QUALIFICATION FOR INSURANCE BROKERS VALIDITY PERIOD: Offer to be valid for 90 days from the closing date of bid 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) INSETA Ground Floor, 37 Empire Road, Parktown, Johannesburg, 2193 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] 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? 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) ANY ENQUIRIES REGARDING THE BIDDING PROCEDURE MAY BE DIRECTED TO: Contact Person: Lebogang Phaleng Department: Supply Chain Management address: Supplychain@inseta.org.za Yes No Yes [IF YES ANSWER PART B:3 BELOW] No 3

4 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 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. 4

5 1. LEGISLATIVE FRAMEWORK OF THE BID a) All bidders are to take note of the implications of contravening the Prevention and Combating of Corrupt Activities Act, Act No 12 of 2004 and any other Act applicable. b) This bid is premised on all Acts and Regulations relevant to Supply Chain Management. These include, inter alia, Treasury Regulation 16A3 promulgated under Section 76 of the Public Finance Management Act, 1999 (Act, No. 1 of 1999), the Preferential Procurement Policy Framework Act 2000 (Act, No.5 of 2000) and the Broad-Based Black Economic Empowerment Act, 2003 (Act, No. 53 of 2003), Preferential Procurement Regulations 2017, Treasury Regulations and Value Added Tax Act, 1991 (Act No. 89 of 1991) 2. GENERAL CONDITIONS OF CONTRACT The General Conditions of Contract must be accepted, duly signed or initialled by the authorised representative of the bidder. The general conditions applicable are attached herein as Annexure A 3. SPECIAL CONDITIONS OF THE BID a) Bidders must be registered as service providers on the Central Supplier Database. If you are not registered, proceed to complete the registration of your company prior to submitting your proposal on Proof of registration must be submitted along with the bid. b) This bid will only be awarded to the successful bidder after INSETA has verified that the supplier is registered as a prospective supplier on the Central Supplier Database (CSD). c) INSETA reserves the right: (i) Not to award or cancel this tender at any time and shall not be bound to accept the lowest or any Bid. (ii) To accept part of a tender rather than the whole tender. (iii) To carry out site inspections, product evaluations or explanatory meetings in order to verify the nature and quality of the services offered by the bidder(s), whether before or after adjudication of the Bid. (iv) To correct any mistakes at any stage of the tender that may have been in the Bid documents or occurred at any stage of the tender process. 5

6 (v) To cancel and/or terminate the tender process at any stage, including after the Closing Date and/or after presentations have been made, and/or after tenders have been evaluated and/or after the preferred bidder(s) have been notified of their status as such. (vi) To award a tender based on which bidder is offering the best value for money, even if such Tender is not the lowest priced tender. (vii) Award to multiple bidders to spread the risk. (viii) To negotiate the selection/prioritisation of deliverables. (ix) No faxed or ed bids will be accepted. 4. COMMUNICATION WITH BIDDERS During evaluation of the bids, explanatory information may be requested in writing from bidders. Replies to such request must be submitted, within three (three) working days or as otherwise indicated. Failure to comply, may lead to your bid being disregarded. 5. CONFIDENTIALITY a) Except as may be required by operation of law, by a court or by a regulatory authority having appropriate jurisdiction, no information contained in or relating to this bid or a bidder s tender(s) will be disclosed by any bidder or other person not officially involved with INSETA s examination and evaluation of a Tender. b) No part of the bid may be distributed, reproduced, stored or transmitted, in any form or by any means, electronic, photocopying, recording or otherwise, in whole or in part except for the purpose of preparing a Tender. This bid and any other documents supplied by INSETA remain proprietary to INSETA and must be promptly returned to INSETA upon request together with all copies, electronic versions, excerpts or summaries thereof or work derived there from. c) Throughout this bid process and thereafter, bidder(s) must secure INSETA s written approval prior to the release of any information that pertains to (i) the potential work or activities to which this bid relates; or (ii) the process which follows this bid. Failure to adhere to this requirement may result in disqualification from the bid process and civil action. d) No confidential information relating to the process of evaluating or adjudicating tenders or appointing a bidder will be disclosed to a bidder or any other person not officially involved with such process. 6. INTELLECTUAL PROPERTY, INVENTIONS AND COPYRIGHT a) Copyright of all documentation relating to this contract belongs to the INSETA. The successful bidder may not disclose any information, documentation or products to other clients without the written approval of the accounting authority or the delegate. 6

7 b) In the event that the service provider would like to use information or data generated by the service, the prior written permission must be obtained from INSETA. c) The Service provider acknowledges and agrees that: i. Each provision of clause above is separate, severally and separately enforceable from any other provisions of this agreement. ii. The invalidity or non-enforceability of any one or more provision hereof, shall not prejudice or effect the enforceability and validity of the remaining provisions of this agreement; and 7. SUBMISSION OF PROPOSALS a) An original plus one (1) copy of the bid, i.e. two (2) documents in total should be handed in/delivered for attention to: Ms Lebogang Phaleng, Supply Chain Management INSETA Ground Floor 37 Empire Road, Parktown Johannesburg NB: Bidders are to indicate on the cover of each document whether it is the original or a copy b) Bids should be submitted in a sealed envelope, marked with: Bid number: ETQA/2018/03 Closing date and time:17 May 2018 at 11H00. The name and address of the bidder c) Bid documents will only be considered if received by the INSETA before the closing date and time, regardless of the method used to send or deliver such documents to the INSETA. d) Bids can be delivered between 08h30 and 17h00, Mondays to Fridays, prior to the closing date and between 08h30 and 11h00 on the closing date. e) All bids must be submitted on the official forms (not to be re-typed). 8. LATE BIDS a) Bids received late shall not be considered. A bid will be considered late if it arrived only one second after 11h00 or any time thereafter. Bids arriving late will not be considered under any circumstances. b) Bids received late shall be returned unopened to the bidder. 7

8 c) Bidders are therefore strongly advised to ensure that bids be despatched allowing enough time for any unforeseen events that may delay the delivery of the bid. 9. CLARIFICATIONS & COMMUNICATION a) Any clarification required by a bidder regarding the meaning or interpretation of the Terms of Reference, or any other aspect concerning the bid, is to be requested in writing ( ) from Ms Lebogang Phaleng at supplychain@inseta.org.za by 07 May 2018 at 16H00. b) The bid number should be mentioned in all correspondence. All communication between the Bidder(s) and INSETA must be done in writing. Telephonic requests for clarification will not be accepted. If appropriate, the clarifying information will be made available to all bidders by e- mail only. c) Any communication to an official or a person acting in an advisory capacity for INSETA, other than the official who s name and contact details is specified in the RFB document, in respect of the bid between the closing date and the award of the bid by the Bidder(s) is discouraged. d) Whilst all due care has been taken in connection with the preparation of this bid, INSETA makes no representations or warranties that the content of the bid or any information communicated to or provided to Bidder(s) during the bidding process is, or will be, accurate, current or complete. INSETA, and its employees and advisors will not be liable with respect to any information communicated which may not be accurate, current or complete. e) If Bidder(s) finds or reasonably believes it has found any discrepancy, ambiguity, error or inconsistency in this bid or any other information provided by INSETA (other than minor clerical matters), the Bidder(s) must promptly notify INSETA in writing of such discrepancy, ambiguity, error or inconsistency in order to afford INSETA an opportunity to consider what corrective action is necessary (if any). f) Any actual discrepancy, ambiguity, error or inconsistency in the bid or any other information provided by INSETA will, if possible, be corrected and provided to all Bidders. 10. MONITORING INSETA reserves the right to conduct monitoring and evaluation at any stage of the contract. 11. DUE DILIGENCE INSETA reserves the right to conduct due diligence on the information submitted by the bidders prior to final award or at any time during the contract period. 8

9 12. TERMS OF REFERENCE (TOR) 12.1 INTRODUCTION INSETA has been delegated the Development Quality Partner (DQP) function by the Quality Council for Trades and Occupations (QCTO) to develop occupational qualifications. To this end, INSETA requires the services of an Independent Qualifications Development Facilitator (IQDF) to develop a qualification for Insurance Brokers BACKGROUND TO INSETA INSETA is one of the 21 Sector Education and training Authorities (SETAs), in South Africa. INSETA is responsible for skills development within the insurance sector. It is mandated to perform in accordance with the Skills Development Act (SDA), the Skills Development Levies Act (SDLA), the Public Finance Management Act (PFMA), any other relevant legislation and the INSETA constitution SCOPE OF SERVICES This document outlines the terms of reference for the appointment of QCTO-registered Independent Qualifications Development Facilitator (IQDF) to: 1. facilitate the development of a new occupational qualification for Insurance Brokers; in line with the requirements of the Quality Council for Trades and Occupations (QCTO). 2. Review the Underwriter Occupation Qualification, SAQA ID Occupational Certificate: Insurance Agent: Insurance Underwriter. The service provider must carry out all the activities related to occupational qualification development, including: Pre-scoping preparation related activities and pre-scoping meeting; Conduct scoping meeting; Orientation sessions on qualification development process with stakeholder experts, professional bodies and working groups; Occupation profiling, development of module specifications for the occupational curriculum, external assessment specifications and QAS Addendum document; Verification session with industry to confirm accuracy of curricula; Generation of the qualification documents for submission to the QCTO for approval; Amendments to the occupational qualification documents based on feedback from: i) QCTO approval committee; ii) Public comments; iii) SAQA approval committee. 9

10 Mentor and transfer skills to the INSETA LQDF appointed for this qualification MINIMUM REQUIREMENTS The Service Provider must: Be registered with the Quality Council for Trades and Occupations as Quality Development Facilitator Have at least three years experience in facilitating the development of occupational qualifications Have successfully facilitated the development and registration of at least 3 Occupational Qualifications that are registered with SAQA, in the past two years The bidder must submit the following: i) A CV indicating experience in the facilitation of development of occupational qualifications; ii) Proof of registration with the QCTO as QDF; iii) A list of the bidder s clients and their contact details, demonstrating a minimum of 3 years proven experience in the facilitation of development of occupational qualifications; iv) A minimum of 3 letters from 3 different contactable references for having successfully facilitated the development of occupational qualifications in the last 3 years; preferably from ETQAs and Professional Bodies. The letters must be on clients letterhead, dated and signed by the clients. 13 EVALUATION PROCESS 13.1 COMPLIANCE WITH MINIMUM REQUIREMENTS All bids duly lodged will be examined to determine compliance with bidding requirements and conditions. Bids with obvious deviations from the requirements/conditions, will be eliminated from further adjudication FUNCTIONALITY, PRICE AND BBBEE EVALUATION All bids that have passed compliance requirements will be evaluated on as follows: i. The functionality calculation will be done based on the defined criteria and weighting thereof; ii. The total functionality score/weight will equal 100%. If a bidder fails to score a minimum of 75% out of 100% for functionality, his bid will be disregarded from further consideration. 10

11 iii. The second part will then be done on the 80/20 split whereby 80 points will be awarded for price and 20 points will be awarded for B-BBEE Status Level Contribution. This will be calculated on each province for which the bidders wish to tender ELIMINATION OF PROPOSALS ON GROUNDS OF FUNCTIONALITY a) Bids that score less than 75% of the 100% available for functionality will be eliminated from further consideration. Points will therefore not be awarded for their cost proposals or for B-BBEE Status Level of Contribution b) The percentage scored for functionality should be calculated as follows: Each panel member shall award values for each individual criterion on a score sheet. The value scored for each criterion shall be multiplied with the specified weighting for the relevant criterion to obtain the marks scored for the various criteria. These marks should be added to obtain the total score. The following formula should then be used to convert the total score to a percentage for functionality: Ps So Ms X Ap where Ps = percentage scored for functionality by bid/proposal under consideration So = total score of bid/proposal under consideration Ms = maximum possible score Ap = percentage allocated for functionality c) The percentages of each panel member shall be added together and divided by the number of panel members to establish the average percentage obtained by each individual bidder for functionality. d) After calculation of the percentage for functionality, the prices of all bids that obtained the minimum score for functionality should be taken into consideration AWARDING OF POINTS FOR PREFERENCES/GOALS Points for B-BBEE Status Level of Contribution will be awarded according to the table indicated in the preference points claim form(s) COMBINING PRICE AND PREFERENCE MARKS The B-BBEE Status Level of Contribution marks for each bid will now be added to the price mark for that bid 11

12 The Evaluation Committee may recommend that the contract be awarded to the bidder obtaining the highest aggregate mark as determined by or to a lower scoring bid based on firm, verifiable and justifiable grounds ADJUDICATION OF BID The Adjudication Committee will consider the recommendations and make the final award. The successful bidder will usually be the service provider scoring the highest number of points or it may be a lower scoring bid based on firm, verifiable and justifiable grounds or no award at all EVALUATION CRITERIA The following criteria and weights will be used to evaluate the bid for functionality Criterion Proof of registration as QDF Bidder s experience Bidder s details Guidelines Bidder must submit proof of registration with the QCTO as QDF. Bidders must demonstrate a minimum of 3 years experience in facilitating the development and registration of at least 3 Occupational Qualifications that are registered with SAQA by submitting: - A list of clients in line with Annexure A; - Signed front pages of the curriculum documents per SAQA registered qualification. Bidder must submit a CV as proof of at least 3 years experience in the facilitation of development of occupational qualifications. Maximum Weight Scoring Non- submission/not relevant. 3- Submitted proof of registration Non- submission. 1- Submitted either list or signed front pages of curriculum documents. 2- Submitted a list and signed front pages demonstrating less than 3 years experience. 3- Submitted a list and signed front pages demonstrating 3 or more years experience Non-submission 1- Demonstrated less than 3 years experience in facilitation of development occupational qualifications. 2- Demonstrated 3 years experience in facilitation of development occupational qualifications. 3- Demonstrated more than 3 years experience in facilitation of development occupational qualifications. 12

13 Reference letters Bidders should attach at least 3 letters from contactable references as proof to have successfully facilitated the development and registration of at least 3 Occupational Qualifications that are registered with SAQA, in the past 3 years. Reference letters will only be considered valid if they meet the following criteria: - Are on an official client letterhead - Are not older than 2 years - Are signed and dated by referee - Confirm similar work done Non- submission or submitted reference letters not relevant to the bid. 1- Submitted 1 valid reference letter relevant for similar work done. 2- Submitted 2 valid reference letters relevant for similar work done. 3- Submitted 3 or more valid reference letters relevant for similar work done. Bidders must obtain a minimum threshold of 75% to proceed to the next stages of the evaluation and adjudication process. PRICE AND PREFERENCE POINTS MAXIMUM TO BE AWARDED Price Relative competitiveness of proposed price 80 B-BBEE Status Level of Contribution 20 TOTAL FOR PRICE AND PREFERENCE

14 ANNEXURE A A list of the bidder s clients and their contact details, demonstrating a minimum of 3 years proven experience in the facilitation of development of occupational qualifications. Bidders are required to submit in the following format. CLIENT NAME CONTACT INFO PROJECT CONTRACT CONTRACT START AND INCLUDING: DESCRIPTION VALUE END DATE Name, telephone number & address 14

15 SBD 4 DECLARATION OF INTEREST 1. Any legal person, including persons employed by the state, 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 authorized representatives 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 representatives: Identity Number: 2.3 Position occupied in the Company (director, trustee, shareholder, member): 2.4 Registration number of company, enterprise, close corporation, partnership agreement or trust: 2.5 Tax Reference Number: 2.6 VAT Registration Number: The names of all directors/trustees/shareholders/members, their individually identity numbers, tax reference numbers and, if applicable, employee/persal number must be indicated in paragraph 3 below. 1 state means- (a) any national or provincial department, national or provincial public entity or constitutional 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 presently employed by the state? YES/NO If so, furnish the following particulars: Name of person /director /trustees /shareholder /member:.. 15

16 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 spouse 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 16

17 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: 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 PARAGRAPH 2 and 3 ABOVE IS CORRECT. I ACCEPT THAT THE STATE MAY REJECT THE BID OR ACT AGAINST ME SHOULD THIS DECLARATION PROVES TO BE FALSE.. Signature... Date. Position... Name of bidder 17

18 SBD 8 DECLARATION OF BIDDER S PAST SUPPLY CHAIN MANAGEMENT PRACTICES 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 supply chain management system b. committed fraud or any other improper conduct in relation to such system; or c. failure 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? (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: Yes No 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 If so, furnish particulars: Yes No 4.3 Was the bidder or any of its directors convicted by a court of law (including a court of law outside 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 18

19 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.. Date. Position... Name of Bidder 19

20 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 not to exceed R (all applicable taxes included) and therefore the 80/20 preference point system shall be applicable. 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) (c) B-BBEE means broad-based black economic empowerment as defined in section 1 of the Broad-Based Black Economic Empowerment Act; 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; 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; 20

21 (d) (e) (f) (g) (h) (i) (j) Broad-Based Black Economic Empowerment Act means the Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003); 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; functionality means the ability of a tenderer to provide goods or services in accordance with specifications as set out in the tender documents. prices includes all applicable taxes less all unconditional discounts; proof of B-BBEE status level of contributor means: 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; 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 PREFERENCE POINT SYSTEMS A maximum of 80 points is allocated for price on the following basis: 80/20 Pt P min Ps 80 1 P min Where Ps = Points scored for price of bid under consideration Pt = Price of bid under consideration Pmin = Price of lowest acceptable bid 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

22 5. 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 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: 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 22

23 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 DATE:. SIGNATURE(S) OF BIDDERS(S).. ADDRESS

24 SBD 9 CERTIFICATE OF INDEPENDENT BID DETERMINATION 1 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. 24

25 SBD 9 CERTIFICATE OF INDEPENDENT BID DETERMINATION I, the undersigned, in submitting the accompanying bid: (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 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) prices; (b) geographical area where product or service will be rendered (market allocation) (c) methods, factors or formulas used to calculate prices; (d) the intention or decision to submit or not to submit, a bid; 25

26 (e) (f) 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 Annexure A 26

27 THE NATIONAL TREASURY Republic of South Africa GOVERNMENT PROCUREMENT: GENERAL CONDITIONS OF CONTRACT July

28 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. 28

29 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 29

30 General Conditions of Contract Definitions 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. 1.6 Day means calendar day. 1.7 Delivery means delivery in compliance of the conditions of the contract or order. 1.8 Delivery ex stock means immediate delivery directly from stock actually on hand. 1.9 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 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. 30

31 1.14 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 6 obligations of the supplier covered under the contract Written or in writing means handwritten in ink or any form of electronic or mechanical writing. 2. Application 2.1 These general conditions are applicable to all bids, contracts and orders including bids for functional and professional services, sales, hiring, letting and the granting or acquiring of rights, but excluding immovable property, unless otherwise indicated in the bidding documents. 2.2 Where applicable, special conditions of contract are also laid down to cover specific supplies, services or works. 2.3 Where such special conditions of contract are in conflict with these general conditions, the special conditions shall apply. 3. General 3.1. Unless otherwise indicated in the bidding documents, the purchaser shall not be liable for any expense incurred in the preparation and submission of a bid. Where applicable a non-refundable fee for documents may be charged. 3.2 With certain exceptions, invitations to bid are only published in the Government Tender Bulletin. The Government Tender Bulletin may be obtained directly from the Government Printer, Private Bag X85, Pretoria 0001, or accessed electronically from 4. Standards 4.1 The goods supplied shall conform to the standards mentioned in the bidding documents and specifications. 31