INDEPENDENT DEVELOPMENT TRUST EXPRESION OF INTEREST (EOI)

Transcription

1 INDEPENDENT DEVELOPMENT TRUST EXPRESION OF INTEREST (EOI) EOI NO.: IDTNC-PANEL INVITATION OF BUILT ENVIRONMENT PROFESSIONALS TO ESTABLISH A PANEL OF CONSULTANTS FOR THE INDEPENDENT DEVELOPMENT TRUST NORTHERN CAPE REGION January 2019 PREPARED BY: Independent Development Trust 2 Floor, Block 3 Montrio Corporate Park 10 Olivier Road Monument Heights Kimberley 8300 Name of Bidder: Technical Enquiries Name: Consulate Tseisi Designation: Program Manager consulatet@idt.org.za Tel: General Enquiries Name: Molefi Gaobepe Designation: Admin & Finances Manager molefig@idt.org.za Tel:

2 Discipline: Table of Contents Abbreviations and Acronyms Definitions Invitation to Submit Expression of Interest 1 BACKGROUND 1.1 IDT as an Entity 1.2 Project Background 1.3 Project Purpose 2 SCOPE OF WORKS 2.1 Project Manager 2.2 Architect 2.3 Quantity Surveyor 2.4 Engineers (Civil & Structural, Electrical and Mechanical) 2.5 Occupational Health & Safety 3 NOTES 4 PRESENTATION OF PROPOSALS 5 ASSESSMENT CRITERIA ATTACHMENTS SBD 4 - Declaration of Interest SBD Preference Points Claim Form in terms of Preferential Procurement Regulations 2011 SBD 8 - Declaration of Bidder's Past Supply Chain Management Practices (SBD 8) SBD Certificate of Independent Bid Determination Compulsory Enterprise Questionnaire Form B2.1 Evaluation Schedule: Experience On Previous Projects References Page 2

3 ABBREVIATIONS AND ACRONYMS B-BBEE Broad-based Black Economic Empowerment B-BBEEA Broad-based Black Economic Empowerment Act 53 of 2003 B-BBEE Codes Broad-based Black Economic Empowerment Codes of Good Practice DTI Department of Trade and Industry EME Exempt Micro Enterprise EOI Expression of Interest IDT Independent Development Trust IRBA Independent Regulatory Board of Auditors PCCA Prevention and Combating of Corrupt Activities Act 12 of 2004 PFMA Public Finance Management Act (Act 1 of 1999) PPPFA Preferential Procurement Policy Framework Act (Act 5 of 2000) QSE Qualifying Small Enterprise SANAS South African National Accreditation System SARS South African Revenue Service SCM Supply chain management SMME Small, Medium and Micro Enterprises CSD Central Supplier Database DEFINITIONS Accreditation Body Means the South African National Accreditation System or any other entity appointed by the Minister from time to time whose function it is to: Accrediting verification agencies B-BBEE status level of contributor Bid Specification Black People Page 3 Developing, maintaining and enforcing of Verification Standards 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; A specification that lays down the characteristics of goods to be procured or their related processes and production methods, or the characteristics of services to be procured or their related operating methods, including the applicable administrative provisions, and a detailed requirement relating to conformity assessment procedures that an entity prescribes and shall include TOR for specialised services. means 'African', 'Indian' and 'Coloured' people who are citizens of the Republic of South Africa by birth; or are citizens of the Republic of South Africa by naturalisation before the commencement date of the Constitution of South Africa Act (1993); or became citizens of the Republic of South Africa after the commencement of the of the Constitution of South Africa Act (1993), but who for the Apartheid policy that has been in place to that date, would have

4 Broad based black empowerment Broad based black empowerment Act Close family member Code of Ethics Consortium or joint venture Contract Designated sector Duly sign Exempt Micro Enterprise been entitled to acquire citizenship by naturalisation prior to that date. Means broad-based black empowerment means the empowerment of all black people including women, workers, youth, people with disabilities and people living in rural areas through diverse but integrated social-economic strategies that include, but are not limited to: Increase the number of black people that manage, own and control enterprises and productive assets; Facilitating ownership and management of enterprises and productive assets by communities, workers, cooperatives and other collective enterprises Human resources and skills development Achieving equitable representation in all occupational categories and levels in the workforce Preferential procurement; and Investment in enterprises that are owned or managed by black people. means the Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003) Shall mean:- member of the same household, parent (including adoptive parent), parent-in-law, son (including adoptive son), son-in-law, daughter (including adoptive daughter), daughter-inlaw, step-parent, step-son, step-daughter, brother, sister, grandparent, grandchild, uncle, aunt, nephew, niece, the spouse or unmarried partner with relation to any of the person s above. refer to the IDT Code of Ethics for Management and Staff as may be amended from time to time. 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. Means the agreement that results from the acceptance of a bid by ECDC. Means a sector, sub-sector or industry that has been designated by the DTI in line with national development and industrial policies for local production, where on local produced goods or locally manufactured goods meet the stipulated minimum threshold for local production and content. means a document that has been signed by the Chief Financial Officer or other legally responsible person nominated in writing by the Chief Executive, or senior member / person with management responsibility (close corporation, partnership or individual). means an enterprise with a specified total annual revenue of less than the amount stipulated Page 4

5 (EME) below per sector if and only if a certificate has been received issued by a registered auditor, accounting officer into. section 60(4) of the Close Corporation Act or an accredited verification agency. Tourism sector R2,5 million Construction sector applicable to the Built Environment professional R1.5 million All other sector R5 million Family member Means a husband or wife, any partner in a customary union according to indigenous law or any partner in a relationship where the parties live together in a manner resembling a marital partnership or a customary union; and any person related to either one or both persons referred above within the second degree through a marriage, a customary union or a relationship or the third degree of consanguinity. Fronting Means a deliberate circumvention or attempted circumvention of the B- BBEE Act and the Codes. Fronting commonly involves reliance on data or claims of compliance based on misrepresentation of facts, whether made by the party claiming compliance or by any other person. Functionality Means the measurement according to predetermined norms, as set out in the tender documents, of a service or commodity that is designed to be practical or 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 the tenderer. In the service of the state Page 5 means: an employee of any municipality who has a performance contract with the municipality and is employed on a permanent, temporary or short term basis. an employee or public servant of any national or provincial government as defined in terms of Public Services Act. a member who is a councillor of any municipal council as defined in the Local Government Municipal Structures Act (Act No 117 of 1998); is a politician serving in any provincial legislature; or is a politician serving in the National Assembly or the National Council of Provinces; a member of the board of directors of any municipal entity; an employee and a member of a government owned entity as defined in the Public Finance Management Act (Act No 1 of 1999); and / or such other meaning ascribed to it by National Legislation from time to time.

6 Person Qualifying Small Entity Service Level Agreement Shareholder State Sub-Contract Tender Trust Trustee Includes a juristic person. Means a qualifying small entity that qualifies for measurement under the QSE B-BBEE scorecard with a turnover of between R5-R35 million. Shall have the same meaning assigned as Contract 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. Means: any national or provincial department, national or provincial public entity or constitutional institution within the meaning of the PFMA any municipality or municipal entity national Assembly or the national Council of Provinces; or parliament 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. The same meaning is assigned as Bid above. 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. Means any person, including the founder of a trust, to whom property is bequeathed in order for such property to be administered for the benefit of another person. Page 6

7 INVITATION TO SUBMIT EXPRESSIONS OF INTEREST A CALL FOR PROFESSIONAL SERVICE PROVIDERS IN THE BUILT ENVIRONMENT TO SUBMIT EXPRESSIONS OF INTEREST TO BE ON A PRE-APPROVED PANEL OF PROFESSIONAL SERVICE PROVIDERS IN THE NORTHER CAPE REGION AT THE IDT FOR A PERIOD OF 36 MONTHS The Independent Development Trust (IDT) in the Gauteng Province hereby calls for Expression of Interest from suitably qualified and experienced service providers from the built environment profession to establish a pre-approved panel of Professional Service Providers (PSPs) for infrastructure projects in Northern Cape to be utilised for a period of 36months. The following categories of professional service providers are invited: Project Managers; Quantity Surveyors; Architects; Civil Engineers Structural Engineers; Electrical Engineers and Mechanical Engineers; Health and Safety Consultants and Only PSP s/ consultants who are professionally registered with relevant professional bodies are eligible to submit expressions of interest. Entities with multi disciplines must submit individual bids per discipline. Proposals will be evaluated in terms of the Mandatory Requirements and Generic Functionality Criteria as follows: A compulsory clarification meeting with the representatives of the Employer will take place at the IDT offices situated 10 Oliver Road Montrio Corporate Park, Block 3, 2nd Floor Monuments Heights Kimberley on the 01 February 2019 at 10H00. PHASE ONE - MANDATORY REQUIREMENTS/ DOCUMENTATION MANDATORY RETURNABLE DOCUMENTS 1. Proof of registration with Central Supplier Database (CSD), Full CSD Report. 2. A copy of the bidder s Professional Indemnity Insurance Certificate (Minimum of R3m) is required for all PSP s except OHS (R1m) 3. Signed Joint Venture Agreement/ Consortium where applicable 4. Professional registration of the company directors/ Members. 5. Copies of Identity Documents of Members/Directors/Shareholders of the company 6. Valid CIPC documents/ Copies of company registration documents 7. Valid letter of Good Standing (COIDA)/ FEM 8. Fully Completed and signed Standard Bidding Documents: SBD 4: Declaration of interest SBD 6.1: Preference points claim form in terms of Preferential Procurement regulation 2017 SBD 8: Declaration of Bidder s past supply chain management practices Page 7

8 SBD 9: Certificate of Independent Bidder Determination 9. Compulsory Briefing Meeting (signed attendance register) Failure to comply with the above requirement will result in automatic disqualification. NON - MANDATORY RETURNABLE DOCUMENTS 1. Company Profile. 2. Valid Tax clearance certificate and PIN Verification issued by SARS PHASE TWO FUNCTIONALITY CRITERIA ALLOCATION Previous Experience (Project Experience of firm for the past 5 years) POINTS 40 Points Capability (Qualifications, Skills and Experience of Key Projects Resources) Approach Methodology TOTAL 50 Points 10 Points 100 Points Only bidders that score 60 minimum functionality threshold will qualify to be in the panel for a period of 36 months. Tenders documents must be downloaded from IDT website on the following link: opportunities/current-tenders Service providers are encouraged to submit enquiries in writing to: Administrative Enquiries may be addressed in writing to, Mr. Molefi Gaobepe, Tel No /79, and molefig@idt.org.za Technical Enquiries may be addressed to Mr. Consulate Tseisi, /66 in writing by consulate@idt.org.za All enquiries will be closed by the 15 February 2019 Telegraphic, telephonic, telex, facsimile, , courier and late Bids WILL NOT be accepted. Bids must only be submitted on the original documentation that is issued by IDT and delivered at the following address: Independent Development Trust 2 Floor, Block 3 Montrio Corporate Park 10 Olivier Road Monument Heights Kimberley Page 8

9 8300 The closing time to receipt the Bids is Friday, 22 February 11:00am 1 BACKGROUND 1.1 IDT as an entity IDT is a Schedule 2 Public Entity governed by applicable legislative frameworks and a Deed of Trust. The organization is accountable to Parliament through the Minister of Public Works who is the Executive Authority. The mandate of the IDT is to support and add value to the development agenda of government as indicated in the mission statement; The IDT manages and delivers integrated social infrastructure programme on behalf of government. In pursuit of this mandate, the IDT primarily operates as a strategic partner in the management, integration and implementation of certain government development programmes. The IDT has representation in all provinces and is organized on the basis of regional offices. These offices have the authority to call for bids, conduct evaluation of bids and make recommendations to the Management Bid Adjudication Committee (MBAC) for award of bids. A copy of IDT the last Annual Report is available on request. Additional information with regards to the structure and functional activities of IDT can be obtained from IDT website ( 1.2 Project Background The Independent Development Trust (IDT) has been appointed as the Implementing Agent by various National and Provincial Department Clients to implement Social Infrastructure Service Delivery Programs within the Gauteng Province, these includes but not limited to School Building Programme, Water and Sanitation, Fencing Programme, Special Schools Programme and Alternative Construction Methodology Programmes utilising conventional methods, however Alternative Building Technologies (ABTs) could be considered on sites with no access to deliver the materials. 1.3 Project Purpose Page 9

10 The IDT invites suitable qualified professional consultants from various disciplines (e.g. Project Managers, Architects, Quantity Surveyors, Civil & Structural Engineers, Electrical Engineers, Mechanical Engineers and Health and Safety), wishing to be on IDT database/panel PSP s for undertaking of infrastructure related works in the Gauteng Region, to submit proposals for expression of interest. The request for quotation will be issued to service providers on this panel on a rotation basis. The Database/panel will be valid for 36 months and will be subject to budget and project availability. 2. SCOPE OF WORK 2.1 PROJECT MANAGERS The Construction Project Manager is required to be registered with an appropriate professional body (i.e. South African Council for the Project and Construction Management Profession (SACPCMP) and to have the relevant qualifications, skills, experience and capacity to deliver the scope of work within the required timeframe. The Project Managers shall perform the following standard services under the following stages, as per The South African Council for the Project and Construction Management Professions (SACPCMP) Guideline Scope of Services and Recommended Guideline Tariff of Fees for Persons Registered in terms of the Project and Construction Management Professions Act 2000, Act No 48 of Stage 1 Inception Stage 2 Concept & Viability Stage 3 Design Development Stage 4 Documentation & Procurement Stage 5 Contract Administration & Inspection Stage 6 Close out 2.2 ARCHITECTS Architects are required to be registered with an appropriate professional body (i.e. South African Council for the Architectural Profession (SACAP)) and to have the relevant Page 10

11 qualifications, skills, experience and capacity to deliver the scope of work within the required timeframe. The Architects shall perform the following standard services under the following stages, as per The South African Council for the Architectural Profession (SACAP) Framework for the Professional Fees Guideline in respect of services provided by person(s) registered in terms of the Architectural Professions Act 2000, Act No 44 of Stage 1 Inception Stage 2 Concept & Viability (concept design) Stage 3 Design Development Stage 4 Documentation & Procurement Stage 5 Construction Stage 6 Close out 2.3 QUANTITY SURVEYORS Quantity Surveyors are required to be registered with an appropriate professional body (i.e. South African Council for the Quantity Surveying Profession (SACQS)) and to have the relevant qualifications, skills, experience and capacity to deliver the scope of work within the required timeframe. The Quantity Surveyor shall perform the following standard services under the following stages, as per The South African Council for the Quantity Surveying Profession (SACQS) Guideline Tariff of Fees respect of services provided by person(s) registered in terms of the Architectural Professions Act 2000, Act No 49 of Stage 1 Inception Stage 2 Concept & Viability Stage 3 Design Development 2.34 Stage 4 Documentation & Procurement Stage 5 Construction Stage 6 Close out Page 11

12 2.4 ENGINEERS (Civil & Structural, Electrical and Mechanical) Engineers are required to be registered with an appropriate professional body (i.e. Engineering Council of South Africa (ECSA)) and to have the relevant qualifications, skills, experience and capacity to deliver the scope of work within the required timeframe. The Engineers shall perform the following standard services under the following stages, as per Engineering Council of South African (ECSA) Guideline for services and process of estimating fees for person(s) registered in terms of the Engineering Professions Act 2000, Act No 46 of Stage 1 Inception Stage 2 Concept & Viability (often called Preliminary Design) Stage 3 Design Development (also termed Detailed Design) Stage 4 Documentation & Procurement Stage 5 Contract Administration and Inspection Stage 6 Close out 2.5 OCCUPATIONAL HEALTH & SAFETY CONSULTANT The Occupational Health and Safety Consultant is required to be registered with an appropriate professional body (i.e. South African Council for the Project and Construction Management Profession (SACPCMP)) and to have the relevant qualifications, skills, experience and capacity to deliver the scope of work within the required timeframe. The Occupational Health and Safety Consultant will be responsible for the development and monitoring of a comprehensive project specific health and safety plan. The consultant will also be required to assess and make recommendations on the designs produced by the Architects and Engineers. Assessment and analysis of potential risks attached to the project, i.e. undertake the baseline risk assessment on behalf of the IDT (as the client) in terms of Construction Regulation 5(1)(a). Attend professional design team meeting to inform the professional team, and in specific, the designer of the risks to be considered during the conceptualization of the project. Development of a project specific health and safety specification. Evaluation and approval of the contractor s health and safety plan. Page 12

13 Site Visits and regular monitoring audits. Attend technical meetings for presentation of the audit report. Assist the IDT to undertake Independent investigations on any accidents due to construction work undertaken. Conduct a final compliance audit on completion of the project and submit a close out report. 3. NOTES 3.1 Appointments for projects will be as and when required and will be dependent on project and budget availability. PSP s who qualify to be in the panel can be invited to respond to projects specific bidding for price and BBBEE in line with project scope, complexity and value in accordance with the IDT SCM Policy. A second appointment letter will be provided for actual allocation of works. 3.2 The full bid document must be filled with ink. 3.3 Packaged proposals to render more than one service will not be accepted. 3.4 Applicants are however free to submit separate proposals for any discipline they wish to be involved in provided they meet the required criteria. 3.5 If applicants chose to bid for more than one discipline, they are required to download a document for each discipline they intend to bid for. 3.6 Joint Ventures are eligible to submit expression of interest, provided that they satisfy stated criteria in the Expression of Interest. Each party to a joint venture is to submit the requisite documents and / or information as requested in item 4 below. An agreement or Heads of Terms recording the arrangement between the parties to the joint venture is to be submitted. A lead consultant is to be appointed and noted in the submission. Joint Venture agreement to be initialled and signed. 3.7 Upon allocation of works you will be required to submit a Professional Indemnity covering the allocated works or twice your estimated fees, whichever is the highest and conclusion of the applicable Client/ Consultant Agreement CIDB Standard Professional Page 13

14 Services Contract 3rd Edition of CIDB document 1014 (or latest version at appointment), together with the IDT addendums and any other special conditions of contract. 3.8 Upon allocation of works applicants are to ensure that they have adequate resources to undertake the work under stringent timeframes. 3.9 Upon allocation of works the bidders are required to take cognizance of the role of the other professionals that might be involved on the project Upon allocation of works the IDT reserves the right to ask tenderers to replace any member/s of the proposed team if they do not meet the IDT requirements. 4. PRESENTATION OF PROPOSALS The bidder s submission must provide the IDT with sufficient information to enable the employer to make a sound and fair evaluation of the proposal. The evaluation of proposals will be on the following basis: - Phase 1 - MANDATORY REQUIREMENTS/ DOCUMENTATION MANDATORY RETURNABLE DOCUMENTS A full CSD report and Tax Verification Pin issued by SARS. Bidders whose tax matters not in order with the South African Receiver of Revenue will be disqualified. A copy of the bidder s Professional Indemnity Insurance Certificate indicating the maximum value per claim in an insurance period, the applicable excess, the expiry date. A minimum cover of R3m is required for all PSP s except OHS (R1m). Fully initialized and Signed Joint Venture Agreement where applicable. Each party to a joint venture is to submit the requisite documents. An agreement or Heads of Terms recording the arrangement between the parties to the joint venture is to be submitted. A lead consultant is to be appointed and noted in the submission. Professional registration of the director/s (minimum of one director must be registered with the professional body of the services biding) Fully Completed and signed Standard Bidding Documents (attached below): o SBD4: Declaration of interest (Page on this document) o SBD 6.1: Preference points claim form in terms of Preferential Procurement regulation 2011 (Page on this document) o SBD 8: Declaration of Bidder s past supply chain management practices (Page on this document) o SBD 9: Certificate of Independent Bidder Determination (Page on this document) Compulsory enterprise questionnaire (Page on this document) Page 14

15 FAILURE TO COMPLY WITH THE ABOVE REQUIREMENT WILL RESULT IN AUTOMATIC DISQUALIFICATION. NON - MANDATORY RETURNABLE DOCUMENTS Company Registration CIPC A company/corporate brochure/profile alternatively a brief summary of the entity s background. Detailed CV s for the director and minimum of 2 key team members Certified ID Copies of all directors / partners / 2 key members and shareholders (not older than 3 months at tender closing date) Proof of head office location: Verifiable Water, Electricity or Levy account in the name of the company/firm. Lease agreement accompanied by Landlord affidavit. Failure to submit will result in zero points Phase 2 FUNCTIONALITY CRITERIA Bidders must clearly indicate the relevant previous experience of the company and its proposed key personnel as outlined below: - PREVIOUS EXPERIENCE A schedule of completed contracts of diverse nature (discipline bidding for) in relation to building construction works. The following details must be included in the schedule: - Full description of the project Service rendered Name of Employer / client and their representative contact details Cost of the works Fees obtained for services Date of completion Duration of the project and start date Date of completion Page 15

16 Complete IDT Reference form B2.1 (Page 37 on this document) for projects submitted as completed above. The following details must be in the reference form B2.1: - Only full signed and stamped forms by the client will be accepted Clear client contact details CAPABILITY Provide information on the individuals with qualifications, skills and experience of key resources: Relevant Qualifications (bidders are to include copies of the relevant qualifications of key individuals) Relevant registration with professional bodies (bidders are to include copies of the relevant registration certificates of individuals and ID Copies) Number of years of relevant experience in the industry and in the proposed role Detailed CV s for each member of the team noting their specific relevant project experience, project description, role and responsibility and project value. LOCALITY Points allocated for proof of residence in the selected province to bid. Verifiable Water, Electricity or Levy account in the name of the company/firm. Lease agreement accompanied by Landlord affidavit. Failure to submit will result in zero points 5. ASSESSMENT CRITERIA TECHNICAL The technical assessment will be based on the following criteria. FUNCTIONALITY CRITERIA POINTS ALLOCATION Previous Experience (Project Experience of firm for the past 5 years) Capability (Qualifications, Skills and Experience of Key Projects Resources) 40 Points 50 Points Approach Methodology 10 PointsTOTAL 100 Points Only bidders who will obtain a 60% minimum functionality threshold will qualify to be in the panel for a period of 36 months. Page 16

17 SBD 4 DECLARATION OF INTEREST 1. Any legal person, including persons employed by the state¹, or persons having a kinship with persons employed by the state, including a blood relationship, may make an offer or offers in terms of this invitation to bid (includes an advertised competitive bid, a limited bid, a proposal or written price quotation). In view of possible allegations of favouritism, should the resulting bid, or part thereof, be awarded to persons employed by the state, or to persons connected with or related to them, it is required that the bidder or his/her authorised representative declare his/her position in relation to the evaluating/adjudicating authority where- - the bidder is employed by the state; and/or - the legal person on whose behalf the bidding document is signed, has a relationship with persons/a person who are/is involved in the evaluation and or adjudication of the bid(s), or where it is known that such a relationship exists between the person or persons for or on whose behalf the declarant acts and persons who are involved with the evaluation and or adjudication of the bid. 2. In order to give effect to the above, the following questionnaire must be completed and submitted with the bid. 2.1 Full Name of bidder or his or her representative: 2.2 Identity Number: 2.3 Position occupied in the Company (director, trustee, shareholder², member): 2.4 Registration number of company, enterprise, close corporation, partnership agreement or trust: Page 17

18 Tax Reference Number: 2.6 VAT Registration Number: The names of all directors / trustees / shareholders / members, their individual identity numbers, tax reference numbers and, if applicable, employee / PERSAL numbers must be indicated in paragraph 3 below. ¹ State means (a) any national or provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance Management Act, 1999 (Act No. 1 of 1999); (b) any municipality or municipal entity; (c) provincial legislature; (d) national Assembly or the national Council of provinces; or (e) Parliament. ² Shareholder means a person who owns shares in the company and is actively involved in the management of the enterprise or business and exercises control over the enterprise. 2.7 Are you or any person connected with the bidder YES / NO presently employed by the state? 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: Page 18 Any other particulars:

19 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? If yes, did you attach proof of such authority to the bid YES / NO document? (Note: Failure to submit proof of such authority, where applicable, may result in the disqualification of the bid If no, furnish reasons for non-submission of such proof: Did you or your spouse, or any of the company s directors / YES / NO trustees / shareholders / members or their spouses conduct business with the state in the previous twelve months? If so, furnish particulars: Do you, or any person connected with the bidder, have YES / NO any relationship (family, friend, other) with a person employed by the state and who may be involved with the evaluation and or adjudication of this bid? If so, furnish particulars.... Page 19

20 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? If so, furnish particulars Do you or any of the directors / trustees / shareholders / members YES/NO of the company have any interest in any other related companies whether or not they are bidding for this contract? If so, furnish particulars:... 3 Full details of directors / trustees / members / shareholders. Full Name Identity Number Personal Tax Number Income Reference State Employee Number / Persal Number Page 20

21 4 DECLARATION I, THE UNDERSIGNED (NAME) CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPHS 2 and 3 ABOVE IS CORRECT. I ACCEPT THAT THE STATE MAY REJECT THE BID OR ACT AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE... Signature.. Date. Position Name of bidder Page 21

22 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, GENERAL CONDITIONS 1.1 The following preference point systems are applicable to all bids: - the 80/20 system for requirements with a Rand value of up to R (all applicable taxes included); and - the 90/10 system for requirements with a Rand value above R (all applicable taxes included). 1.2 The value of this bid is estimated not to exceed R (all applicable taxes included) and therefore the 80/20 preference point system shall be applicable. 1.3 Preference points for this bid shall be awarded for: (a) Price; and (b) B-BBEE Status Level of Contribution. 1.4 The maximum points for this bid are allocated as follows: POINTS PRICE 80 B-BBEE STATUS LEVEL OF CONTRIBUTION 20 Total points for Price and B-BBEE must not exceed Failure on the part of a bidder to submit a B-BBEE Verification Certificate from a Verification Agency accredited by the South African Accreditation System (SANAS), Page 22

23 or a Registered Auditor approved by the Independent Regulatory Board of Auditors (IRBA) or a sworn affidavit confirming annual turnover and level of black ownership in case of an EME and QSE together with the bid, will be interpreted to mean that preference points for B-BBEE status level of contribution are not claimed. 1.6 The purchaser reserves the right to require of a bidder, either before a bid is adjudicated or at any time subsequently, to substantiate any claim in regard to preferences, in any manner required by the purchaser. 2. DEFINITIONS (a) all applicable taxes includes value-added tax, pay as you earn, income tax, unemployment insurance fund contributions and skills development levies; (b) B-BBEE means broad-based black economic empowerment as defined in section 1 of the Broad-Based Black Economic Empowerment Act; (c) 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; (d) 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; (e) Broad-Based Black Economic Empowerment Act means the Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003); (f) 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; (g) 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; (h) contract means the agreement that results from the acceptance of a bid by an organ of state; (i) EME means an Exempted Micro Enterprise as defines by Codes of Good Practice under section 9 (1) of the Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003); (j) 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; (k) 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; (l) non-firm prices means all prices other than firm prices; (m) person includes a juristic person; Page 23

24 (n) QSE means a Qualifying Small EEnterprise as defines by Codes of Good Practice under section 9 (1) of the Broad-Based Black Economic Empowerment Act, 2003 ( Act No. 53 of 2003); (o) 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; (p) 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; (q) 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; (r) 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 (s) 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. 3.2 Preference points shall be calculated after prices have been brought to a comparative basis taking into account all factors of non-firm prices and all unconditional discounts. 3.3 Points scored must be rounded off to the nearest 2 decimal places. 3.4 In the event that two or more bids have scored equal total points, the successful bid must be the one scoring the highest number of preference points for B-BBEE. 3.5 However, when functionality is part of the evaluation process and two or more bids have scored equal points including equal preference points for B-BBEE, the successful bid must be the one scoring the highest score for functionality. 3.6 Should two or more bids be equal in all respects, the award shall be decided by the drawing of lots. 4. POINTS AWARDED FOR PRICE 4.1 THE 80/20 OR 90/10 PREFERENCE POINT SYSTEMS A maximum of 80 or 90 points is allocated for price on the following basis: 80/20 or 90/10 Pt P min Pt P min Ps 80 1 or Ps 90 1 P min P min Page 24

25 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 Contributor Number of points (90/10 system) Number of points (80/20 system) Non-compliant contributor A bidder who qualifies as a EME in terms of the B-BBEE Act must submit a sworn affidavit confirming Annual Total Revenue and Level of Black Ownership. 5.3 A Bidder other than EME or QSE 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 Page 25

26 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: 7. B-BBEE STATUS LEVEL OF CONTRIBUTION CLAIMED IN TERMS OF PARAGRAPHS 1.4 AND B-BBEE Status Level of Contribution:. = (maximum of 10 or 20 points) (Points claimed in respect of paragraph 7.1 must be in accordance with the table reflected in paragraph 5.1 and must be substantiated by means of a B-BBEE certificate issued by a Verification Agency accredited by SANAS or a Registered Auditor approved by IRBA or a sworn affidavit. 8. SUB-CONTRACTING 8.1 Will any portion of the contract be sub-contracted? (Tick applicable box) YES NO If yes, indicate: i) What percentage of the contract will be subcontracted.... % ii) The name of the subcontractor.. iii) The B-BBEE status level of the subcontractor..... iv) Whether the sub-contractor is an EME. (Tick applicable box) YES NO 9. DECLARATION WITH REGARD TO COMPANY/FIRM 9.1 Name of company/firm:. 9.2 VAT registration number:. Page 26

27 9.3 Company registration number: TYPE OF COMPANY/ FIRM Partnership/Joint Venture / Consortium One person business/sole propriety Close corporation Company (Pty) Limited [TICK APPLICABLE BOX] 9.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES 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; Page 27

28 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) (b) (c) (d) (e) disqualify the person from the bidding process; recover costs, losses or damages it has incurred or suffered as a result of that person s conduct; cancel the contract and claim any damages which it has suffered as a result of having to make less favourable arrangements due to such cancellation; 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 applied; and forward the matter for criminal prosecution. WITNESSES DATE: ADDRESS SIGNATURE(S) OF BIDDERS(S) Page 28

29 SBD 8 DECLARATION OF BIDDER S PAST SUPPLY CHAIN MANAGEMENT PRACTICES 1 This Standard Bidding Document must form part of all bids invited. 2 It serves as a declaration to be used by institutions in ensuring that when goods and services are being procured, all reasonable steps are taken to combat the abuse of the supply chain management system. 3 The bid of any bidder may be disregarded if that bidder, or any of its directors have- a. abused the institution s supply chain management system; b. committed fraud or any other improper conduct in relation to such system; or c. failed to perform on any previous contract. 4 In order to give effect to the above, the following questionnaire must be completed and submitted with the bid. Item Question Yes No 4.1 Is the bidder or any of its directors listed on the National Treasury s database as companies or persons prohibited from doing business with the public sector? (Companies or persons who are listed on this database were informed in writing of this restriction by the National Treasury after the audialterampartem rule was applied). Yes No If so, furnish particulars: Page 29

30 4.2 Is the bidder or any of its directors listed on the Register for Tender Defaulters in terms of section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004)? To access this Register enter the National Treasury s website, click on the icon Register for Tender Defaulters or submit your written request for a hard copy of the Register to facsimile number (012) Yes No If so, furnish particulars: 4.3 Was the bidder or any of its directors convicted by a court of law (including a court outside of the Republic of South Africa) for fraud or corruption during the past five years? Yes No If so, furnish particulars: 4.4 Was any contract between the bidder and any organ of state terminated during the past five years on account of failure to perform on or comply with the contract? Yes No If so, furnish particulars: CERTIFICATION I, THE UNDERSIGNED (FULL NAME) CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM IS TRUE AND CORRECT. I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT, ACTION MAY BE TAKEN AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE.... Signature. Position.. Date.. Name of Bidder Page 30

31 SBD 9 CERTIFICATE OF INDEPENDENT BID DETERMINATION 1 This Standard Bidding Document (SBD) must form part of all bids¹ invited. 2 Section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998, as amended, prohibits an agreement between, or concerted practice by, firms, or a decision by an association of firms, if it is between parties in a horizontal relationship and if it involves collusive bidding (or bid rigging).² Collusive bidding is a pe se prohibition meaning that it cannot be justified under any grounds. 3 Treasury Regulation 16A9 prescribes that accounting officers and accounting authorities must take all reasonable steps to prevent abuse of the supply chain management system and authorizes accounting officers and accounting authorities to: a. disregard the bid of any bidder if that bidder, or any of its directors have abused the institution s supply chain management system and or committed fraud or any other improper conduct in relation to such system. b. cancel a contract awarded to a supplier of goods and services if the supplier committed any corrupt or fraudulent act during the bidding process or the execution of that contract. 4 This SBD serves as a certificate of declaration that would be used by institutions to ensure that, when bids are considered, reasonable steps are taken to prevent any form of bid-rigging. 5 In order to give effect to the above, the attached Certificate of Bid Determination (SBD 9) must be completed and submitted with the bid: ¹ Includes price quotations, advertised competitive bids, limited bids and proposals. Page 31

32 ² Bid rigging (or collusive bidding) occurs when businesses, that would otherwise be expected to compete, secretly conspire to raise prices or lower the quality of goods and / or services for purchasers who wish to acquire goods and / or services through a bidding process. Bid rigging is, therefore, an agreement between competitors not to compete. 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; Page 32

33 4. Each person whose signature appears on the accompanying bid has been authorized by the bidder to determine the terms of, and to sign the bid, on behalf of the bidder; 5. For the purposes of this Certificate and the accompanying bid, I understand that the word competitor shall include any individual or organization, other than the bidder, whether or not affiliated with the bidder, who: (a) (b) (c) has been requested to submit a bid in response to this bid invitation; could potentially submit a bid in response to this bid invitation, based on their qualifications, abilities or experience; and provides the same goods and services as the bidder and/or is in the same line of business as the bidder 6. The bidder has arrived at the accompanying bid independently from, and without consultation, communication, agreement or arrangement with any competitor. However communication between partners in a joint venture or consortium³ will not be construed as collusive bidding. 7. In particular, without limiting the generality of paragraphs 6 above, there has been no consultation, communication, agreement or arrangement with any competitor regarding: (a) prices; (b) geographical area where product or service will be rendered (market allocation) (c) methods, factors or formulas used to calculate prices; (d) the intention or decision to submit or not to submit, a bid; (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. Page 33