RAF 2013 00016 Personal Transformation - Road Accident …：英国皇家空军2013 00016个人的转变，道路交通事故…
RFP NUMBER: RAF/2013/00016
Requests for Proposals from suitably qualified and experienced service providers to DESCRIPTION: provide Personal Transformation Workshops as and when required for a period of three (3)
years.
PUBLISH DATE: 21 June 2013
VALIDIY PERIOD: 90 Days from the closing date
CLOSING DATE: 16 July 2013
CLOSING TIME: 11:00 AM
THE CLOSING TIME WILL BE AS PER THE CLOCK AT THE RAF RECEPTION
BID RESPONSES Road Accident Fund (RAF)
MUST BE HAND Head Office
DELIVERED / 38 Ida Street, MENLO PARK
COURIERED PRETORIA
TO: (at the reception)
ATTENTION: Anna Mosupyoe
NB: Bidders must ensure that they sign the register at the reception when delivering their bids
BIDDER NAME:
Bidders should ensure that Bids are delivered on time to the correct address. If the bid is late, it shall not be
accepted for consideration. The RAF reception is generally accessible 8 hours a day (07h45 to 16h00); 5 days
a week (Monday to Friday). Bidders must ensure that they sign the register at the reception when delivering
Bids. Bidders must advise their couriers of the instruction above to avoid misplacement of bid responses.
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THE FOLLOWING PARTICULARS MUST BE FURNISHED (FAILURE TO DO SO SHALL RESULT IN
YOUR BID BEING DISQUALIFIED)
BIDDING STRUCTURE
Indicate the type of Bidding structure by marking with an „X?: Individual bidder Joint venture Consortium Using Subcontractors Other
If individual bidder, indicate the following: Name of bidder Registration number VAT registration number Contact person Telephone number Fax number E-mail address Postal address
Physical address
If Joint Venture or Consortium, indicate the following:
Name of prime contractor Registration number VAT registration number Contact person Telephone number Fax number E-mail address Postal address
Physical address
If Joint Venture or Consortium, indicate the following: (To be completed for each JV/ Consortium member)
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Name of Joint Venture/ Consortium member Registration number VAT registration number Contact person Telephone number Fax number E-mail address Postal address
Physical address
If using subcontractors, indicate the following: Name of prime contractor Registration number VAT registration number Contact person Telephone number Fax number E-mail address Postal address
Physical address
If using subcontractors, indicate the following: (To be completed for each subcontractor)
Name of subcontractor Registration number VAT registration number Contact person Telephone number Fax number E-mail address Postal address
Physical address
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TABLE OF CONTENTS FOR RFB: RAF/2013/00016
1. CONDITIONS AND UNDERTAKINGS BY BIDDER
2. BID CONDITIONS
3. GENERAL CONDITIONS OF CONTRACTS
4. ANNEXURES
ANNEXURE A: SBD 2 TAX CLEARANCE
ANNEXURE B: SBD 4 DECLARATION OF INTEREST
ANNEXURE C: SBD 6.1 BLACK ECONOMIC EMPOWERMENT
ANNEXURE D: SBD 8 DECLARATION OF BIDDER PAST SUPPLY
CHAIN MANAGEMENT
ANNEXURE E: SBD 9 CERTIFICATE OF INDEPENDENT BID
DETERMINATION
ANNEXURE F: SCOPE OF WORK
ANNEXURE G: SERVICE LEVEL AGREEMENT (SLA)
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1. CONDITIONS AND UNDERTAKINGS BY BIDDER BID
1.1 The Bid forms should not be retyped or redrafted but photocopies may be prepared and
used. However, only documents with the original signature in black ink shall be accepted.
Additional offers against any item should be made on a photocopy of the page in question. 1.1.1 Black ink should be used when completing Bid documents.
1.1.2 Bidders should check the numbers of the pages to satisfy themselves that none is missing or
duplicated. Road Accident Fund will accept NO liability in regard to anything arising from the fact
that pages are missing or duplicated.
1.2 I/We hereby Bid to supply all or any of the supplies and/or to procure all or any of the services
described in the attached documents to Road Accident Fund on the terms and conditions and in
accordance with the specifications stipulated in the Bid documents (and which shall be taken as
part of, and incorporated into, this Bid) at the prices inserted therein.
1.3 I/We agree that -
1.3.1 the offer herein shall remain binding upon me/us and open for acceptance by Road Accident Fund
during the validity period indicated and calculated from the closing hour and date of the Bid; 1.3.2 the laws of the Republic of South Africa shall govern the contract created by the acceptance of
my/our Bid and that I/we choose domicilium citandi et executandi in the Republic as indicated
below; and
1.4 NB: BIDDERS TERMS AND CONDITIONS ARE NOT ACCEPTABLE.
1.5 I/We furthermore confirm that I/we have satisfied myself/ourselves as to the correctness and
validity of my/our Bid that the price(s) and rate(s) quoted cover all the work/item(s) specified in the
Bid documents and that the price(s) and rate(s) cover all my/our obligations under a resulting
contract and that I/we accept that any mistakes regarding price(s) and calculations will be at
my/our risk.
1.6 I/We hereby accept full responsibility for the proper execution and fulfillment of all obligations and
conditions devolving on me/us under this Bid as the Principal(s) liable for the due fulfillment of this
contract.
Signature(s) of Bidder or assignee(s) Date
Name of signing person (in block letters)
Capacity
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Are you duly authorized to sign this bid?
Name of Bidder [company name] (in block
letters)
Postal address (in block letters)
Domicilium citandi et executandi in the RSA (full street address of this place) (in block letters)
………………………………………………………………………………………………………
…………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………
………………………………………………………………………………………………………………
Telephone Number: ................................................ FAX Number..............................................
Cell Number..…………………………….
2. BID CONDITIONS
2.1 Bidders shall provide full and accurate answers to all (including mandatory) questions posed in
this document, and, are required to explicitly state either "Comply” or “Not Comply” or “Partial”
(with a ,)" regarding compliance with the requirements. Where necessary, the bidder shall
substantiate their response to a specific question.
2.2 A “,” under “Accept” will be interpreted as full compliance/acceptance to the applicable
paragraph. A “,” under “not Accept” will be interpreted that the Bidder/s has/have read and
understood the paragraph, but the bidder does not accept the content of the applicable
paragraph.
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NOTE: If NOT Accepted is indicated as the level of non compliance and NO supporting
documentation is provided that clearly clarifies the Bidder/s position, the paragraph will
be evaluated as “Non Comply”.
It is mandatory for the bidders to comply with the following bid conditions.
2.3 The following bid conditions will govern the contract between the Road Accident Fund and the
successful bidder:
Requirement ACCEPT NOT ACCEPT
2.3.1
Bidders are invited to offer the Services in accordance with the attached Specifications and the conditions within this document.
2.3.2
The successful Bidder/s will be contracted to procure the Services for a period to be agreed after which RAF reserves the right to review and extend the contract for further period/s
at the RAF?s discretion.
2.3.3
The fees will be negotiated.
Interpretation of requirements ACCEPT NOT ACCEPT
2.3.4
The Bidder/s shall accept RAF?s interpretation of any specific requirement in the Bid documents or Specifications should there be a difference of interpretation between the Bidder/s and RAF.
2.3.5
Should any dispute arise as a result of this Bid and/or the subsequent contract, which cannot be settled to the mutual satisfaction of the Bidder/s and RAF, it shall be dealt with in General Conditions of Contract of this document.
2.3.6
Should there be any discrepancies between the Bid
conditions and any other documentation that forms part of this RFP, the Bid conditions shall take preference.
Documentation ACCEPT NOT ACCEPT
2.3.7
Fully comprehensive service documentation shall be supplied
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in English by each Bidder, which shall explicitly and detail, describe the service/s offered. This documentation shall include sufficient detail to clearly give the reader a precise and unambiguous description of the service/s offered. Incomplete or incomprehensive service documentation will result in rejection of the offer.
2.3.8
Bidder?s name and address should clearly appear on the outside of tender documents and on envelope.
Selection ACCEPT NOT ACCEPT
2.3.9
RAF reserves the right to evaluate and consider any Bids that do not comply strictly to this RFP.
2.3.10
Acceptance of any Bids will only indicate, without any obligations on the part of either RAF and/or a Bidder, the willingness of such parties to enter into negotiations, which may or may not result in a contract/order as the case may be.
2.3.11
RAF reserves the right to make a selection solely on the information received in the Bids or to negotiate further with one or more Bidder/s.
2.3.12
The Bidder/s selected for further negotiations, if any, will be chosen on the basis of the greatest benefit to RAF and not necessarily on the basis of lowest price or any other criteria.
2.3.13
Should RAF consider it necessary, the Bidder/s shall agree
to an inspection of the resources and works of the Bidder, if so required?
2.3.14
Should RAF consider it necessary, RAF will visit the Bidder/s customer sites.
2.3.15
RAF reserves the right:
2.3.15.1 to cancel this RFP at any time;
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2.3.15.2 not to accept any Bids;
2.3.15.3 to accept one or more Bids for further negotiation
and;
2.3.15.4 to contact any Bidder during the evaluation
period, to clarify information only, without
informing any other Bidder.
Copyright ACCEPT NOT ACCEPT
2.3.16
The specifications are the intellectual property of Road Accident Fund.
2.3.17
The contents of any specifications are the property of RAF and are confidential. It shall not in any manner be reproduced, destroyed, lent or given away without
permission.
Precedence ACCEPT NOT ACCEPT
2.3.18
All details, dimensions and instructions shown on any drawings, diagrams and specifications quoted, shall form part of this bid document.
2.3.19
If there is any contradictory requirements between the
specifications, the drawings referred to and other specifications that have been quoted, the order of precedence, from highest to lowest is:
, Statutory and mandatory requirements,
, This bid document,
, Contract Conditions.
Alternative suppliers ACCEPT NOT ACCEPT
2.3.20
The Bidder accepts that the RAF will have the right to contract with any other Service Provider for provision of services not covered by this specification.
2.3.21
Bidder must also submit: A written statement to the specification of RAF by the bidder, that none of his personnel have any involvement or interest in the bidder?s business.
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Service approval ACCEPT NOT ACCEPT
2.3.23
The Procuring of the Services shall not take place until RAF has given final approval of all procedures.
Additional Criteria ACCEPT NOT ACCEPT
2.3.24
RAF will evaluate the bids against the following criteria:
, Compliance to the Specifications/
Functionality
, Price
, Economic Empowerment
, Compliance to Bid Condition
Black Economic Empowerment ACCEPT NOT ACCEPT
2.3.25
RAF has established a programme of economic
empowerment in our procurement strategies. In this regard, companies are required to indicate their involvement, current and planned, with black businesses and professionals. This will form an important part of the
evaluation criteria to be used. RAF reserves the right to request all relevant information, agreements and other documents to verify information supplied in response hereto.
Addenda ACCEPT NOT ACCEPT
2.3.26
In the event that modifications, clarifications or additions to the RFP become necessary, all Bidders will be notified, in writing, addenda to this RFP.
Preparation Costs ACCEPT NOT ACCEPT
2.3.27
All costs incurred in the preparation, presentation and demonstration of the response shall be for the account of the bidder. All supporting documentation and manuals submitted with RFP will become RAF property unless
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otherwise stated by the Bidder/s at the time of submission.
2.3.28
Any material submitted by the Bidder/s, which is
considered to be confidential in nature, must be clearly
marked as such.
Payment Terms – Local Creditors ACCEPT NOT ACCEPT
2.3.29
Payments of invoices will be effected on by last day of the
calendar month following the calendar month of receipt of
a correct and original invoice. Invoices/statements should
be submitted after RAF has acknowledged receipt of the
services procured or goods supplied. A correct and original
monthly statement reflected the above invoices must be
thsubmitted to RAF by the 5 of each month.
Please note that the following clauses of RAF?s conditions and Procedures governing the Procurement of Services.
2.4 CONTRACT TERMINATION
2.4.1 A contract/s with a successful Bidder/s may be terminated by the RAF on the grounds of valid
commercial or operational requirements that were not foreseen at the time of the Request for Bid
being submitted and the contract being entered into. The RAF, if it wishes to terminate the
contract, shall be required to give 30 (thirty) days written notice of its intention to terminate the
contract. Such notice must be preceded by bona fide discussion between the RAF and the
successful Bidder. In this instance the RAF shall only remain liable for all amounts due to the
successful Bidder with respect to the period ending on the date of the cancellation, and shall not
be held liable for any damages or losses on the basis of such a termination of the contract.
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2.5 DISPUTE RESOLUTION
2.5.1 All disputes arising out of this RFP or relating to the legal validity of this RFP or any part thereof
shall be resolved under this paragraph. The parties must refer any dispute to be resolved by:
o Negotiation, in terms of paragraph 2.5.3; failing which
o Mediation, in terms of paragraph 2.5.4; failing which
o Arbitration, in terms of paragraph 2.5.6.
2.5.2 Paragraph Clause 2.5.1 shall not preclude any party from access to an appropriate court of law for
interim relief in respect of urgent matters by way of an interdict, or mandamus pending finalisation
of the dispute resolution process contemplated in paragraph 2.5.1, for which purpose the parties
irrevocably submit to the jurisdiction of a division of the High Court of the Republic of South Africa.
2.5.3 Within ten (10) days of notification, the parties must seek an amicable resolution to the dispute by
referring the dispute to designated and authorized representatives of each of the parties to
negotiate and resolve the dispute. If an amicable resolution to the dispute is found the authorized
representatives of the parties must sign, within the ten (10) day period, an agreement confirming
that the dispute has been resolved.
2.5.4 If negotiation in terms of paragraph 2.5.3 fails, the parties must, within fifteen (15) days of the
negotiations failing, refer the dispute for resolution by mediation under the rules of the Arbitration
Foundation of Southern Africa (or its successor or body nominated in writing by it in its stead).
2.5.5 The periods for negotiation (specified in paragraph 2.5.3) or for referral of the dispute for
mediation (specified in paragraph 2.5.4), may be shortened or lengthened by written agreement
between the parties.
2.5.6 In the event of the mediation contemplated in paragraph 2.5.4 failing the parties shall refer the
dispute, within fifteen (15) days of the mediation failing, for resolution by expedited arbitration
under the current rules of the Arbitration Foundation of Southern Africa (or its successor or body
nominated in writing by it in its stead).
2.5.7 A single arbitrator shall be appointed by agreement between the parties within ten (10) days of the
dispute being referred for arbitration, failing which the arbitrator shall be appointed by the
Secretariat of the Arbitration Foundation of Southern Africa (or its successor or body nominated in
writing by it in its stead).
2.5.8 At all times, every reasonable effort shall be made to ensure that such arbitrator has the
necessary technical skills to enable him to adjudicate the dispute in a satisfactory manner.
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2.5.9 The arbitration shall be held at Sandton, South Africa, in English.
2.5.10 The South African law shall apply.
2.5.11 The parties shall be entitled to legal representation.
2.5.12 The award of the arbitrator shall be final and binding on the parties, who hereby agree to give
effect to the award. Either party shall be entitled to have the arbitrator?s award made an order of
court at the cost of the party requesting same.
2.5.13 This paragraph shall constitute the irrevocable consent of the parties to the dispute resolution
proceeding in terms hereof and neither of the parties shall be entitled to withdraw there from or to
claim at any arbitration proceedings that they are not bound by the arbitration provisions of this
RFP.
2.5.13 Both parties shall comply with all the provisions of the RFP and with all due diligence during the
determination of such dispute should the latter arise during the course of the RFP.
2.6 PAYMENT TERMS - LOCAL CREDITORS
2.6.1 Original, detailed, correct and complete tax invoices, monthly statements (where applicable), VAT
registration numbers (where applicable), verification of bank details (in the format required) and
any other relevant supporting documents must be submitted to the Fund after it has
acknowledged receipt in writing of the services procured or goods received, to its satisfaction.
2.6.2 Tax invoices and all necessary supporting documents contemplated in 9.1 above must be
stsubmitted to the Fund by the 1 (first) business day of a calendar month in order for payment to be
effected by the end of the same calendar month. Otherwise payment shall be effected by the end
of the following calendar month. Payments shall furthermore only be made on condition that the
required documentation submitted are the originals, correct and complete.
2.6.3 Payment shall be effected by electronic bank transfer or any other method of payment decided to
be used by the Fund from time to time and at the Fund?s sole discretion.
2.6.4 Payment shall furthermore be subject to the Fund?s standard Special Terms and Conditions of
Contract, which if applicable shall prevail over this clause in all instances; and a copy whereof
shall be furnished upon request.
2.7 TERMINATION
2.7.1 The following clause will be applicable to all contracts entered into/orders placed by RAF:
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If, at any time during the currency of this Bid and subsequent contract/order, RAF in its
reasonable discretion determines that the other party has, in respect of this bid, contract/order or
any other contract/order or agreement to which they were or are parties to:
, Acted dishonestly and/or in bad faith, and/or
, Has made any intentional or negligent misrepresentation to RAF whether in any
negotiations preceding the conclusion of, or in the execution of this RFP or any other
agreement between the parties,
Then RAF shall be entitled by written notice to the other party forthwith to cancel this
contract/order. Upon such cancellation, RAF shall be entitled, in addition to all other remedies
available to it, to recover from the other party all damages it has suffered by virtue of such conduct
by the other party. Should, at the time of such cancellation, AF be indebted to the other party for
any amounts whatsoever, RAF shall be entitled to withhold payment in respect thereof for a
period of 90 (ninety) days from the date of cancellation in order to investigate the party?s conduct
and any damages suffered by RAF. NO payment by RAF to the other party after the lapse of such
period shall preclude RAF thereafter, from recovering from the other party any such damages as
it may have suffered.
2.8 SPECIFIC INFORMATION REQUIRED
For ease of reference and evaluating purposes, please furnish replies under the same headings
and refer individually to all specific paragraph numbers. Please be clear in your response and use
definite answers.
2.9 COPIES REQUIRED
It is a condition that the Bidder/s shall furnish a proposal comprising of one original plus 2 (Two)
copies for the supply of products and services enumerated in this Request for Bid Document. The
Bidder/s shall ensure that all the relevant information and documentation is submitted with the
original as well as the copies. RAF shall not be liable should it become evident that a Bidder/s
offer/s is/are not accepted and the reason for such non-acceptance is as a result of the Bidder/s
failure to include the information in all three copies.
2.10 DUE DILIGENCE
Bidder/s must supply Financial Information as requested in par 2.11.10 and Annexure C. 2.11 GENERAL VENDOR INFORMATION
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The following general information is required from the prospective vendor: 2.11.1 NAME OF COMPANY/TRADING AS:
, Postal Address
, Street Address
, Telephone and facsimile numbers
2.11.2 COMPANY HEAD OFFICE:
, Postal Address
, Street Address
, Telephone and facsimile numbers
2.11.3 Contact person
2.11.4 List of Directors/Partners/affiliated companies with proof
List of Directors/Partners/affiliated companies with proof of shareholding with this companies/trust -
Compulsory
2.11.5 List of shareholders (Certified original copies of individual share certificates/certified original
copies of Cipro registration document indicating members with percentage interest) –
Compulsory.
2.11.6 Date of registration – Compulsory – [if applicable]
2.11.7 Company registration number. – Compulsory [if applicable]
2.11.8 Draw or attach the organizational structure of your company:
a) Ownership structure, i.e. the % shareholding by major investors and controlling interest in
affiliated companies.
b) Basic functional structure, i.e. the administrative section of your company with which RAF
will be dealing on a day-to-day basis.
2.11.9 Original Valid Tax Clearance Certificate. - Compulsory
2.11.10 Audited Financial Statements with auditor?s report of the company for the past three years. /
Financial Statements of a CC for the past three years prepared by an independent accountant
with proof. – Compulsory
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2.12 INFRASTRUCTURE
a) Would you describe your business as international, national or regional?
b) List all branches and offices of your company countrywide (Republic of South Africa)
together with telephone numbers.
2.13 ACTIVITY AND SERVICE PROFILE
2.13.1 Detailed description of main field of expertise/area of operation of company. 2.13.2 Range of services offered.
2.13.3 Reference list of some contracts completed during the last 3 to 5 years, including value, duration,
location and contact persons
2.13.4 List of current contracts and value thereof. Submit a list of current contracts, contact person and
contract numbers
Has any contract with your company ever been cancelled by a client? If YES, provide details. 2.14 TRAINING CAPABILITIES
2.14.1 Does you company have any in-house training capabilities? (Infrastructure)
2.14.2 If YES, provide an overview of:
, Activities included in this process (in-house training).
, Method used for evaluating the effectiveness of the in-house training capabilities to ensure
the required level of service is maintained.
2.14.3 What training is done by the company?
2.14.4 What type of training is done for you by other companies and who are these companies? (Provide
details please)
2.14.5 What type of continuing/supplementary training is done by the company? Give details of subjects,
schedules, etc.
2.14.6 Do you have staff in your training department employed on a contract basis? If YES, give details.
2.15 MANAGEMENT AND SERVICING
2.15.1 Please supply a full description of how the company is organized together with an organization
organogram.
2.15.2 Please indicate a breakdown of staff compliment into management/ supervisors/ administration/
guards/ other services (specify).
2.15.3 Please provide details of qualifications with regards to management/supervisory expertise in the
company.
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2.15.3.1 Are all these personnel employed on a full time basis? If not, provide details.
2.16 ELECTRONIC DATA INTERCHANGE
Respond to the following questions in respect of Electronic Data Interchange (EDI). Please tick
the relevant box.
a) Do you have access to Internet?
Yes No
b) Are you interested in Electronic Data Interchange (EDI) between yourselves and RAF?
Yes No
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2.17 REASONS FOR DISQUALIFICATION
2.17.1 The RAF reserves the right to disqualify any bidder which does any one or more of the
following, and such disqualification may take place without prior notice to the offending
bidder, however the bidder shall be notified in writing of such disqualification: 2.17.1.2 bidders who do not submit a valid and original Tax Clearance Certificate on the closing date
and time of the bid;
2.17.1.3 bidders who submitted incomplete information and documentation according to the
requirements of this RFP;
2.17.1.4 bidders who submitted information that is fraudulent, factually untrue or inaccurate, for
example memberships that do not exist, BEE credentials, experience, etc.; 2.17.1.5 bidders who received information not available to other vendors through fraudulent means;
and/or
2.17.1.6 bidders who do not comply with mandatory requirements as stipulated in this RFP.
2.17.2 There shall be no public opening of the Bids received; however, the list of bids received may
be published on the RAF website. There shall be no discussions with any enterprise until
evaluation of the proposal has been complete. Any subsequent discussions shall be at the
discretion of the RAF. Unless specifically provided for in the proposal document, bids
submitted by means of telegram, telex, facsimile or similar means shall not be considered. 2.17.3 No Bids from any bidder with offices within the RSA shall be accepted if sent via the Internet or
e-mail. However Bids from international bidders with no office or representation in the RSA
shall be accepted if received via the Internet or e-mail before the closing date and time.
2.17.3.1 Such Bids shall not be made available for evaluation until the original signed documentation is
received within three (3) working days after the closing date, otherwise the proposal shall be
disqualified. International bidders must submit proof that they do not have any offices or
representation in South Africa.
2.18 ENQUIRIES
2.18.1 Enquiries regarding this Request for Proposal should be submitted via e-mail to:
Bid enquiries:
Advanced Procurement annah@raf.co.za Specialist
Enquiries should reference specific paragraph numbers, where appropriate.
All questions/ enquiries must be forwarded in writing not later than 11h00 am on
10 July 2013.
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Questions/enquiries received after 11:00 on 10 July 2013 will not be entertained.
Questions/Answers will be published on RAF website on 12 July 2013
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3 GENERAL CONDITIONS OF CONTRACTS
3.1 Definitions
The following terms shall be interpreted as indicated:
3.1.1 “Closing time” means the date and hour specified in the bidding documents for the receipt of bids.
3.1.2 “Contract” means the written agreement entered into between the purchaser and the supplier, as
recorded in the contract from signed by the parties, including all attachments and appendices
thereto and all documents incorporated by reference therein.
3.1.3 “Contract price” means the price payable to the supplier under the contract for the full and proper
performance of this contractual obligation.
3.1.4 “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.
3.1.5 “Countervailing duties” are imposed in cases where an enterprise abroad is subsidized by its
government and encouraged to market its products internationally.
3.1.6 “Country of origin” means the place where 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 basis characteristics or in purpose or utility from its components.
3.1.7 “Day” means calendar day.
3.1.8 “Delivery” means delivery in compliance of the conditions of the contract or order.
3.1.9 “Delivery ex stock” means immediate delivery directly from stock actually on hand.
3.1.10 “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.
3.1.11 “Dumping” occurs when a private enterprise abroad market its good on own initiative in the RSA at
lower prices than that of the country or origin and which have the potential to harm the local
industries in the RSA.
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3.1.12 “Force majeure” means an event beyond the control of the supplier and not involving the supplier?s
fault or negligence and not foreseeable. Such events may include, but is not restricted to, acts of
the purchaser in its sovereign capacity, wars or resolutions, fires floods, epidemics, quarantine
restrictions and freight embargoes.
3.1.13 “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.
3.1.14 “GCC” mean the General Conditions of Contract.
3.1.15 “Good” means all of the equipment, machinery, and/or other materials that the supplier is required
to supply to the purchaser under the contract.
1.1.15 “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 transportation and handling charges to the factory in
the Republic where the supplies covered by the bid will be manufactured.
1.1.16 “Local content” means that portion of the bidding price, which is not included in the imported
content provided that local manufacture does take place.
1.1.17 “Manufacture” means the production of products in a factory using labour, materials components
and machinery and includes other related value-adding activities.
1.1.18 “Order” means an official written order issued for the supply of goods or works or the procuring of a
service.
1.1.19 “Project site” where applicable, means the place indicated in bidding documents.
1.1.20 “Purchaser” means the organization purchasing the goods.
1.1.21 “Republic” means the Republic of South Africa.
1.1.22 “SCC” means the Special Conditions of Contract.
1.1.23 “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
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technical assistance, training, catering, gardening, security, maintenance and other such
obligations of the supplier covered under the contract.
1.1.24 “Written” or “in writing” means handwritten in ink or any form of electronic or mechanical writing.
3.2. Application
3.2.1 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.
3.2.2 Where applicable, special conditions of contract are also laid down to cover specific supplies,
services or works.
3.2.3 Where such special conditions of contract are in conflict with these general conditions, the special
shall apply.
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3.3. General
3.3.1 Unless otherwise indicated in the bidding documents, the purchase 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.
3.3.2 With certain exceptions, invitations for 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 www.treasury.gov.za.
3.4 Standards
3.4.1 The goods supplied shall conform to the standards mentioned in the bidding documents and
specifications.
3.5 Use of contracts documents and information
3.5.1 The supplier shall not, without the purchaser?s prior written consent, disclose the contract, or any
provision thereof, or any specification, plan, drawing, pattern, sample or information furnished by
or on behalf of the purchaser in connection therewith, to any person other than a person employed
by the supplier in the performance of the contract. Disclosure to any such employed person shall
be made in confidence and shall extend only as far as may be necessary for purposes of such
performance.
3.5.2 The supplier shall not, without the purchaser?s prior written consent, make use of any document or
information mentioned in GCC clause 5.1 except for purposes of performing the contract.
3.5.3 Any document, other than the contract itself mentioned in GCC clause 5.1 shall remain the
property of the purchaser and shall be returned (all copies) to the purchaser on completion of the
supplier?s performance under the contract if so required by the purchaser.
3.5.4 The supplier shall permit the purchaser to inspect the supplier?s records relating to the
performance of the supplier and to have them audited by auditors appointed by the purchaser, if so
required by the purchaser.
3.6 Patent rights
3.6.1 The supplier shall indemnity the purchaser against all third-party claims of infringement of patent,
trademark, or industrial design rights arising from use of the goods or any part thereof by the
purchaser.
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3.7 Performance Security
3.7.1 Within thirty (30) days of receipt of the notification of contract award, the successful bidder shall
furnish to the purchaser the performance security of the amount specified in GCC.
3.7.2 The proceeds of the performance security shall be payable to the purchaser as compensation for
any loss resulting from the supplier?s failure to complete his obligations under the contracts.
3.7.3 The performance security shall be denominated in the currency of the contract, or in freely
convertible currency acceptable to the purchaser and shall be in one of the following:
(a) a bank guarantee or an irrevocable letter or credit issued by a reputable bank located in
the purchaser?s country or broad, acceptable to the purchaser, in the form provided in the bidding
documents or another form acceptable to the purchaser; or
(b) a cashier?s or certified cheque
3.7.4 The performance security will be discharged by the purchaser and returned to the supplier not later
than thirty (30) days following the date of completion of the supplier?s performance obligations
under the contract, including any warranty obligations, unless otherwise specified in SCC.
3.8 Inspections, tests and analyses
3.8.1 All pre-bidding testing will be for the account of the bidder.
3.8.1.1 If it is a bid condition that supplies to be produced or services to be procured should at any stage
during production or execution or on completion be subject to inspection, the premises of the bidder
or contractor shall be open, at all reasonable hours, for inspection by a representative of the
Department or an organization acting on behalf of the Department.
3.8.2 If there are no inspection requirements indicated in the bidding documents and no mention is made
in the contract, but during the contract period it is decided that inspections shall be carried out, the
purchaser shall itself make the necessary arrangements, including payments arrangements with
the testing authority concerned.
3.8.3 If the inspection, test and analyses referred to in clauses 8.2 and 8.3 show the supplies to be in
accordance with the contract requirements, the cost of the inspections, tests and analyses shall be
defrayed by the purchaser.
3.8.4 Where the supplies or services referred to in clauses 8.2 and 8.3 do not comply with the contract
requirements, irrespective of whether such supplies or services are accepted or not, the cost in
connection with these inspections, tests or analyses shall be defrayed by the supplier.
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3.8.5 Supplies and services, which are, referred to in clauses 8.2 and 8.3 and which do not comply with
the contract requirements may be rejected.
3.8.6 Any contract supplies may, on or after delivery, be inspected; tested or analyzed and may be
rejected if found no to comply with the requirements of the contract. Such rejected supplies shall be
held at the cost and risk of the supplier who shall, when called upon, remove them immediately at
his own cost and forthwith substitute them with supplies which do comply with the requirements of
the contract. Failing such removal the rejected supplies shall be returned at the suppliers cost and
risk. Should the supplier fail to provide the substitute supplies forthwith, the purchase may without
giving the supplier further opportunity to substitute the rejected supplies purchase such supplies as
may be necessary at the expense of the supplier.
3.8.7 The provisions of clauses 8.4 to 8.7 shall not prejudice the right of the purchaser to cancel the
contract on account of a breach of the conditions thereof, or to act in terms of Clause 23 of GCC.
3.9 Packing
3.9.1 The supplier shall provide such packing of the goods as is required to prevent their damage or
deterioration during transit to their final destination, as indicated in the contract. The packing shall
be sufficient to withstand, without limitation, rough handling during transit and exposure to extreme
temperatures, salt and precipitations during transit, and open storage. Packing, case size and
weights shall take into consideration, where appropriate, the remoteness of the goods? final
destination and the absence of heavy handling facilities at all points in transit.
3.9.2 The packing, marking and documentation within and outside the packages shall comply strictly
with such special requirements as shall be expressly provided for in the contract, including
additional requirements, if any, specified in SCC, and in any subsequent instructions ordered by
the purchaser.
3.10 Delivery and documents
3.10.1 Delivery of the goods shall be made by the supplier in accordance with the terms specified in the
contract. The details of shipping and/or other documents to be furnished by the supplier are
specified in SCC.
3.11 Insurance
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3.11.1 The goods supplied under the contract shall be fully insured in a freely convertible currency against
loss or damage incidental to manufacture or acquisition, transportation, storage and delivery in the
manner specified in the SCC.
3.12 Transportation
3.12.1 Should a price other that an all inclusive delivered price be required, this shall be specified in the
SCC.
3.13 Incidental services
3.13.1 The supplier may be required to provide any or all of the following services, including additional
services, if any specified in SCC:
(a) performance or supervision of on-site assembly and/or commissioning of the supplied
goods;
(b) furnishing of tools required for assembly and/or maintenance of the supplied goods;
(c) furnishing of a detailed operations and maintenance manual for each appropriate unit of
the supplied goods;
(d) performance or supervision or maintenance and/or repair of the supplied goods, for a
period of time agreed by the parties, provided that this service shall not relieve the supplier
of any warranty obligations under this contract; and
(e) training of the purchaser?s personnel, at the supplier?s plant and/or on-site, in assembly,
start-up, operation, maintenance, and/or repair of the supplied goods.
3.13.2 Prices charged by the supplier for incidental services, if not included in the contract price for the
goods, shall be agreed upon in advance by the parties and shall not exceed the prevailing rates
charged to other parties by the supplier for similar services.
3.14 Spare parts
3.14.1 As specified in SCC, the supplier may be required to provide any or all of the following materials,
notifications, and information pertaining to spare parts manufactured or distributed by the supplier:
(a) such spare parts as the purchaser may elect to purchase from the supplier, provided that
this election shall not relieve the supplier of any warranty obligations under the contract ; and
(b) in the event of termination of production of the spare parts:
(i) Advance notification to the purchaser of the pending termination, in sufficient time to
permit the purchaser to procure needed requirements; and
(ii) Following such termination, furnishing at no cost to the purchaser, the blueprints,
drawings and specifications of the spare parts, if requested.
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3.15 Warranty
3.15.1 The supplier warrants that the goods supplied under the contract are new, unused, of the most
recent or current models and that they incorporate all recent improvements in design and materials
unless provided otherwise in the contract. The supplier further warrants that all goods supplied
under this contract shall have no defect, arising from design, materials, or workmanship (except
when the design and/or material is required by the purchaser?s specifications) or from any act or
mission of the supplier, that may develop under normal use of the supplied goods in the conditions
prevailing in the country of final destination.
3.15.2 This warranty shall remain valid twelve (12) months after the goods, or any portion thereof as the
case may be, have been delivered to and accepted at the final destination indicated in the contract,
or for eighteen (18) months after the date of shipment from the port or place of loading in the
source country, whichever period concludes earlier, unless specified otherwise in SCC.
3.15.3 The purchaser shall promptly notify the supplier in writing of any claims arising under this warranty.
3.15.4 Upon receipt of such notice, the supplier shall, with the period specified in SCC and with all
reasonable speed, repair or replace the defective goods or parts thereof, without costs to be
purchaser.
3.15.5 If the supplier, having been notified, fails to remedy the defect(s) within the period specified in SCC,
the purchaser may proceed to take such remedial action as may be necessary, at the supplier?s
risk and expense and without prejudice to any other rights which the purchaser may have against
the supplier under the contract.
3.16 Payment
3.16.1 The method and conditions of payment to be made to the supplier under this contract shall be
specified in SCC.
3.16.2 The supplier shall furnish the purchaser with an invoice accompanied by a copy of the delivery note
and upon fulfillment of other obligations stipulated in the contract.
3.16.3 Payments shall be made promptly by the purchaser, but in no case later than thirty (30) days after
submission of an invoice or claim by the supplier.
3.16.4 Payment will be made in Rand unless otherwise stipulated in SCC.
3.17 Prices
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3.17.1 Prices charged by the supplier for goods delivered and services performed under the contract shall
not vary from the prices quoted by the supplier in his bid, with the exception of any price
adjustments authorized in SCC or in the purchaser?s request for bid validity extension, as the case
may be.
3.18 Contract Amendments
3.18.1 No variation in or modification of the terms of the contract shall be made except by written
amendment signed by the parties concerned.
3.19 Assignment
3.19.1 The supplier shall not assign, in whole or in part, its obligations to perform under the contract,
except with the purchaser?s prior written consent.
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3.20 Subcontracts
3.20.1 The supplier shall notify the purchaser in writing of all subcontracts awarded under this contract if
not already specified in the bid. Such notification, in the original bid or later, shall not relieve the
supplier from any liability or obligation under the contract.
3.21 Delays in the supplier?s performance
3.21.1 Delivery of the goods and performance of services shall be made by the supplier in accordance
with the time schedule prescribed by the purchaser in the contract.
3.21.2 If at any time during performance of the contract, the supplier or its subcontractor(s) should
encounter conditions impeding timely delivery of the goods and performance of services, the
supplier shall promptly notify the purchaser in writing in writing of the fact of the delay, its likely
duration and its cause(s). As soon as practicable after receipt of the supplier?s notice, the
purchaser shall evaluate the situation and my at his discretion extend the supplier?s time for
performance, with or without the imposition of penalties, in which case the extension shall be
ratified by the parties by amendment of contract.
3.21.3 No provision in a contract shall be deemed to prohibit the obtaining of supplies or services from a
national department, provincial department, or local authority.
3.21.4 The right is reserved to procure outside of the contract small quantities or to have minor essential
services executed if an emergency arises, the supplier?s point of supply is not situated at or near
the place where the supplies are required, or the supplier?s services are not readily available.
3.21.5 Except as provided under GCC clause 3.25, a delay by the supplier in the performance of its
delivery obligations shall procure the supplier liable to the imposition of penalties, pursuant to GCC
clause 3.22, unless an extension of time is agreed upon pursuant to GCC clause 3.21.2 without the
application of penalties.
3.21.6 Upon any delay beyond the delivery period in the case of a supplies contract, the purchaser shall,
without canceling the contract, be entitled to purchase supplies of a similar quality and up to the
same quantity in substitution of the goods no supplied in conformity with the contract and to return
any goods delivered later at the supplier?s expense and risk, or to cancel the contract and buy such
goods as may be required to complete the contract and without prejudice to his other rights, be
entitled to claim damages from the supplier.
3.22 Penalties
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3.22.1 Subject to GCC clause 3.25, if the supplier fails to deliver any or all of the goods or to perform the
services within the period(s) specified in the contract, the purchaser shall, without prejudice to its
other remedies under the contract, deduct from the contract price, as a penalty, a sum calculated
on the delivered price of the delayed goods or unperformed services using the current prime
interest rate calculated for each day of the delay until actual delivery or performance. The
purchaser may also consider termination of the contract pursuant to GCC clause 3.23.
3.23 Termination for default
3.23.1 The purchaser, without prejudice to any other remedy for breach of contract, by written notice of
default sent to the supplier, may terminate this contract in whole or in part:
(a) if the supplier fails to deliver any or all of the goods within the period(s) specified in the
contract, or within any extension thereof granted by the purchaser pursuant to GCC clause
21.2;
(b) if the supplier fails to perform any other obligation(s) under the contract; or if the supplier, in
the judgment of the purchaser, has engaged in corrupt or fraudulent practices in
competing for or in executing the contract.
3.23.2 In the event the purchaser terminates the contract in whole or in part, the purchaser may procure,
upon such terms and in such manner as it deems appropriate, goods, works or services similar to
those undelivered, and the supplier shall be liable to the purchaser for any excess costs for such
similar goods, works or services. However, the supplier shall continue performance of the contract
to the extent not terminate.
3.24 Anti-dumping and countervailing duties and rights
3.24.1 When, after the date of bid, provisional payments are required, or anti-dumping or countervailing
duties are imposed, or the amount of a provisional payment or anti-dumping or countervailing right
is increased in respect of any dumped or subsidized import, the State is not liable for any amount
so required of imposed, or for the amount of any such increase. When, after the said date, such a
provisional payment is no longer required or any such anti-dumping or countervailing right is
abolished, or where the amount of such provisional payment or any such right is reduced, any such
favorable difference shall on demand be paid forthwith by the contractor to the State may deduct
such amounts from moneys (if any) which may otherwise be due to the contractor in regard to
supplies or services which he delivered or procured, or is to deliver or procure in terms of the
contract or any other contract or any other amount which may be due to him.
3.25 Force Majeure
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3.25.1.1 Notwithstanding the provisions of GCC clauses 3.22 and 3.23, the supplier shall not be liable for
forfeiture or its performance security, damages or termination for default if and to the extent that his
delay in performance or other failure to perform his obligations under the contract is the result of an
event of force majeure.
3.25.2 If a force majeure situation arises, the supplier shall promptly notify the purchaser in writing of such
condition and the cause thereof. Unless otherwise directed by purchaser in writing, the supplier
shall continue to perform its obligations under the contract as far as is reasonably practical, and
shall seek all reasonable alternative means for performance not prevented by the force majeure
event.
3.26 Termination for insolvency
3.26.1.1 The purchaser may at any time terminate the contract by giving written notice to the supplier if the
supplier becomes bankrupt or otherwise insolvent. In this event, termination will be without
compensation to the supplier, provided that such termination will prejudice or affect any right of
action or remedy, which has accrued or will accrue thereafter to the purchaser.
3.27 Settlement of Disputes
3.27.1.1 If any dispute or difference of any kind whatsoever arises between the purchaser and the supplier
in connection with or arising out of the contract, the parties shall make every effort to resolve
amicably such dispute or difference by mutual consultation.
3.27.2 If, after thirty (30) days, the parties have failed to resolve their dispute or difference by much mutual
consultation, then either the purchaser or the supplier may give notice to the other party of his
intention to commence with mediation. No mediation in respect of this matter may be commenced
unless such notice is given to the other party.
3.27.3 Should it not be possible to settle a dispute by means of mediation, it may be settled in a South
African court of law.
3.27.3.1 Mediation proceedings shall be conducted in accordance with the rules or procedure specified in
the SCC.
3.27.3.2 Notwithstanding any reference to mediation and/or court proceedings herein,
(a) the parties shall continue to perform their respective obligations under the contract unless
they otherwise agree; and
(b) the purchaser shall pay the supplier any monies due the supplier.
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3.28 Limitation of liability
3.28.1 Expect in cases of criminal negligence or willful misconduct, and in the case of infringement
pursuant to clause 3.6;
(a) the supplier shall not be liable to the purchaser, whether in contract, tort, or otherwise, for
any indirect or consequential loss or damage, loss or use, loss of production, or loss of
profits or interest costs, provided that this exclusion shall not apply to any obligation of the
supplier to pay penalties and/or damages to the purchaser; and
(b) the aggregate liability of the supplier to the purchaser, whether under the contract, in tort or
otherwise, shall not exceed the total contract price, provided that this limitation shall not
apply to the cost of repairing or replacing defective equipment.
3.29 Governing language
3.29.1 The contract shall be written in English. All correspondence and other documents pertaining to the
contract that is exchanged by the parties shall also be written in English.
3.30 Applicable law
3.30.1 The contract shall be interpreted in accordance with South African laws, unless otherwise specified
in SCC.
3.31 Notices
3.31.1 Every written acceptance of a bid shall be posted to the supplier concerned by registered or
certified mail and any other notice to him shall be posted by ordinary mail to the address furnished
in his bid or to the address notified later by him in writing and such posting shall be deemed to be
proper service of such notice.
3.31.2 The time mentioned in the contract documents for performing any act after such aforesaid notice
has been given, shall be reckoned from the date of posting of such notice
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3.32 Taxes and duties
3.32.1 A foreign supplier shall be entirely responsible for all taxes, stamp duties, license fees, and other
such levies imposed outside the purchaser?s country.
3.32.2 A local supplier shall be entirely responsible for all taxes, duties, license fees, etc., incurred until
delivery of the contracted goods to the purchaser.
3.32.3 No contract shall be concluded with any bidder whose tax matters are not in order. Prior to the
award of a bid the Department must be in possession of a tax clearance certificate, submitted by
the bidder. This certificate must be an original issued by the South African Revenue Services.
33
ANNEXURE A: TAX CLEARANCE
SBD 2
TAX CLEARANCE CERTIFICATE REQUIREMENTS
It is a condition of bid that the taxes of the successful bidder must be in order, or that satisfactory arrangements have been made with South African Revenue Service (SARS) to meet the bidder?s tax obligations.
1. In order to meet this requirement bidders are required to complete in full the attached 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.
2. SARS will then furnish the bidder with a Tax Clearance Certificate that will be valid for a period of 1 (one)
year from the date of approval.
3. 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.
4. In bids where Consortia / Joint Ventures / Sub-contractors are involved, each party must submit a separate
Tax Clearance Certificate.
5. Copies of the TCC 001 “Application for a Tax Clearance Certificate” form are available from any SARS
branch office nationally or on the website www.sars.gov.za.
6. Applications for the 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 www.sars.gov.za.
34
SBD 4
ANNEXURE B: DELARATION 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 a price quotation, advertised competitive bid, limited bid or proposal).
In view of possible allegations of favouritism, should the resulting bid, or part thereof, be awarded to
persons employed by the state, or to persons connected with or related to them, it is required that the
bidder or his/her authorised representative declare his/her position in relation to the
evaluating/adjudicating authority where-
- the bidder is employed by the state; and/or
- the legal person on whose behalf the bidding document is signed, has a relationship with
persons/a person who are/is involved in the evaluation and or adjudication of the bid(s), or
where it is known that such a relationship exists between the person or persons for or on
whose behalf the declarant acts and persons who are involved with the evaluation and or
adjudication of the bid.
2. In order to give effect to the above, the following questionnaire must be completed and
submitted with the bid.
2.1 Full Name of bidder or his or her representative: …………………………………………………….
2.2 Identity Number:………………………………………………………………………………………
2.3 Position occupied in the Company (director, trustee, shareholder?): ………………………………..
2.4 Company Registration Number: ………………………………………………………………..…….
2.5 Tax Reference Number: …………………………………………………………………….………
2.6 VAT Registration Number: ………………………………………………………………....
2.6.1 The names of all directors / trustees / shareholders / members, their individual identity numbers, tax
reference numbers and, if applicable, employee / persal numbers must be indicated in paragraph 3
below.
?“State” means –
(a) any national or provincial department, national or provincial public entity or constitutional
institution within the meaning of the Public Finance Management Act, 1999 (Act No. 1 of 1999);
(b) any municipality or municipal entity;
(c) provincial legislature;
35
(d) national Assembly or the national Council of provinces; or
(e) 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.
2.7 Are you or any person connected with the bidder YES / NO
presently employed by the state?
2.7.1 If so, furnish the following particulars:
Name of person / director / trustee / shareholder/ member: ……....………………………………
Name of state institution at which you or the person
connected to the bidder is employed : ………………………………………
Position occupied in the state institution: ………………………………………
Any other particulars:
………………………………………………………………
………………………………………………………………
………………………………………………………………
2.7.2 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?
2.7.2.1 If yes, did you attached 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.
2.7.2.2 If no, furnish reasons for non-submission of such proof:
…………………………………………………………………….
…………………………………………………………………….
…………………………………………………………………….
2.8 Did you or your spouse, or any of the company?s directors / YES / NO
trustees / shareholders / members or their spouses conduct
business with the state in the previous twelve months?
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2.8.1 If so, furnish particulars:
…………………………………………………………………..
…………………………………………………………………..
…………………………………………………………………...
2.9 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?
2.9.1 If so, furnish particulars.
……………………………………………………………...
…………………………………………………………..….
………………………………………………………………
2.10 Are you, or any person connected with the bidder, YES/NO
aware of any relationship (family, friend, other) between
any other bidder and any person employed by the state
who may be involved with the evaluation and or adjudication
of this bid?
2.10.1 If so, furnish particulars.
………………………………………………………………
………………………………………………………………
………………………………………………………………
2.11 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?
2.11.1 If so, furnish particulars:
…………………………………………………………………………….
…………………………………………………………………………….
…………………………………………………………………………….
3 Full details of directors / trustees / members / shareholders.
Full Name Identity Number Personal Tax State Employee
Reference Number Number / Persal
Number
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4 DECLARATION
I, THE UNDERSIGNED (NAME)………………………………………………………………………
CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPHS 2 and 3 ABOVE IS CORRECT. I ACCEPT THAT THE STATE MAY REJECT THE BID OR ACT AGAINST ME IN TERMS OF PARAGRAPH 23 OF THE GENERAL CONDITIONS OF CONTRACT SHOULD THIS DECLARATION PROVE TO BE FALSE.
………………………………….. ..……………………………………………
Signature Date
…………………………………. ………………………………………………
Position Name of bidder
38
ANNEXURE C: BLACK ECONOMIC EMPOWERMENT
SBD 6.1
PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT
REGULATIONS 2011
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, 2011.
1. 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 R1 000 000 (all applicable taxes
included); and
- the 90/10 system for requirements with a Rand value above R1 000 000 (all applicable taxes
included).
1.2 The value of this bid is estimated to exceed/not exceed R1 000 000 (all applicable taxes included)
and therefore the……………………system shall be applicable.
1.3 Preference points for this bid shall be awarded for:
(a) Price; and
(b) B-BBEE Status Level of Contribution.
1.3.1 The maximum points for this bid are allocated as follows:
POINTS
1.3.1.1 PRICE
………90…..
1.3.1.2 B-BBEE STATUS LEVEL OF CONTRIBUTION ……10...
39
Total points for Price and B-BBEE must not exceed 100
1.4 Failure on the part of a bidder 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 bid,
will be interpreted to mean that preference points for B-BBEE status level of contribution are not
claimed.
1.5. 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;
2.8 “contract” means the agreement that results from the acceptance of a bid by an organ of state;
40
2.9 “EME” means any enterprise with an annual total revenue of R5 million or less .
2.10 “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.
3. ADJUDICATION USING A POINT SYSTEM
3.1 The bidder obtaining the highest number of total points will be awarded the contract.
41
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;.
3.1 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.
42
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
Pt,PminPt,Pmin,,,,Ps,801,Ps,901, or ,,,,PminPmin,,,,
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
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 bidder for attaining the B-BBEE status level of contribution in accordance with
the table below:
B-BBEE Status Level of Number of points Number of points
Contributor (90/10 system) (80/20 system)
1 10 20
2 9 18
3 8 16
4 5 12
5 4 8
6 3 6
7 2 4
8 1 2
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Non-compliant contributor 0 0
5.2 Bidders 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 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.
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 bid.
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 bid documents that
such a bidder 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 bidder qualifies for, unless the intended sub-
contractor is an EME that has the capability and ability to execute the sub-contract.
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. BID DECLARATION
6.1 Bidders who claim points in respect of B-BBEE Status Level of Contribution must complete the following:
44
7. B-BBEE STATUS LEVEL OF CONTRIBUTION CLAIMED IN TERMS OF PARAGRAPHS 1.3.1.2 AND 5.1
7.1 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-CONTRACTING
8.1 Will any portion of the contract be sub-contracted? YES / NO (delete which is not applicable)
8.1.1 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 : .............................................................................................
9.3 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
………….. ..................................................................................................................................................
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……………… .............................................................................................................................................
…………….. ...............................................................................................................................................
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) 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
paragraph 7, 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 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) disqualify the person from the bidding process;
(b) recover costs, losses or damages it has incurred or suffered as a result of
that person?s conduct;
(c) 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 bidder 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
46
applied; and
(e) forward the matter for criminal prosecution
WITNESSES:
1. ………………………………………
……………………………………
SIGNATURE(S) OF BIDDER(S)
2. ………………………………………
DATE:………………………………..
ADDRESS:…………………………..
47
ADDITIONAL BEE INFORMATION TEMPLATE
In addition to the BEE questionnaire listed, please furnish the following information:
1. SMME status of your enterprise:
, Please use this table to determine the SMME Status of your enterprise
, Please ，the relevant box in each column
Column 1 Column 2 Column 3 Column 4 Column 5 Sector or sub-sector in accordance Size of The total Total Total gross with the Standard Industrial class full-time turnover asset value Classification equivalent of (fixed property
paid excluded)
employees
Agriculture Medium 100 R 5 m R 5 m
Small 50 R 3 m R 3 m
Very small 10 R 0.50 m R 0.50 m
Micro 5 R 0.20 m R 0.10 m Mining and Quarrying Medium 200 R 39 m R 23 m
Small 50 R 10 m R 6 m
Very small 20 R 4 m R 2 m
Micro 5 R 0.20 m R 0.10 m Manufacturing Medium 200 R 51 m R 19 m
Small 50 R 13 m R 5 m
Very small 20 R 5 m R 2 m
Micro 5 R 0.20 m R 0.10 m Electricity, Gas and Water Medium 200 R 51 m R 19 m
Small 50 R 13 m R 5 m
Very small 20 R 5.10 m R 1.90 m
Micro 5 R 0.20 m R 0.10 m Construction Medium 200 R 26 m R 5 m
Small 50 R 6 m R 1 m
Very small 20 R 3 m R 0.50 m
Micro 5 R 0.20 m R 0.10 m Retail and Motor Trade and Repair Medium 200 R 39 m R 6 m Services Small 50 R 19 m R 3 m
Very small 20 R 4 m R 0.60 m
Micro 5 R 0.20 m R 0.10 m
48
Column 1 Column 2 Column 3 Column 4 Column 5 Sector or sub-sector in accordance Size of The total Total Total gross with the Standard Industrial class full-time turnover asset value Classification equivalent of (fixed property
paid excluded)
employees
Wholesale Trade, Commercial Agents Medium 200 R 64 m R 10 m and Allied Services Small 50 R 32 m R 5 m
Very small 20 R 6 m R 0.60 m
Micro 5 R 0.20 m R 0.10 m Catering, Accommodation and other Medium 200 R 13 m R 3 m Trade Small 50 R 6 m R 1 m
Very small 20 R 5.10 m R 1.90 m
Micro 5 R 0.20 m R 0.10 m
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Column 1 Column 2 Column 3 Column 4 Column 5 Sector or sub-sector in accordance Size of The total Total Total gross with the Standard Industrial class full-time turnover asset value Classification equivalent of (fixed property
paid excluded)
employees
Transport, Storage and Medium 200 R 26 m R 6 m Communications Small 50 R 13 m R 3 m
Very small 20 R 3 m R 0.60 m
Micro 5 R 0.20 m R 0.10 m Finance and Business Services Medium 200 R 26 m R 5 m
Small 50 R 13 m R 3 m
Very small 20 R 3 m R 0.50 m
Micro 5 R 0.20 m R 0.10 m Community, Social and Personal Medium 200 R 13 m R 6 m Services Small 50 R 6 m R 3 m
Very small 20 R 1 m R 0.60 m
Micro 5 R 0.20 m R 0.10 m
SMME status of your enterprise: (Please ，the relevant box)
(According to SMME table) (Compulsory)
Micro
Very Small
Small
Medium
Large
50
Black
People %
Black
Female %
White
Female %
Disabled
% 2. Please provide a complete list of all shareholders / directors / owners / members (Black & Other).
Black Indicate with percentage as appropriate. The members of the enterprise are: (Share certificates / Cipro
People % documents to be submitted as proof)
Black
Female % Exercisable Voting Rights Economic Interest White
Female % Name Citizenship Disabled
%
Number Date RSA African
Citizenship Coloured Obtained Indian
Youth White Yes / No
Ownership Status:
* HDI Status
% No Date/Position Date RSA of business franchise Name occupied in ID Number Citizenship Wome/ enterprise prior to Disabled Enterprise obtained n owned elections
51
3. The board of directors of the company consists of: (Applicable to company)
RaceN Gender Telephone Address Date of Executive/Non Name Number Appointment Executive Date RSA CitizCitizen-shien-sp hip Obtained
4. The names, designation, gender and population group of the business enterprise most responsible for
the following are:
Date RSA Function Name Designation Race Gender Citizenship Citizenship
Obtained Overall day to day management
Major expenditures
Hiring/Firing staff Salary Determination
Final decision maker with regard
to policy matters
52
5. How many employees does your enterprise have? __________
Please provide details of your work force according to the classification below.
A C I W Total
Classification
M F M F M F M F M F
1. Top Management
2. Senior Management
3. Middle Management
4. Junior Management
5. Semi-Skilled
6. Unskilled
7. Disabled employees
8. Foreign Nationals
9. Contractors / Temporary Staff
Total
6. Is your enterprise involved in the skills development as required by the department of labour?
YES NO
If yes please indicate in detail the proportion of skills development expenditure to total payroll for black
employees specifically.
Please indicate in detail the proportion of skills development expenditure to total payroll for black women
employees specifically.
53
Please indicate in detail the proportion of skills development expenditure to total payroll for black
employees with disabilities specifically.
Please indicate in detail the proportion of skills development expenditure to total payroll for black women
employees with disabilities specifically.
7. Has your enterprise undertaken learnerships within your last financial year?
YES NO
If yes please indicate in detail the proportion of black learnerships to total employees.
Please indicate in detail the proportion of black women learnerships to total employees.
54
8. Does your enterprise procure any products or services from businesses owned by black persons?
YES NO
If yes, please complete the following for the past financial year or the last 12 months:
The enterprise?s procurement spending towards supplier/service providers from Black groups was R
__________
The enterprise?s total procurement spending towards all supplier/service providers was R __________
9. Is your enterprise a “value-adding” supplier?
YES NO
Calculation: Net profit before tax + total labour cost, exceeds 25% of the value of its total
revenue (excluding VAT).
If yes, please attach an auditor?s certificate confirming that this statement is correct.
10. Does your enterprise have an enterprise development programme in place?
YES NO
Please indicate in detail the proportions of enterprise development spend to Net Profit After Tax.
Will your enterprise sub-contract or outsource any of this project?s requirements to black owned
businesses?
55
YES NO
If yes, which part of paragraph above will you sub-contract or outsource?
11. Does your enterprise have a socio economic development programme in place?
YES NO
If yes please provide brief description of your activities in this regard below.
Please indicate in detail the proportion of socio economic spend to Net Profit After Tax.
12. The following persons, firms or entities funded and or contributed equipment, finances or personnel to
the enterprise.
Name of Firm/Person Address Contact person and Tel Amount and type of
contribution
56
13. Turnover for the past three years:
(Please include audited financial statements).
14. The enterprise?s primary banking institution is:
Name of Bank Address Contact Person Account No.
Account Consultant
15. The name and designation of the person(s) whose signature is required to issue any cheques for the
payment of any and all expenditure including payroll and operational expenditure are:
Name Designation Race Gender
BBBEE Certification
a) If the annual turnover of your Enterprise is less than R5 million, please attach an auditor?s certificate
confirming that this statement is correct.
b) If the annual turnover of your Enterprise is:
EITHER between R5 million and R35 million
OR greater than R35 million
has your Enterprise been rated for its BBBEE level contribution by a Verification agency?
YES NO
57
If yes, please attach your SANAS accredited Verification agency?s certificate.
If no, please confirm when you plan to undertake a BEE Verification agency rating to establish your Enterprise?s BBBEE level contribution.
58
VENDOR CREATION/ UPDATE REQUEST
New Vendor Yes Change of Yes Change of Yes
No banking details No address No Registered company name
Accountant Cell# Postal Address Code Physical Address Code Telephone Fax# Company Registration # VAT# Payments will be transferred into this account details
Bank/Building Society
Branch Name
Account number
Controlling Branch Code
Type of account
Company Accountant Name Signature Date Must be Bank Stamped and attached original cancelled cheque
Bank Official Name [in print] Date
FOR RAF OFFICE USE ONLY REGION
RAF Requestor Name & E Date Surname
Department Manager Approval E Security Manager Approval E Procurement Capturer E Checked by E Procurement Senior Manager E
E
59
DUE DILIGENCE AND DECLARATION OF INTEREST
DUE DILIGENCE: FINANCIAL ASSESSMENT
A. SUPPLIER EVALUATION QUESTIONNAIRE
This questionnaire must be completed by all potential Bidder/s. This information is critical for Bidder/s
evaluation purposes and must be completed honestly and accurately.
1.1 Complete names of your company?s five key customers in terms of average business
conducted as a percentage of accounts receivable / total debtor book.
Customer
% 0 - 20% >20 - 40% >40 - 60% >60 - 80% >80 - 100%
Receivable
1.2 How often did your company experience industrial action incidence e.g. strikes, go-slows, etc.
Please indicate the number of incidences by completing the relevant block
Past Year Past Two Years Past Three
Years
1.3 Kindly indicate your company?s investment in productive resources (as a percentage of
turnovers).
Resources Training
% Turnover
1.4 Indicate your company?s top management experience by ticking the relevant boxes below.
Experience
Avg. Years Less than 5-10 years 10-15 years 15-20 over 20
5years years years
1.5 Does your company have Electronic Data Interface Capabilities (EDI)? Please indicate by
ticking the relevant box.
1.5.1 Does your company have electronic interfaces into customer applications?
60
YES NO
1.5.2 Can information received from buyers be fed into your applications electronically?
YES NO
1.5.3 Can your company provide information to buyers in electronic formats?
YES NO
1.6 Does your company have any existing electronic link with your trading partners?
YES NO
1.7 How long has your company been trading or in operation? Please tick the relevant
block.
Less than 3 3 - 5 years 6 - 10 years 11 -15 Over 15
years years years
1.8 Listed e.g. JSE (Johannesburg Stock Exchange) companies must complete the closing
market share value (per share) for the respective financial year ends as per Annual Financial
Statements submitted. (See below).
Year End
Closing Share Market
Value
We hereby confirm that above information has been completed to the best of our knowledge
and that no attempt has been made to misrepresent or misstate the facts or answer as
required by this questionnaire.
Signed by Official Company
61
Stamp
Signed by Official Company
Stamp
Company Name
Surname &
Initials
Position
Date
B. Information Needed For Financial Assessment
The following information must be submitted with the RFP documents;
, Annual Certified / Audited Financial Statements i.e. Balance Sheet, Income Statement / Detailed Income
Statement and Cash Flow Statement - for the past three years. Should the Bidder/s be an agent, the
abovementioned financial statements for the provider of the services must also be submitted? , A detailed description of business relationships / agreement between the Bidder and their licensor /
franchisee / partner shall be provided as well as the identification of any restrictions. , A statement by the Bidder confirming that none of his personnel has any involvement or interest in RAF. , Contact names and telephone numbers of at least three key / largest customers of the Bidder/s. , Bidder/s banking details i.e. account number, name of main bank and branch.
, Group Structure or Family Tree (including percentage shareholding or member interests). , Non-listed entities to submit a brief report or review on operations, current financial results and future
plans.
All requested information in A and B above must be completed and submitted. This information is critical for assessment purposes. Should abovementioned information be unavailable for any reason, RAF may disqualify the bid for information not submitted.
62
SBD 8
ANNEXURE D: 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?s supply chain management system;
b. committed fraud or any other improper conduct in relation to such system; or
c. failed to perform on any previous contract.
4 In order to give effect to the above, the following questionnaire must be completed and
submitted with the bid.
4.1 Is the bidder or any of its directors listed on the National Treasury?s database as Yes No
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 National Treasury after the audi alteram partem rule
was applied).
4.1.1 If so, furnish particulars:
4.2 Is the bidder or any of its directors listed on the Register for Tender Defaulters in Yes No
terms of section 29 of the Prevention and Combating of Corrupt Activities Act
(No 12 of 2004)?
To access this Register enter the National Treasury?s website,
www.treasury.gov.za, click on the icon “Register for Tender Defaulters”
or submit your written request for a hard copy of the Register to facsimile
number (012) 3265445.
63
4.2.1 If so, furnish particulars:
4.3 Was the bidder or any of its directors convicted by a court of law (including a Yes No
court outside of the Republic of South Africa) for fraud or corruption during the
past five years?
4.3.1 If so, furnish particulars:
4.4 Was any contract between the bidder and any organ of state terminated during Yes No
the past five years on account of failure to perform on or comply with the
contract?
4.4.1 If so, furnish particulars:
64
SBD 8
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
Js365bW
65
SBD 9
ANNEXURE E: CERTIFICATE OF INDEPENDENT BID DETERMINATION
1 This Standard Bidding Document (SBD) must form part of all bids? 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).? 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:
? Includes price quotations, advertised competitive bids, limited bids and proposals.
? 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.\
66
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) 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 consortium? 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;
67
(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.
? 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
68
ANNEXURE F: SCOPE OF WORK
1. BACKGROUND OF THE ROAD ACCIDENT FUND
1.1. The Road Accident Fund was established through an Act of Parliament in1996 (RAF Act 56 of 1996) and
came into operation on 1 May 1997. The Act gives the RAF the mandate to pay compensation in
accordance with applicable statutes for personal loss or damage wrongfully caused by the driving of
motor vehicles. The RAF also has satellite offices in Nelspruit, Polokwane, Welkom, Port Elizabeth,
Newcastle, Tzaneen, Lichtenburg, Bloemfontein and Kimberly.
1.2. The damages for which the Fund may be liable include:
, Past and future hospital, medical and related expenses;
, Funeral expenses;
, Past and future loss of earnings;
, Past and future loss of support; and
, General damages.
2. SPECIAL INSTRUCTIONS TO BIDDERS
2.1. Should a vendor have reasons to believe that the Technical Specification is not open and/or is written for
a particular brand or product; the vendor shall notify Procurement Services within ten (10) days after
publication of the bid.
2.2. Bidders shall provide full and accurate answers to the mandatory questions posed in this document, and
where required, explicitly state either “Comply/Not Comply” regarding compliance with the requirements.
Bidders must substantiate their response to all questions, including full details on how their
proposal/solution will address specific functional requirements. All documents as indicated must be
supplied as part of the submission.
2.3. Bidders who do not comply with the mandatory requirements will not be considered.
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3. BACKGROUND OF THE BID
The Road Accident Fund regards its people as the most valuable assets through its Human Resources Business Unit. Part of its strategic objective is to retain and manage talent, develop leadership, motivate and increase staff morale and improve performance and productivity.
Personal Transformation is a dynamic, uniquely individualized process of expanding consciousness whereby individuals become critically aware of old and new self view and choose to integrate these views into a new self definition" (Newman's Theory of Health)
Modern mental health science through research has discovered that there is more to sickness and behavior than pathology and diseases. There are a number of factors that redefine an individual outlook on life and change the truth about self and situations. There is a need for a paradigm shift from service to self to service to life.
The RAF wishes to appoint a suitably qualified service provider to facilitate transformation workshops that are not a lecture type of workshop but rather a Personal Transformation workshop as and when required by the Road Accident Fund (RAF), the contract will last for a period of 36 (thirty six) months.
The bidder?s proposed workshop must use life workshops to empower individuals to discover themselves through experiential learning rather than cognitive. The workshop must empower individuals to believe in self and inherent abilities created without fear of rejection or failure. The bidder should be able to address
/ work with a very diverse group of employees dealing with individuals not groups and the workshop must not have less than 30 (thirty) people.
The proposed workshop must address the following:
, Communication Skills;
, Sexuality;
, Relationship;
, Bereavement;
, Finding the Authentic Self;
, Life Purpose;
, Paradigm Shift of Fundamental Life Operating Principle (FLOP);
, Personal Vision;
, Past life emotional injuries;
, Self Discovery;
, Coping with pressure;
, Completion of tasks;
, Interaction with other people;
, Activities of daily living; and
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, Maximizing mental, cognitive and intellectual function.
Self awareness
, Increase self confidence;
, Adopt a positive set of values, beliefs and attitude in oneself;
, Discover own capabilities in themselves;
, Adopt behavior of confidence of self-worth;
, Change stereotyping gender religion and race;
, Have a self awareness and understanding of personal inner motivation as a life operating
principle;
, Self discovery; and
, Learn the power of being useful.
Activities
, Provide an environment for self discovery through life games;
, Participants should be empowered to deal with future life situations, being able to differentiate
between where I have been, what I have learnt and developed and where I am now; and , The workshop must allow participants to evaluate themselves during and after the workshop;
breakthrough beyond beliefs and have knowledge and a change of attitude. Control
, Controlling environment - wanting to know what is tomorrow;
, Let go - to gain the ability to be totally useful in life, live in the present- focus on inner growth; , Being strong, building strong, sincere personal connections of trust and self trust - easier than ever
before.
, At the end participants should be able to let go and heal past emotional injuries associated with
relationships, sexuality, past losses and communication failures;
, Be able to break through feelings and thoughts;
, Coping with pressure; and
, Build resilience.
Note: Bidders must take note that the workshop will be done offsite at the bidders? facilities as and
when required.
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4. EVALUATION CRITERIA AND METHODOLOGY
4.1. The evaluation criteria will be based on the following requirements:
4.1.1. Technical Functional Mandatory (Comply or Not Comply) – Bidders who do not meet the
mandatory requirements will be disqualified.
4.1.2. Technical Functional Requirement (100 points).
Price and BEE Evaluations (90/10 points).
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TECHNICAL MANDATORY & TECHNICAL FUNCTIONAL CRITERIA
5. TECHNICAL MANDATORY REQUIREMENTS
Bidders must indicate compliance with this requirement as follows- “Comply” with a , or "Not comply” with an X.
Note: The following specific requirements must be met by the bidders and it will be expected of
bidders to supply proof or confirm their commitment where applicable.
5.1. Mandatory Comply Not Comply
The Facilitators must be suitably qualified health professionals with a medical and psychology background. Please attach a license from the HPCSA.
Substantiate / Comments
5.2. Mandatory Comply Not Comply
The bidder must confirm that they have read and understood the
terms and conditions set out in the attached Service Level Agreement (Annexure G) which terms and conditions the bidder accepts, in the event that the RAF awards contract to the bidder pursuant to this bid. The bidder must confirm that they have complied with the requirement set out in the footnote to clause 1.6 of schedule of Annexure G by submitting with the bid:
A. A proposed Delivery Schedule ;
B. A proposed Workshop Plan;
C. A proposed Pricing Schedule
Substantiate / Comments
RAF/2013/00016 73
5.3. Mandatory Comply Not Comply
Failure by the Fund and the successful bidder to conclude a
contract within 60 days following the issuing by the Fund of the award letter to the successful bidder, will result in the bid being deemed to be non-responsive which will then entitle the Fund to consider other responsive bids and award the tender to another bidder or bidders.
Substantiate / Comments
NOTE: FAILURE TO COMPLY WITH ALL OF THE MANDATORY REQUIREMENTS WILL LEAD TO DISQUALIFICATION
RAF/2013/00016 74
6. TECHNICAL / FUNCTIONAL CRITERIA
With regards to technicality / functionality, the following criteria shall be applicable and the maximum points of
each criterion are indicated in the table below:
Technical / Functional Criteria Points
Methodology
The bidder must provide a methodology used for Personal Transformation workshop together with 30 a synopsis of curriculum, presentation and the duration of the workshop.
Substantiate / Comments
Experience of the Resource/ facilitators
The bidder must have resources/facilitators that have skills or experience in providing the 20 required services. The facilitators must have 10 years of experience in providing the service.
Please attach summary of CV„s of resources/ facilitators to be used on the project.
Substantiate / Comments
Experience of the Company
The bidder must have minimum of 10 years experience providing similar services. Please 20
provide company profile which details experience of the bidder.
Substantiate / Comments
Track record 10
Bidders are requested to send the attached reference questionnaire to 3 of their clients where similar services were rendered and attach the completed reference check questionnaires to the bid response.
Bidders must make sure that the reference questionnaire is signed and the contact details are fully completed. The contact details must include the contact number and the e-mail address of
the referee as this information will be used by the RAF to verify all references submitted.
Note: The RAF will verify the information provided and if your referee does not confirm the information provided the reference will not be considered.
Bidders scoring 60 out of 80 before site visits will be shortlisted for site visits
Site Visit 20
The RAF will conduct a site visit to bidder?s premises.
Substantiate / Comments
Important note regarding the thresholds
, Bidders scoring 60 out of 80 before site visits will be shortlisted for site visits
, Bidders scoring 70 out of 100 on functional / technical criteria including site visits will be further
evaluated on Price and BEE.
RAF/2013/00016 75
PRICING SCHEDULE
No. Description Total cost
Training per person
Workshop Material
Additional Cost
Total
VAT
Total VAT Inclusive
1 NOTE: All prices must be VAT inclusive and must be quoted in South African Rand (ZAR).
2 Are the rates quoted firm for the full period of the contract? YES NO
3 Mandatory: If not firm for the full period, provide details of the basis on which
adjustments shall be applied e.g. CPI, and also details of the cost breakdown.
Basis of adjustment:
Cost Breakdown:
4 The following exchange rates as on (21/06/2013) must be used:
R 10.23 = 1 US dollar
R 13.53 = 1 Euro
R 15.85 = 1 Pound
5.
Comply Not comply No price adjustments that are 100% linked to exchange rate variations shall be
allowed.
Substantiate / Comments
6.
Comply Not comply The bidder must indicate clearly which portion of the service price as well as the monthly costs is linked to the exchange rate.
Substantiate / Comments
RAF/2013/00016 76
7.
Comply Not comply
All additional costs must be clearly specified.
Substantiate / Comments
Price Declaration Form
Dear Sir,
Having read through and examined the bid Document, bid no. RAF/2013/00016, the General Conditions, The
Requirement and all other Annexes to the bid Document for providing Personal Transformation Workshop for RAF for a period of three years (3).
We confirm that this price covers all service to provide Personal Transformation Workshop for the RAF, including but not limited to the supply of all required. We confirm that the RAF will incur no additional costs whatsoever over and above this amount in connection with the services related to providing Personal Transformation Workshop for RAF for a period of three (3) years. We undertake to hold this offer open for acceptance for a period of 90 days from the date of submission of offers. We further undertake that upon final acceptance of our offer, we will commence with delivery when required to do so by the Client.
Moreover, we agree that until formal Contract Documents have been prepared and executed, this Form of Tender, together with a written acceptance from the Client shall constitute a binding agreement between us, governed by the terms and conditions set out in this Request for Proposal.
We understand that you are not bound to accept the lowest or any offer and that we must bear all costs which we have incurred in connection with preparing and submitting this bid.
We hereby undertake for the period during which this tender remains open for acceptance not to divulge to any persons, other than the persons to which the tender is submitted, any information relating to the submission of this bid or the details therein except where such is necessary for the submission of this bid. SIGNED DATE
(Print name of signatory)
Designation
RAF/2013/00016 77
FOR AND ON BEHALF OF: COMPANY NAME
Tel No
Fax No
Cell No
RAF/2013/00016 78
REFERENCE QUESTIONNAIRE FOR RAF/2013/00016
Thank you for making time to respond to this questionnaire.
The Road Accident Fund (RAF) is a statutory body that, in terms of the provisions of the Road Accident Fund
Act, 1996 (Act 56 of 1996), exists to provide cover to all persons within the borders of South Africa for loss or
damage resulting from death or bodily injury caused by the negligent driving of motor vehicles within the
borders of the country.
We would like to do a reference check that will take approximately 15 minutes of your time. Your assistance will
help us in making the final decision for the appointment of the bidder.
This information will be treated as confidential.
Please indicate the type of service the bidder offered to you…………………………..
Please indicate the duration on the contract……………………..
Please indicate the value of the contract………………………..
On a scale of 1 to 5 how do you rate this company on the following areas?
1. Skills of facilitators used to provide Personal Transformation workshop
1. Poor
2. Below Average
3. Average
4. Good
5. Very Good
Comments:
2. Quality of the workshop provided
1. Poor
2. Below Average
3. Average
4. Good
RAF/2013/00016 79
5. Very Good Comments:
3. Professionalism of the facilitators
1. Poor
2. Below Average
3. Average
4. Good
5. Very Good Comments:
4. Completing of the work within agreed time frames
1. Poor
2. Below Average
3. Average
4. Good
5. Very Good Comments:
5. Overall satisfaction of the work done
1. Poor
2. Below Average
3. Average
4. Good
5. Very Good Comments:
6. How likely will you employ the company in future should you require similar services
1. Highly unlikely
2. Unlikely
3. Possibly
RAF/2013/00016 80
4. Likely
5. Highly likely Comments:
7. General Comments
Company Name:
Contact Person Name:
Contact Person Position:
Contact Number:
E-mail Address:
Signature:
Thank you very much for your time.
RAF/2013/00016 81
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