ESKOM HOLDINGS LIMITED THE CONTRACTOR. TENDER No: EMG 5659

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1 INVITATION TO TENDER Group technology & Commercial Volume 1: INVITATION TO TENDER ENGINEERING AND CONSTRUCTION INVITATION TO TENDER FOR A PROPOSED BETWEEN: ESKOM HOLDINGS LIMITED AND THE OR FOR (the works): Amatola Substation Installation of 2 nd 10MVA Transformer Installation CONTENTS: T1.1: LETTER OF INVITATION T1.2: TENDER DATA T 1.3: ESKOM S STANDARD CONDITIONS OF TENDER TENDER No: EMG 5659 Deadline for tender submission: 10h00 hours on 11 TH April 2017 (South African Standard Time) Return this cover sheet with tender

2 Eskom Holdings SOC Limited Eastern Cape Operating Unit Sunilaws Office Park Crn Bonza Bay Road & Quenera Drive Beacon Bay Private Bag X1 Beacon Bay East London 5205 Call Centre Number Eskom.web.site: Date: 20 March 2017 Ref: EMG 5659 Enquiries: Margaret Mandere T1.1 LETTER OF INVITATION Eskom Holdings SOC Limited ( Eskom ) invites you to submit a tender to provide the works as stated on the cover sheet. The list of documents provided for the purpose of the tender is attached to this Invitation to Tender. The scope of work is provided in the Works Information [Volume 3, Part 3]. The terms and conditions of the proposed contract are identified in the Agreements and Contract Data [Volume 3, Part 1]. Preference Points Claim Form in terms of the preferential procurement regulation 2011 specifies the actions to be taken during the process of tendering. The tender documents are supplied to you Free of Charge basis Eskom has delegated the responsibility for this tender to the Eskom Representative whose name and contact details are stated in the Tender Data. Your submission of a tender in response to this Invitation to tender will be deemed as acceptance of Eskom s conditions as per the Preference Points Claim Form in terms of the preferential procurement regulation. You are required to complete the attached Acknowledgement Form and return by as indicated on the form within 5 (five) days after clarification meeting. If you do not intend submitting a tender, kindly return all the enclosed documentation together with the Acknowledgement Form, stating your reasons for not wishing to participate. We look forward to receiving and evaluating your tender. Sincerely, M Mandere For: Robert Muller Procurement Manager Tel: Page 2 of 24 2

3 ACKNOWLEDGEMENT FORM TO: THE ESKOM Representative FROM Attention Margaret Mandere Fax No Tel/Cell Sender INVITATION TO TENDER NO. EMG 5659 ACKNOWLEDGEMENT: Amatola Substation Installation of 2 nd 10MVA Trfr We are in receipt of the Invitation to Tender from Eskom Holdings SOC Limited dated 20 March We confirm that the documentation received by us is: (complete as applicable) Either: Correct as stated in the attached list of Contents, and that each document is complete. [tick box if documentation complete] Or: Incorrect or incomplete for the following reasons: Please select either statement 1 or 2 below and delete the other: 1. We have noted the deadline for tender submission (given in the Tender Data) and will be submitting our tender before the closing date as instructed. 2. We do not intend to submit a tender for this work, and return all of the attached documentation herewith. Our reason for not wishing to submit a tender is as follows: Yours faithfully For the tenderer Page 3 of 24 3

4 T1.2 TENDER DATA 1 General Tender Information The Eskom Representative is Name Ms M Mandere Address Eskom SOC Limited, Sunilaws Office Park, Beacon Bay Tel No Fax No E mail manderm@eskom.co.za A tenderer is a person, sole proprietorship, partnership, close corporation, joint venture or company eligible to submit a tender in accordance with the following conditions: If a Joint Venture, every member must be registered and the lead partner must have a grading designation in the (Electrical Engineering Works) EP class of construction work. The combined contractor grading designation calculated in accordance with the CIDB Regulations is equal to or higher than a grading designation determined in accordance with the sum tendered for a 4EP PE class of construction works. Registered (country) Republic of South Africa A standard Tender Evaluation Process will be followed based on the following PPPFA requirement, i.e: Stage 1 Functionality (Technical, SHE and Quality) Stage 2-80% Price - 20% BBBEE A four (4) step evaluation will be conducted: Commercial Functionality Price and Preference Financial Page 4 of 24 4

5 STAGE 1 STEP 1 Basic Compliance: Valid Tax Clearance Certificate/Letter of Application Authority to submit a tender (Mandatory) Letter of Good Standing COID or (Letter of Intent/Letter of application) Declaration Regarding Fair Bidding Practices (Mandatory) Supplier declaration of Interest (Mandatory) Contract Data Part 2: Data Provided by Contractor Tax Clearance Certificate CIDB Grading 4 EP PE BBBEE Certificate Priced Bill of Quantities (Mandatory) Business Registration Documents (Mandatory) Completed Preference Points Claim Form CSD registration (Mandatory) Threshold of a 100% compliance to be achieved Note: It is to be noted that where any certificates, proof of registration or the like is required to be submitted as the tender returnable, the contractor must ensure that Eskom is in the possession of valid certificate of proof of registration for the duration of the validity period of the tender, and if the tender is successful, up to contract award. STEP 2 FUNCTIONALITY: The review will be done by the cross functional team consisting of technical team: Commercial, Quality, SHE and Environmental Elements of Functionality Weight Technical 100% Total 100% The Tenderers will be required to meet a minimum score of 75% to be evaluated any further. Page 5 of 24 5

6 THE CRITERIA AND WEIGHTS WILL BE AS FOLLOWS: TECHNICAL: The weight for the technical review will be 100% and will be based on: The tenderers are required to get at least 75% to pass technical evaluation. TECHNICAL CRITERIA Company previous related works experience, previous good performance. Individual Points Minimum Completed similar projects: 1 to 3 40% 40% Completed similar projects: 4 to 6 45% Maximum Completed similar projects: 6 to 9 50% Completed similar projects: 10 to 15 53% 53% List of plant & Equipment Proof of ownership Owner 5% 5% Rented 3% 3% CV of proposed Site supervisor and Project Manager (16.1) appointments for the project. To indicate experience Completed similar projects: 1 to 3 25% 25% Completed similar projects: 4 to 6 30% Completed similar projects: 6 to 9 33% Completed similar projects: 10 to 15 35% 35% Proposed Program (Key dates considered) 3% 3% 3% Proposed Project Cash Flow 4% 4% 4% 75% 100% STEP 3 FINANCIAL ANALYSIS: An analysis of the tenderers financial statements will be conducted for the purposes of establishing the tenderers financial viability and ability to meet all of its contractual obligations for the duration of the contract, should the tenderer be awarded the contract. Where applicable a financial evaluation will be conducted by Eskom to further evaluate the financial viability of the tenderer. Two recent years financial statements are required in order to conduct financial analysis. Page 6 of 24 6

7 OBJECTIVE CRITERIA: SHE, QUALITY & SD & L SAFETY, HEALTH & ENVIRONMENT (SHE): Objective requirements will be based on: SHE EVALUATION CRITERIA The SHE with reference evaluation will be evaluated based on the mandatory criteria set below: Health and Safety Plan Submission (Items for evaluation as per the SHE Plan Evaluation document Check Sheet Doc.NO: DXSHEQSF0013) QUALITY (QM-58): Objective requirements Objective quality requirements Deliverables to be evaluated indicator Sub-Section A Score Option 1 4 SECTION A : Quality Management System Requirements ISO 9001:2008 (Option 2) Objective evidence of documented QMS that is not certified but complies with ISO9001 A.1 Quality Manual /or Quality Method statement with mandatory procedures 1 A.2 Copy of procedure for control of suppliers & subcontractors 1 Section A Score 2 OR SECTION C : Contract Quality Plan Requirements (Ref QM-58 Annexure C or ) Contract Quality Plan as per Scope of Works (Ref ISO / / 39-71) C.1 Supplier identified the persons responsible for drafting the CQP/PQP 1 C.2 Scope of CQP/PQP is complete, and aligned with the Works Information. 1 C.3 Acceptance of CQP/PQP by Employer (meeting of Quality objectives) 1 C.4 Preliminary Management authority & responsibility Matrix submitted 1 C.5 Document control and Index of Documentation to be loaded to the QMS Data book 1 C.6 Control of Quality Records- process to complete, keep and dispose records. 1 C.8 Allow for Customer Requirement reviews / specifications adjustments 1 C.9 Setup communication channel on quality issues (fixed contract meetings) 1 C.10 Provide for Design reviews and development approval processes. 1 C.11 Purchasing- Submit a list of all suppliers and subcontractors. 1 C.12 Production- List of items to be supplied/manufactured & to be refurbished 1 C.13 Describe Identification and traceability of items. 1 C.14 Describe Procedures in dealing with Customer property 1 C.15 Submit process & procedures for Storage and handling 1 C.16 Procedure & draft Concession request for Non-conforming products 1 C.17 Describe monitoring and measurement procedures 1 Page 7 of 24 7

8 C.18 Identify Inspection and testing equipment and calibration certificates. 1 Section C Score 17 SECTION D: Quality Control Plan Requirements (Ref QM-58 Annexure I or ) QCP /Checklist/ ITP (Quality Control Plans) as per Scope of Works (Ref ISO / / 39-71) D.1 List of items/products/processes to be excluded from QCP/ITP's 1 D.2 List products/processes that require special controls (e.g. welding, NDT, etc.) 1 D.3 QCP/ITP/checklists are well structured and designed per activity 1 D.4 Index of all standards, specifications for all processes, products & materials. 1 D.5 QCP has recorded a sequence of witness/verification points 1 D.6 Proposed schedule of test and verification hold points recorded on QCP 1 D.7 Approval by Eskom required for hold points (Technical, Quality, Schedule ) 1 D.8 Provide for Revisions changes of QCP/ITP document 1 Section D Score 8 SD & L (SUPPLIER DEVELOPMENT & LOCALISATION): Objective requirements Preference will be given to 100% Black owned companies (including Black Women owned, Black Youth owned and Black People Living with Disabilities) resident in Eastern Cape and if that is not available any other company willing to JV a 40% stake with 100% Black owned Eastern Cape resident company having a CIDB grading 3EP to 5 EP. The criteria below will be used to determine company residency in the Eastern Cape. Those that are not 100% Black owned and are not resident in the Eastern Cape will only be considered for an award if they meet the preference for the tender award by submitting a completed and signed Annexure 1 (SD&L preference schedule to tender). The main aim of the preference is to improve ECOU s focus to local development and sustainability of the OU and Province, enhancing capability and capacity and enabling economic transformation in line with the shareholder compact. Criteria Weighting CIPC / CIPRO business registered address confirming 30% that the business is resident within the Eastern Cape Other statutory documents (COID letter, BEE certificate 10% etc) and business bank account confirmation confirming that the business is resident within the Eastern Cape South African Identity documents certified copies 25% (divided per shareholding%) Shareholder / Member / Owner address as per CIPC / 25% CIPRO Eastern Cape (divided per shareholding%) Supplier List (References) with contact details 5% Customer List (References) with contact details 5% Total 100% Page 8 of 24 8

9 STAGE 2 STEP 4 PRICE AND PREFERENCE ANALYSIS (STAGE 2) In terms of the Preferential Procurement Policy Framework Act (PPPFA) the 90/10 scoring system will be applicable to this tender" (1) BBBEE EVALUATION Tenderers are required to submit original and valid B-BBEE Status Level Verification Certificates or certified copies thereof together with their bids to substantiate the B-BBEE claims. Tenderers who do not submit B-BBEE Status Level Verification Certificates or non-compliant contributors to B-BBEE will not qualify for preference points for B-BBEE however will not be disqualified from the tender process. Such a tenderer will score points out of 90 for price and 0 points out of 10 for B-BBEE. Points awarded to a tenderer for attaining the B-BBEE Status Level of contribution in accordance with the table below: B-BBEE Number of Points - (80/20 system) Non-compliant contributor 0 The points scored for price will be added to the points scored for B-BBEE status level of contribution to obtain the tenderers total points scored out of a 100. Page 9 of 24 9

10 2 Tenderer's obligations The tender documents consists of the following: The Invitation to Tender Returnable documents NEC Contract & Conditions as per the Contract Data, Pricing Data, Works Information and Site Information Addenda & Minutes of the tender clarification meeting issued by Eskom Holdings SOC Limited A tender clarification meeting has been arranged for tenderers as follows: Commence at 10h00 am On 28 March 2017, (10h00) The venue is Amatola Substation, Keiskammahoek town Coords: Lat: 32 41'28.66"S; Long: 27 8'37.90"E The meeting arrangements are: It is compulsory for tenderers to be represented at this meeting, please bring memory stick along Tenderers shall confirm their intention to attend by no later than 24 March 2017 by notification to: Name M Mandere Fax No Address: manderm@eskom.co.za stating the name, position and contact details of each proposed attendee. The closing time for clarification of queries is 4 (four) days before the deadline for tender submission. The NEC3 Engineering & Construction Contract conditions, available separately, are stated in the Contract Data. Alternative tender(s) may be based only on the following criteria and subject to acceptance by Eskom SOC Holdings Limited. (Not Applicable) The tender to be submitted is for the whole of the works only. The tender shall be submitted the tender as follows: (A) NEC contract part 1 to 4 (Data & Pricing Data) : Original plus 1 copy. (B) Technical Submission : Original plus 1 copy. (C) SHEQ Submission : Original plus 1 copy. (D) Quality Submission : Original plus 1 copy. Page 10 of 24 10

11 The Invitation to Tender number is EMG 5659 The tender shall be addressed to Eskom as follows: The Gatehouse Sunilaws Office Park Corner Bonza Bay Road & Quenera Street Beacon Bay 5201 Attention: M Mandere The place for delivery of the tender is the Eskom Tender Box located at : The Gatehouse Sunilaws Office Park Corner Bonza Bay Road & Quenera Street Beacon Bay 5201 GPS Co-ordinates: 32 57' 11.1"S 27 56' 4.7"E Attention: M Mandere or the designated Fax Number (N/A) The deadline for tender submission is 10h00 hours on 11 th April 2017 (South African Standard Time). The validity period is 4 months Page 11 of 24 11

12 3 Eskom's undertakings The Eskom Representative will determine the evaluated tender price by adjusting the total of the Prices (if any) as follows: Making the specified correction for arithmetical errors. Excluding contingencies in any bill of quantities or activity schedule. Making an adjustment based on the application of the quantitative information entered by tenderers in the Contract Data provided by the Contractor to provisional amounts assessed by Eskom s Representative. A model tender assessment schedule suitable for use with Options A and B of the NEC Engineering and Construction Short Contract may be included in the tender returnables for this purpose. The number of copies of signed contract documents to be supplied by Eskom are: For the NEC Engineering and Construction Contract: One copy 4 Additional conditions of tender: None Page 12 of 24 12

13 Volume 2: INVITATION TO TENDER ENGINEERING CONSTRUCTION The tenderer must complete and return the following returnable documents: No Returnable Document / Schedule Tenderer s Tick Box A COMMERCIAL SUBMISSION - (ORIGINAL + 1 COPY) 1 Cover Sheet (Page 1) 2 Acknowledgement Form & Authorization Certificate/ Appointment letter of signatory mandatory 3 Declaration Regarding Fair Bidding Practices mandatory 4 Supplier s Declaration of Interest mandatory 5 Contract Data Part 2: Data provided by the Contractor NEC3 Part C1.2 mandatory 6 Priced Bill of Quantities NEC3 Part C4 mandatory 7 Copy of Business Registration Documents & ID Documents mandatory 8 Copy of a valid SARS Tax Clearance Certificate 9 CIDB GRADE 4 EP PE or higher mandatory 10 A copy of valid COID Registration Certificate or Letter of Good Standing mandatory 11 A copy of a valid B-BBEE Verification Certificate from an accredited Verification Agency/ Letter of Application 12 A copy of Certificate of Compliance with the Employment Equity Act 13 Contractors Liability Insurance policy information as per NEC3 Page 13 of 24 13

14 14 Completed Preference Points Claim Form Mandatory (if Preference Claim is opted for by tenderer) 15 Proof of CSD Registration Mandatory B TECHNICAL SUBMISSION (ONE ORIGINAL + COPY) 1 Company previous substation works experience, previous good performance. mandatory 2 List of plant & Equipment Proof of ownership mandatory 3 CV of proposed Site supervisor and Project Manager (16.1) appointments for the project. To indicate experience mandatory 4 Proposed Program mandatory 5 Proposed Project Cash Flow mandatory C FINANCIAL SUBMISSION (ONE ORIGINAL + Copy) 1 Copy of the last two years audited financial statements. mandatory D SHEQ SUBMISSION (ONE ORIGINAL + Copy) 1 SHE Plan Submission mandatory E QUALITY SUBMISSION (ONE ORIGINAL + Copy) 1 QM58. mandatory Page 14 of 24 14

15 Declaration of Fair Bidding Practices Returnable schedule Collusive tendering is prohibited by law. In recognition of the aforementioned principle, we hereby declare that this is a bona fide offer, intending to be competitive, and that we have not engaged in price-fixing with any other tenderer or person, or in any way colluded with any other tenderer or person in connection with this enquiry. DECLARATION: I, the undersigned [insert full name of signatory], duly authorised to complete this tender in my capacity as [insert capacity, i.e., member, director, partner, etc] on behalf of the tenderer [insert full name of the business entity] certify that, to the best of my knowledge, the information furnished herein is true and correct. I accept that Eskom reserves its right to act against the tenderer or me personally in terms hereof, should this declaration prove to be false. Page 15 of 24 15

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17 Volume 3: ENGINEERING AND CONSTRUCTION 1. AGREEMENTS AND DATA 1.1 Contract Data Part 1: Data provided by the Employer 1.2 Adjudicator s contract (if required with contract establishment) 2. PRICING DATA 2.1 Pricing instructions 3 EMPLOYER'S WORKS INFORMATION 3.1 See list of contents within the document itself 4 SITE INFORMATION 4.1 List documents as applicable 5 DRAWINGS 5.1 Works Information drawings 5.2 Site Information drawings Page 17 of 24 17

18 PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT REGULATIONS 2011 This preference form must form part of all tenders 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, TENDERERS 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 tenders: (a) - 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). 1.2 The value of this tender is estimated to exceed R (all applicable taxes included) and therefore the 90/10 system shall be applicable. 1.3 Preference points for this tender shall be awarded for: (b) (c) Price; and B-BBEE Status Level of Contribution The maximum points for this tender are allocated as follows: PRICE B-BBEE STATUS LEVEL OF CONTRIBUTION 20. Total points for Price and B-BBEE must not exceed 100 POINTS 1.4 Failure on the part of a tenderer to fill in and/or to sign this form and submit a B-BBEE Verification Certificate from a Verification Agency accredited by the South African Accreditation System (SANAS) or a Registered Auditor approved by the Independent Regulatory Board of Auditors (IRBA) or an Accounting Officer as contemplated in the Close Corporation Act (CCA) together with the tender, will be interpreted to mean that preference points for B-BBEE status level of contribution are not claimed The purchaser reserves the right to require of a tenderer, either before a tender is adjudicated or at any time subsequently, to substantiate any claim in regard to preferences, in any manner required by the purchaser. Page 18 of 24 18

19 2. DEFINITIONS 2..1 all applicable taxes includes value-added tax, pay as you earn, income tax, unemployment insurance fund contributions and skills development levies; 2.2 B-BBEE means broad-based black economic empowerment as defined in section 1 of the Broad -Based Black Economic Empowerment Act; 2.3 B-BBEE status level of contributor means the B-BBEE status received by a measured entity based on its overall performance using the relevant scorecard contained in the Codes of Good Practice on Black Economic Empowerment, issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act; 2.4 tender means a written offer in a prescribed or stipulated form in response to an invitation by an Organ of state for the provision of services, works or goods, through price quotations, advertised Competitive tendering processes or proposals; 2.5 Broad-Based Black Economic Empowerment Act means the Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003); 2.6 comparative price means the price after the factors of a non-firm price and all unconditional discounts that can be utilized have been taken into consideration; 2.7 consortium or joint venture 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; 2.8 contract means the agreement that results from the acceptance of a tender by an organ of state; 2.9 EME means any enterprise with an annual total revenue of R5 million or less Firm price means the price that is only subject to adjustments in accordance with the actual increase or decrease resulting from the change, imposition, or abolition of customs or excise duty and any other duty, levy, or tax, which, in terms of the law or regulation, is binding on the contractor and demonstrably has an influence on the price of any supplies, or the rendering costs of any service, for the execution of the contract; 2.11 functionality means the measurement according to predetermined norms, as set out in the tender Documents, of a service or commodity that is designed to be practical and useful, working or operating, taking into account, among other factors, the quality, reliability, viability and durability of a service and the technical capacity and ability of a tenderer; 2.12 non-firm prices means all prices other than firm prices; 2.13 person includes a juristic person; 2.14 rand value means the total estimated value of a contract in South African currency, calculated at the time of tender invitations, and includes all applicable taxes and excise duties; 2.15 sub-contract means the primary contractor s assigning, leasing, making out work to, or employing, another person to support such primary contractor in the execution of part of a project in terms of the contract; Page 19 of 24 19

20 2.16 total revenue bears the same meaning assigned to this expression in the Codes of Good Practice on Black Economic Empowerment, issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act and promulgated in the Government Gazette on 9 February 2007; 2.17 trust means the arrangement through which the property of one person is made over or bequeathed to a trustee to administer such property for the benefit of another person; and 2.18 trustee means any person, including the founder of a trust, to whom property is bequeathed in order for such property to be administered for the benefit of another person. 3. ADJUDICATION USING A POINT SYSTEM 3.1 The tenderer obtaining the highest number of total points will be awarded the contract. 3.2 Preference points shall be calculated after prices have been brought to a comparative basis taking into account all factors of non-firm prices and all unconditional discounts;. 3.3 Points scored must be rounded off to the nearest 2 decimal places. 3.4 In the event that two or more tenders have scored equal total points, the successful tender must be the one scoring the highest number of preference points for B-BBEE. 3.5 However, when functionality is part of the evaluation process and two or more tenders have scored equal points including equal preference points for B-BBEE, the successful tender must be the one scoring the highest score for functionality. 3.6 Should two or more tenders be equal in all respects, the award shall be decided by the drawing of lots. 4. POINTS AWARDED FOR PRICE 4.1 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 Where Pt P min Pt P min Ps = 80 1 or Ps = 90 1 P min P min Ps = Points scored for comparative price of tender under consideration Pt = Comparative price of tender under consideration Pmin = Comparative price of lowest acceptable tender Page 20 of 24 20

21 5. Points awarded for B-BBEE Status Level of Contribution 5.1 In terms of Regulation 5 (2) and 6 (2) of the Preferential Procurement Regulations, preference points must be awarded to a tenderer 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 Tenderers who qualify as EMEs in terms of the B-BBEE Act must submit a certificate issued by an Accounting Officer as contemplated in the CCA or a Verification Agency accredited by SANAS or a Registered Auditor. Registered auditors do not need to meet the prerequisite for IRBA s approval for the purpose of conducting verification and issuing EMEs with B-BBEE Status Level Certificates. 5.3 Tenderers other than EMEs must submit their original and valid B-BBEE status level verification certificate or a certified copy thereof, substantiating their B-BBEE rating issued by a Registered Auditor approved by IRBA or a Verification Agency accredited by SANAS. 5.4 A trust, consortium or joint venture, will qualify for points for their B-BBEE status level as a legal entity, provided that the entity submits their B-BBEE status level certificate. 5.5 A trust, consortium or joint venture will qualify for points for their B-BBEE status level as an unincorporated entity, provided that the entity submits their consolidated B-BBEE scorecard as if they were a group structure and that such a consolidated B-BBEE scorecard is prepared for every separate tender. 5.6 Tertiary institutions and public entities will be required to submit their B-BBEE status level certificates in terms of the specialized scorecard contained in the B-BBEE Codes of Good Practice. 5.7 A person will not be awarded points for B-BBEE status level if it is indicated in the tender documents that such a tenderer intends sub-contracting more than 25% of the value of the contract to any other enterprise that does not qualify for at least the points that such a tenderer qualifies for, unless the intended subcontractor is an EME that has the capability and ability to execute the sub-contract. Page 21 of 24 21

22 5.8 A person awarded a contract may not sub-contract more than 25% of the value of the contract to any other enterprise that does not have an equal or higher B-BBEE status level than the person concerned, unless the contract is sub-contracted to an EME that has the capability and ability to execute the sub-contract. 6. TENDER DECLARATION 6.1 Tenderers who claim points in respect of B-BBEE Status Level of Contribution must complete the following: 7. B-BBEE STATUS LEVEL OF CONTRIBUTION CLAIMED IN TERMS OF PARAGRAPHS AND B-BBEE Status Level of Contribution:. = (maximum of 10 or 20 points) (Points claimed in respect of paragraph 7.1 must be in accordance with the table reflected in paragraph 5.1 and must be substantiated by means of a B-BBEE certificate issued by a Verification Agency accredited by SANAS or a Registered Auditor approved by IRBA or an Accounting Officer as contemplated in the CCA). 8 SUB-ING 8.1 Will any portion of the contract be sub-contracted? YES / NO (delete which is not applicable) 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? YES / NO (delete which is not applicable) 9 DECLARATION WITH REGARD TO COMPANY/FIRM 9.1 Name of company/firm... : 9.2 VAT registration number : Company registration number. 9.4 TYPE OF COMPANY/ FIRM : Partnership/Joint Venture / Consortium One person business/sole propriety Close corporation Company (Pty) Limited [TICK APPLICABLE BOX] 9.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES Page 22 of 24 22

23 9.6 COMPANY CLASSIFICATION Manufacturer Supplier Professional service provider Other service providers, e.g. transporter, etc. [TICK APPLICABLE BOX] 9.7 Total number of years the company/firm has been in business? 9.8 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 contribution indicated in paragraph 7 of the foregoing certificate, qualifies the company/ firm for the preference(s) shown and I / we acknowledge that: (i) (ii) (iii) (iv) The information furnished is true and correct; The preference points claimed are in accordance with the General Conditions as indicated in paragraph 1 of this form. In the event of a contract being awarded as a result of points claimed as shown in paragraph 7, the contractor may be required to furnish documentary proof to the satisfaction of the purchaser that the claims are correct; If the B-BBEE status level of contribution 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) disqualify the person from the tendering 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; (d) restrict the tenderer or contractor, its shareholders and directors, or only the shareholders and directors who acted on a fraudulent basis, 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 (e) forward the matter for criminal prosecution Page 23 of 24 23

24 WITNESSES: 1. SIGNATURE(S) OF TENDERER(S) 2. DATE :.. ADDRESS :.. Page 24 of 24 24