Request for Proposal

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1 Request for Proposal BID No: SCMN010/2016 SECTION A Description: Appointment of a Panel of External Debt Collection for a period of Three (3) years Full Name of Bidding/Tendering Entity: Contact Person: Tel Number: Advert Date: 09 December 2016 COMPULSORY Briefing Session: Closing Date and Time: Issued by: No Briefing Session 13 January 2017 at 11:00 AM National Student Financial Aid Scheme (NSFAS) Page 1 of 65

2 Bidder s Authorised Signatory: Initials and Surname: Signature:.... Please indicate whether it is the original or copy, tick the applicable block ORIGINAL Copy NR Page 2 of 65

3 Glossary Award Conclusion of the procurement process and final notification to the successful bidder B-BBEE Broad-based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003) and the Codes of Good Practice issued thereunder by the Department of Trade and Industry Bid Written offer in a prescribed or stipulated form in response to an invitation by NSFAS for the provision of goods, works or services Contractor Organization with whom NSFAS will conclude a contract and potential service level agreement subsequent to the final award of the contract based on this Request for Bid Core Team Team members who fill the non-administrative positions against which the experience will be measured. DTI Department of Trade and Industry EME Exempted Micro Enterprise in terms of the Codes of Good Practice NSFAS National Student Financial Aid Scheme GCC General Conditions of Contract Original Bid Original document signed in ink, or Copy of original document signed in ink Originally certified To comply with the principle of originally certified, a document must be both stamped and signed in original ink by a commissioner of oaths. SCM Supply Chain Management SLA Service Level Agreement TOR Terms of Reference Page 3 of 65

4 Documents in this Bid Document Pack Bidders are to ensure that they have received all pages 01 to 65 of this document, which consist of the following sections: SECTION A Note: Documents in this section must be completed and returned or supplied with bids as prescribed. Section A 1: SBD1: invitation to Bid Section A 2: Executive Summary and Bid submission conditions and Instructions Section A 3: Specification SECTION B Note: Documents in this section must be completed and returned or supplied with bids as prescribed. Section B 1: Tax Clearance Certificate Section B 2:Declaration of Interest Section B 3:Declaration of bidder s past SCM practices Section B 4:Certificate of Independent Bid Determination Section B 5:Preference Points Claim form in terms of the Preferential Procurement Regulations 2011 Section B 6: General Conditions of Contract Page 4 of 65

5 Section A 1: SBD1: Invitation to Bid 1 Invitation to Bid You are hereby invited to bid for requirements of the National Student Financial Aid Scheme (NSFAS) All bidders must furnish the following particulars and include it in their submission (Failure to do so will result in your bid being disqualified) Name of bidder Valid, original Tax Clearance Certificate submitted YES / NO Postal Address Street Address Telephone Number Code: Number: Cellular Number Facsimile Number Address In case of a consortium/joint venture, full details on consortium/joint venture members: Entity name VAT registration number Tax Clearance Certificate submitted YES / NO Entity name VAT registration number Tax Clearance Certificate submitted Page 5 of 65

6 Section A 1: SBD1: Invitation to Bid Entity name VAT registration number Tax Clearance Certificate submitted Name of contracting entity in case of a consortium/joint venture Entity name: Postal address Street address: Contact details of responsible person who will act on behalf of the entity/consortium/joint venture for this bid Name and Surname: Telephone number: Code: Number: Cellular number: Facsimile number: Code Number address: Contact details of alternative responsible person who will act on behalf of the person above should he/she not be available Page 6 of 65

7 Section A 1: SBD1: Invitation to Bid Name and Surname: Telephone number: Code Number Cellular number: Facsimile number: Code Number address: Confirmation Are you the accredited representative in South Africa for the services offered by you: Yes No I/We, with the submission of this bid, hereby grant permission that SARS may, on an ongoing basis, for the duration of the contract, disclose our Tax Compliance Status to NSFAS. Yes No I/We hereby confirm that we are acting on behalf of an undisclosed principal: Yes No Page 7 of 65

8 Section A 1: SBD1: Invitation to Bid If yes, the identity of the principal is noted below: Declaration I/We have examined the information provided in your bid documents and offer to undertake the work prescribed in accordance with the requirements as set out in the bid document. The prices quoted in this bid are valid for the stipulated period. I/We confirm the availability of the proposed team members. We confirm that this bid will remain binding upon us and may be accepted by you at any time before the expiry date. Signature of bidder: Date:.... Are you duly authorised to commit the bidder: Yes No Capacity under which this bid is signed TOTAL BID PRICE (INCLUSIVE OF VAT) Page 8 of 65

9 Section A 2: Executive Summary and Bid submission conditions and Instructions 2 Executive Summary The National Student Financial Aid Scheme (NSFAS) is a statutory body providing financial aid to eligible students who wish to study at public universities and Technical Vocational Education and Training (TVET) colleges. NSFAS is mandated to manage and distribute funds in accordance with the provisions of the NSFAS Act (Act 56 of 1999). 3 Bid Submission Conditions and Instructions Conditions and instructions that bidders need to take note of: Fraud and Corruption All providers 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. Clarifications / Additional information Clarification Any clarification required by a bidder regarding the meaning or interpretation of the TOR, or any other aspect concerning the bid, are to be requested in writing by from scm@nsfas.org.za. The bid number should be mentioned in all correspondence. Telephonic requests for clarification will not be accepted. If appropriate, the clarifying information will be made available to all bidders by only. Additional Information During evaluation of the bids, additional information may be requested in writing from bidders, for clarity. Replies to such requests must be submitted, within 5 (five) working days from the date of request, or as otherwise indicated. Failure to comply, may lead to your bid being disregarded Page 9 of 65

10 Section A 2: Executive Summary and Bid submission conditions and Instructions 4 Submitting Bids One (1) original and one (1) hard copy, i.e. two documents must be handed in/delivered to: The deposit box situated at: 1st Floor, House Vincent Brodie Road Wynberg 7801 Tenders can be delivered and deposited into the tender box between 08:30 and 17:00, Mondays to Fridays and, prior to the closing date, and between 08:30 and 11:00 on the closing date. 1. No faxed or ed quotations will be accepted. 2. All tenders must be submitted on the official forms (not to be re-typed). 3. Only bids that are submitted as one (1) original and one (1) copy will be accepted as valid and responsive. The original and copies will be distributed to the tender evaluation panel, and must contain the same information and must all be nearly marked and professionally presented. 4. Respondents should ensure that quotations are delivered to NSFAS before the closing date and time to the correct physical address. If the quotation is late, it will not be accepted for consideration. 5. B: Bidders must indicate on the cover of each document whether it is the original or a copy. Copies must be numbered, e.g. Copy Bids should be submitted in a sealed envelope, marked with: Bid number (SCMN010/2016) Closing date and time (13 January 2017; 11:00 AM) The name and address of the bidder 7. Documents submitted on time by bidders shall not be returned. 5. Late Bids Bids received late will not be considered. A bid will be considered late if it arrived even one second after 11:00 am or any time thereafter. The tender (bid) box shall be locked at exactly 11:00 am and bids arriving late will not be considered under any circumstances. Bidders are therefore strongly advised to ensure that bids be dispatched allowing enough time for any unforeseen events that may delay the delivery of the bid. Page 10 of 65

11 Section A 2: Executive Summary and Bid submission conditions and Instructions 6. The official Telkom time (dial 1026) will be used to verify the exact closing time. Page 11 of 65

12 Section A 2: Executive Summary and Bid submission conditions and Instructions 7. Bids sent to the NSFAS via courier shall be deemed to be received at the date and time of arrival at the NSFAS premises (tender/bid box or reception). Bids received at the physical address after the closing date and time of the bid, shall therefore be deemed to be received late. Bidders should allow time to access the premises due to security arrangements that need to be observed. 8. Response Structure: The contents of the BID/TENDER document must be as follows, and 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 (tick box below): Yes No Schedule 1 Original Valid Tax Clearance Certificate Schedule 2 Certified Copies of Company Registration Documents Schedule 3 Completed and signed Tender Documents: including the following; SBD 4 SBD 6.1 SBD 8 SBD 9 General Conditions of Contracts (with every page initiated) Schedule 4 BBB-EE Certificate Schedule 5 Detailed Technical Proposal Profile including company experience Schedule 6 Mandatory Requirements: Hold an FSP Category II Licence i.e. discretionary intermediary and advisory services; Been in existence for at least 5 years; A minimum of R10 billion of third-party assets under management; and Valid SARS Tax Clearance Certificate. Schedule 7 Pricing Proposal (as per the attached pricing schedule) Page 12 of 65

13 Section A 2: Executive Summary and Bid submission conditions and Instructions Schedule 8 Company s Cancelled Cheque or Letter from the Bank not older than three months Schedule 9 Name and Surname of the representative attended Compulsory Briefing session for the bidding entity Schedule 10 National Treasury Central Supplier Database proof of registration (Mandatory) Page 13 of 65

14 Section A 2: Executive Summary and Bid submission conditions and Instructions *** BIDDERS TO REFER TO EACH CATERGORY FOR MORE DOCUMENTS TO BE ATTACHED Contract Negotiations: The successful Tenderers will be required to enter into a written contract with NSFAS. The final terms and conditions will be negotiated between NSFAS and the successful Tenderers. The GENERAL CONDITIONS OF CONTRACT (GCC) will form the basis of the contract; however, NSFAS reserves its rights to impose additional terms and conditions at its sole discretion. General Conditions of Contract are obtainable from The General Conditions of Contract must be accepted. 9. Payments 1. NSFAS will pay the Contractor the fees set out in the final contract according to the table of deliverables. No additional amounts will be payable by NSFAS to the Contractor The Contractor shall from time to time during the currency of the contract, invoice NSFAS for the services rendered. The invoice must be accompanied by supporting source document(s) containing detailed I information, as NSFAS may reasonably require, for the purposes of establishing the specific n nature, extent and quality of the services which were undertaken by the Contractor. No payment will be made to the Contractor unless an original tax invoice complying with section 20 of the VAT Act No 89 of 1991, as amended, has been submitted to NSFAS. Payment shall be made by bank transfer into the Contractor s back account normally 30 days after receipt of an acceptable, original, valid tax invoice. Money will only be transferred into a South African bank account. (Banking details must be submitted as soon as the bid is awarded). The Contractor shall be responsible for accounting to the appropriate authorities for its income tax, VAT or other moneys required to be paid in terms of the applicable law. Page 14 of 65

15 Section A 3 Specification 1. PURPOSE NSFAS seeks proposals from qualifying Service Providers in order to appoint a panel of external debt collectors who will assist in the on-boarding of debtors and in the recovery of outstanding loans and arrears of overdue debtors. This will be done on a champion challenger basis, with future work percentages to be allocated based on past success rates. In doing this, the aim is to increase the collection of funds and help the organisation fund more students in future. 2. BACKGROUND Since the inception of the scheme, NSFAS has funded over 1.5 million students to the value of over R50 billion in loans and bursaries, through funds allocated to NSFAS by the National Treasury. The annual increase of financially needy students has added strain on the fiscus and although the NSFAS funding allocation has increased substantially over the last few years, it does not provide sufficient funding for all financially needy students hence the need to recover outstanding loans from debtors. With the increase of students applying for academic admission, tuition fees and the limited available funding, it is imperative that NSFAS uses all relevant and available resources to collect amounts outstanding from debtors for injection into future funding of students. 3. REGULATION OF THE PANEL The panel will be appointed on the following basis: The appointment of panel members for campaigns will be done by RFQ and champion challenger basis. NSFAS will have the right to change the appointment criteria provided it is communicated to the panel. NSFAS will review the panel after 12 months and may add additional panel members or remove panel members based on poor performance. Each campaign will be managed via a Service level agreement with performance targets. NSFAS will apply rotation in terms of its procedures. These procedures will be communicated to the awarded bidders. NSFAS has the right to not appoint the highest scoring bidder. Page 15 of 65

16 Section A 3 Specification Successful appointment as a panel member does not mean that the member is assured of work. 4. MANDATORY REQUIREMENTS 4.1. A valid copy clearly showing proof of registration with the Council for Debt Collectors must be submitted. Failure to provide proof will lead to disqualification of the bid The bidder must meet the following requirements. The document in the table below must be completed and included in the returned proposal. Failure to complete the table below will lead to disqualification. The bidder must mark the appropriate column. If the bidder does not comply with any of the items in the table below it will result in disqualification. NSFAS has the option to verify the information on a site visit. Should a bidder have ticked comply and they do not comply when the site visit is conducted, NSFAS has the right to disqualify the bidder. Comply Do not comply 1. Call centre operations Dialler technology will be used (not in excel form, it must be dialler software) All calls are recorded and retrievable and will be provided to NSFAS within 24 hours when requested on a disc in MP3 format, with a unique identifier and delivered to NSFAS All calls will be handed over to NSFAS after the campaign has ended on a disc in MP3 format, with a unique identifier and delivered to NSFAS A quality assurance team performs quality assurance on calls by listening to the calls that have been taken after they have finished and rating the calls to determine if they are in accordance with the agreed script as well as the quality of the calls. (NSFAS has the right to perform their own quality assurance on calls) 2. Reporting Page 16 of 65

17 Section A 3 Specification A Customer Relationship Management (CRM) and Management Information (MI) system are in place 3. Fully functional outbound contact centre A fully functional contact centre is in place with a Project Manager or Customer Relations Manager who will be responsible for overseeing the NSFAS campaign. If all the requirements in the table above are met, the bidder will qualify for evaluation. 5. TERMS OF REFERENCE 5.1. FUNCTIONAL REQUIREMENTS Scope of work from the panel member: i. The requirement is for a Panel of external debt collectors to on-board debtors and to collect outstanding loans and arrears by obtaining debit orders mandates, payroll deductions mandates or full outstanding balance settlements. The debtors will pay directly into the NSFAS bank account. ii. A script will be agreed by NSFAS and provided to the Panel. iii. The bidder will provide NSFAS with a list of all mandates obtained in an agreed format and at an agreed frequency. iv. Updated contact details (cell number and address) of the debtor must also be provided to NSFAS on regular intervals as agreed upon in an agreed format with NSFAS. v. Detailed reporting will be provided to NSFAS in an agreed format and at an agreed frequency. vi. Agents should capture/log every query/complaint/input in a CRM system which should be made available to NSFAS at agreed time frames. vii. The bidder will provide NSFAS with a seasoned implementation team that will assist in making an efficient and effective transition. viii. NSFAS will provide the panel with the full names and ID numbers of all the debtors per campaign. Page 17 of 65

18 Section A 3 Specification ix. NSFAS will endeavor to provide accurate details regarding the customer s amounts outstanding, at the time of the handover of accounts. Updated balances will be provided by NSFAS on a monthly basis. x. NSFAS will provide product training. xi. The panel will be run on a champion challenger basis and future work will be allocated based on past success rates. xii. Accounts not activated within the agreed times will be removed from the service provider concerned at no cost to NSFAS. xiii. NSFAS will provide the bidder with a report of cash collections as per the agreed timelines. xiv. All recordings will be returned on a disc to NSFAS after the campaign has ended TECHNICAL EVALUATION Interested Service Providers are required to submit the following in order to qualify, in addition to the mandatory requirement as per point PROPOSAL AND METHODOLOGY A quality and in-depth proposal with details of the project and the implementation, showing an understanding of the requirements from NSFAS must be provided. The proposal must also address the following areas: Demonstrate ability to deliver a reliable platform for Outbound Contact Centre operations. Capable of providing a solution that is readily configurable, with minimal, if any, development required. Able to have a quick turn-around time and implementation from date of offer letter to date of calling debtors. Possess a thorough knowledge of debt recovery operational best practices. Page 18 of 65

19 Section A 3 Specification Have the ability to scale up or down quickly to meet the demands of outbound inquiries based on the number of leads received and according to program stage. Have a demonstrated ability to provide solutions supporting South African national languages. Produce performance reports and stats timeously as agreed and in the format as agreed COMPANY EXPERIENCE A detailed company profile(s) with full details of ownership and extent of services offered, also indicating the years of existence within this specialised field. Details of all parties involved if a Partnership is formed as part of the tender submission. In instances where partnerships are formed to meet all of the specification requirements, you are required to submit details of the partnership agreement, and the company profile of the partner(s) as part of your submission. The main Service Provider must be clearly indicated with whom all contractual arrangements would default SKILLS AND RESOURCES The proposal must indicate the names of the persons who will be assigned to this project, and their specific subject matter knowledge or experience in respect to the requirements of the project, clearly stating years of experience and the role in the project REPORTING Management Information System (a) The bidder must have appropriate Management Information System Reporting; (b) The bidder must submit reports as agreed upon with NSFAS in the agreed format and frequency; (b) At a minimum, the system shall be able to generate various reports based on data generated during its operation including but not limited to: Page 19 of 65

20 Section A 3 Specification Summary report Collectors individual stats Telephony Operations Report Summary of Call Selections Calls made per Time Slot Top 10 reasons for not obtaining mandate CRM collections system Service Provider shall deploy its own Customer Relationship Management (CRM) software which will: Maintain the profile of the debtors. The CRM software must include functionality such as Call Details Forms and Performance Data Capture (when required to update debtors address and contact details) Agent should capture/log every query/complaint/input in the CRM system which should be made available to NSFAS at agreed time frames. CRM should also support standard collections report generation OTHER SERVICE OFFERINGS The panel should be able to provide full debt recovery services to secure the loan, which may include legal services as and when requested to secure the debt. 6. CONTRACT PERIOD The contract period will be three (3) years from the date of appointment. Page 20 of 65

21 Section A 3 Specification 7. EVALUATION 7.1. Evaluation criteria: Bids will be evaluated in accordance with the following criteria: ELEMENT MAXIMUM POINTS Proposal, methodology and approach 30 Company experience 20 Skills and resources 20 Reporting 20 Legal services 10 TOTAL 100 Note: The minimum qualifying score for the technical requirement is 75 points. All tenders that fail to achieve the minimum qualifying score shall not be considered for further evaluation on Price and B-BBEE Preference Point System All tenders that will achieve the minimum qualifying score (acceptable tenders) will be evaluated further in terms of the price and preference point system as follows: CRITERIA POINTS Price 90 B-BBEE 10 TOTAL 100 Page 21 of 65

22 Proposal CRITERIA REQUIREMENT POINTS EVALUATION SCORE Contractor references e.g. Tender document. Page numbers of where documents / information are / is inserted NSFAS APPRAISAL TOTAL POINTS Bid No: SCMN010/2016 Section A 3 Specification 7.3. Technical requirements Note: it will be expected of bidders to supply proof or confirm their commitment where applicable. Please CLEARLY reference all supporting documentation by indicating schedule and page number. The bidder must provide a quality and in-depth proposal with the methodology clearly stating the project plan, resourcing and the implementation of the plan as well as the points mentioned in No quality and indepth proposal with the methodology clearly stating the project plan, resourcing and the implementation of the plan as well as the points mentioned in A detailed proposal documenting the methodology and project plan and resourcing for the project is provided and at least four of the points in are addressed A detailed proposal documenting the methodology and project plan and resourcing for the project is provided and all of the points in are 30 Page 22 of 65

23 Skills and resources Company Experience CRITERIA REQUIREMENT POINTS EVALUATION SCORE Contractor references e.g. Tender document. Page numbers of where documents / information are / is inserted NSFAS APPRAISAL TOTAL POINTS Bid No: SCMN010/2016 Section A 3 Specification addressed The Service Provider must have a minimum of 3 years experience with Outbound Contact Center specializing in the debt collection services 10 Company profile included in the proposal states less than 3 years experience in outbound contact centre specializing in debt collection Company profile included in the proposal states three or more years experience in outbound contact centre specializing in debt collection 0 10 Experience of contact center manager / relationship manager with a minimum of three years related experience in debt collection at that level 10 No CV of contact centre manager or CV provided but less than 3 years related experience in debt collection at that level 0 Page 23 of 65

24 Skills and resources CRITERIA REQUIREMENT POINTS EVALUATION SCORE Contractor references e.g. Tender document. Page numbers of where documents / information are / is inserted NSFAS APPRAISAL TOTAL POINTS Bid No: SCMN010/2016 Section A 3 Specification CV of Contact centre Manager provided, clearly stating at least 3 but less than 5 years related experience in debt collection at that level 5 CV of Contact centre Manager provided, clearly stating 5 or more years related experience in debt collection at that level 10 Experience of contact center team leader with a minimum of three years related experience in debt collection 10 No CV of Team Leader provided or CV provided and less than three years related experience in debt collection CV of Team leader provided clearly stating 3 or more years related experience in debt collection 0 10 Page 24 of 65

25 Company experience CRITERIA REQUIREMENT POINTS EVALUATION SCORE Contractor references e.g. Tender document. Page numbers of where documents / information are / is inserted NSFAS APPRAISAL TOTAL POINTS Bid No: SCMN010/2016 Section A 3 Specification Proof from a minimum of three (3) contactable references indicating that such project was successfully executed/currently successfully progressing (names of referees and contact details to be provided; details of projects to be included, and/or letters of reference) 10 Less than three contactable references on the references letterhead or three contactable references but no period of the contract, full name, stating of successful execution/successf ul progression or current contract and contact number provided Three contactable references on the references letterhead stating work performed, successful execution/successf ul progression thereon, period of the contract, name and contact number of the reference 0 10 Page 25 of 65

26 Reporting CRITERIA REQUIREMENT POINTS EVALUATION SCORE Contractor references e.g. Tender document. Page numbers of where documents / information are / is inserted NSFAS APPRAISAL TOTAL POINTS Bid No: SCMN010/2016 Section A 3 Specification Provide a sample of minimum reporting requirements: No sample reports provided or sample reports provided but it does not include sufficient or high quality reporting 0 Summary report Collectors individual stats Telephony Operations Report Summary of Call Selections Calls made per Time Slot 10 Provide at least four of the sample reports 5 Top 10 reasons for not obtaining mandate All sample reports provided 10 Page 26 of 65

27 Legal services CRITERIA REQUIREMENT POINTS EVALUATION SCORE Contractor references e.g. Tender document. Page numbers of where documents / information are / is inserted NSFAS APPRAISAL TOTAL POINTS Bid No: SCMN010/2016 Section A 3 Specification CRM systems are in place which can maintain the debtors profile, logs queries and complaints and support standard collections report generation 10 No examples or screenshots of a CRM system are provided Examples or screenshots of a CRM system are provided which show at least the debtors profile, queries logged and reports generated 0 10 Legal services can be provided as part of a set of services to support full debt collection 10 The company profile does not include legal services or there is no evidence of legal services performed to clients in reference letters The company profile includes legal services or there is evidence 0 10 in reference letters that legal services have been performed Page 27 of 65

28 Section A 3 Specification 8. Preference Points Systems All tenders that will achieve the minimum qualifying score (acceptable tenders) will be evaluated further in terms of the preference point system as follows: A maximum of 90 points is allocated for price on the following basis: 90/10 Pt Pmin Ps 901 Or Pt P min Ps 901 Pmin P min Where Preference points system Ps = Points scored for comparative price of bid under consideration Pt = Comparative price of bid under consideration Pmin = Comparative price of lowest acceptable bid 9. Reason for rejection of bids NSFAS will reject a proposal for the award of a contract if the recommended bidder has committed a proven corrupt or fraudulent act in competing for the particular contract. NSFAS will disregard the bid of any bidder if that bidder, or any of its directors or employees: That has abused the Supply Chain Management system of NSFAS; That has committed proven fraud or any other improper conduct in relation to such system; or That has failed to perform on any previous contract and the proof exists. Such actions will be communicated to the National Treasury and Department of Higher Education and Training. Page 28 of 65

29 Section A 3 Specification 10. Disclaimer NSFAS will apply Supply Chain Management Policy and where Policy is silent, will apply National Treasury Regulations. All costs incurred in drafting the proposal are those of the service provider. NSFAS reserves the right to engage with more than one service provider. 11. Closing date Bids must be delivered at the reception desk between 08:30 and 16:00, Mondays to Fridays, prior to the closing date, and between 08:30 and 11:00 am on the closing date. The closing date: 13 January 2017 at 11:00 am. Page 29 of 65

30 Section B 1: Tax Clearance Certificate THIS SECTION MUST BE COMPLETED AND RETURNED OR SUPPLIED WITH BIDS AS PRESCRIBED. SECTION B Page 30 of 65

31 Section B 1: Tax Clearance Certificate Tax Clearance Certificate Requirements It is a condition of bid (tender) that the taxes of the successful bidder must be in order, or that satisfactory arrangements have been made with South African revenue Services (SARS) to meet the bidder s tax obligations. 1. In order to meet this requirement, bidders are required to complete in full the form TCC 001 Application for a Tax Clearance Certificate and submit it to any SARS branch office nationally. The Tax Clearance Certificate Requirements are also applicable to foreign bidders/ individuals who wish to submit bids. 6 SARS will then furnish the bidder with a Tax Clearance Certificate that will be valid for a period of 1 (one) year from date of approval. 7 The original Tax Clearance Certificate must be submitted together with the bid. Failure to submit the original and valid Tax Clearance Certificate will result in the invalidation of the bid. Certified copies of the Tax Clearance Certificate will not be acceptable. 8 In bids where Consortia / Joint ventures / Sub-contractors are involved, each party must submit a separate Tax Clearance Certificate. 9 Copies of the TCC 001 Application for a Tax Clearance Certificate form are available from any SARS branch office nationally or on the website 10 Applications for Tax Clearance Certificates may also be made via efiling. In order to use this provision, taxpayers will need to register with SARS as efilers through the website PLEASE NOTE THAT SARS IS IN PROCESS OF IMPLEMENTING A NEW TAX COMPLIANCE STATUS (TCS) SYSTEM PLEASE REFER TO THE NATIONAL TREASURY INSTRUCTION 3 OF 2014/2015 AVAILABLE ON THE NATIONAL TREASURY WEBSITE Page 31 of 65

32 Section B 2: Declaration of Interest SBD4 1 Declaration of Interest 1 This declaration will be used by institutions to ensure that when goods and services are being procured, all reasonable steps are taken to combat the abuse of the supply chain management system. 2 The bid of any bidder may be disregarded if that bidder, or any of its directors have: a. abused the NSFAS 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. In order to give effect to the above, the following questionnaire must be completed and submitted with the bid. The following particulars must be furnished: 2.1 Full Name of bidder or his or her representative: 2.2 Identity Number: 2.3 Position occupied in the Company (director, trustee, shareholder², member): 2.4 Registration number of company, enterprise, close corporation, partnership agreement or trust: 2.5 Tax Reference Number: Page 32 of 65

33 Section B 2: Declaration of Interest 2.6 VAT Registration Number: The names of all directors / trustees / shareholders / members, their individual identity numbers, tax reference numbers and, if applicable, employee / PESAL numbers must be indicated in paragraph 3 below. 2.7 Are you or any person connected with the bidder presently employed by the state? Yes No If yes, 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: State means (a) (b) (c) (d) (e) 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); Any municipality or municipal entity; Provincial legislature; National Assembly or the National Council of Provinces; Parliament. 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 Page 33 of 65

34 Section B 2: Declaration of Interest Any other particulars: If you are presently employed by the state, did you obtain the appropriate authority to undertake remunerative work outside employment in the public sector? Yes No If yes, did you attach proof of such authority to the bid document? Note: Failure to submit proof of such authority, where applicable, may result in the disqualification of the bid. Yes No If no, furnish reasons for non-submission of such proof: 2.8 Did you or your spouse, or any of the company s directors / trustees / shareholders / members or their spouses conduct business with the state in the previous twelve months? Yes No If so, furnish particulars: Page 34 of 65

35 Section B 2: Declaration of Interest 2.9 Do you, or any person connected with the bidder, have 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? Yes No If so, furnish particulars: 2.10 Are you, or any person connected with the bidder, 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? Yes No If so, furnish particulars: 2.11 Do you or any of the directors / trustees / shareholders / members of the company have any interest in any other related companies whether or not they are bidding for this contract? Yes No If so, furnish particulars: Page 35 of 65

36 Section B 2: Declaration of Interest 3. Full details of directors / trustees / members / shareholders. Full Name Identity Number Personal Income Tax Reference Number State Employee Number / PERSEL Number Page 36 of 65

37 Section B 2: Declaration of Interest 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 Date.... Position Name of bidder.... Page 37 of 65

38 Section B 3: Declaration of Bidders Past SBD 8 Declaration of bidder's past Supply Chain Management practices 1. This declaration will be used by institutions to ensure that when goods and services are being procured, all reasonable steps are taken to combat the abuse of the supply chain management system. 2. 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. 3. In order to give effect to the above, the following questionnaire must be completed and submitted with the bid. The following particulars must be furnished: 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. Yes No 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. Page 38 of 65

39 Section B 3: Declaration of Bidders Past Yes No 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? Yes No If so, furnish particulars: 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? Yes No If so, furnish particulars: Page 39 of 65

40 Section B 3: Declaration of Bidders Past SBD8 Declaration I, THE UNDERSIGNED (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.... Page 40 of 65

41 Section B 4: Certificate of Independent Bid Determination SBD 9 CERTIFICATE OF INDEPENDENT BID DETERMINATION I, the undersigned, in submitting the accompanying bid: in response to the invitation for the bid made by: NSFAS (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) has been requested to submit a bid in response to this bid invitation; (b) could potentially submit a bid in response to this bid invitation, based on their qualifications, abilities or experience; and (c) 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. Page 41 of 65

42 Section B 4: Certificate of Independent Bid Determination 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. 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; (e) the submission of a bid which does not meet the specifications and conditions of the bid; or (f) 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. 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.... Page 42 of 65

43 Section B 5: Preference Points Claim form in terms of the Preferential Procurement Regulations 2011 SBD 6.1 PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT REGULATIONS 2011 NB: Before completing this form, bidders must study the general conditions, definitions and directives applicable in respect B- BBEE, as prescribed in the Preferential Procurement Regulations, GENERAL CONDITIONS 1.1 The following preference point systems are applicable to all bids: - the 90/10 system for requirements with a Rand value above R (all applicable taxes included). 1.2 The value of this bid is estimated to exceed R (all applicable taxes included) and therefore the 90/10 system shall be applicable. 1.3 Preference points for this bid shall be awarded for: (a) (b) Price; and B-BBEE Status Level of Contribution The maximum points for this bid are allocated as follows: POINTS Price B-BBEE Status Level of Contribution 10 Total points for Price and B-BBEE must not exceed 100 Page 43 of 65

44 Section B 5: Preference Points Claim form in terms of the Preferential Procurement Regulations Failure on the part of a bidder to fill in and/or to sign this form and submit a valid original or certified 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 bid, 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 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 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 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 services, works or goods, through price quotations, advertised competitive bidding 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; Page 44 of 65

45 Section B 5: Preference Points Claim form in terms of the Preferential Procurement Regulations contract means the agreement that results from the acceptance of a bid by an organ of state; 2.9 EME means any enterprise with 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 bid 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 bidder; 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 bid 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; 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. Page 45 of 65

46 Section B 5: Preference Points Claim form in terms of the Preferential Procurement Regulations ADJUDICATION USING A POINT SYSTEM 3.1 The bidder 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 bids have scored equal total points, the successful bid 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 bids have scored equal points including equal preference points for B-BBEE, the successful bid must be the one scoring the highest score for functionality. 3.6 Should two or more bids be equal in all respects, the award shall be decided by the drawing of lots. 4. POINTS AWARDED FOR PRICE 4.1 THE 90/10 PREFERENCE POINT SYSTEMS A maximum of 90 points is allocated for price on the following basis: 90/10 Pt P min Ps 901 P min Where Ps = Points scored for comparative price of bid under consideration Pt = Comparative price of bid under consideration Pmin = Comparative price of lowest acceptable bid Page 46 of 65

47 Section B 5: Preference Points Claim form in terms of the Preferential Procurement Regulations 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 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 Bidders who qualify as EMEs in terms of the B-BBEE Act must submit a certificate or a certified copy thereof, 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 Bidders 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. Page 47 of 65

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