ONDERSTEPOORT BIOLOGICAL PRODUCTS SOC LTD DELIVERED/COURIERED TO:

Transcription

1 COMPANY NAME: TENDER DESCRIPTION: REQUEST FOR PROPOSALS FOR A 3 YEAR MAINTENANCE AGREEMENT FOR ERAGROSTIS CURVULA DRY GRASS (OULANDSGRAS) AT ONDERSTEPOORT BIOLOGICAL PRODUCTS SOC LTD COMPULSORY BRIEFING SESSION: THERE WILL BE NO MEETING CLOSING DATE: 27 JULY 2017 CLOSING TIME: 11H00AM RESPONSES MUST BE HAND ONDERSTEPOORT BIOLOGICAL PRODUCTS SOC LTD DELIVERED/COURIERED TO: 100 OLD SOUTPAN ROAD, ONDERSTEPOORT PRETORIA NO FAXED OR ED PROPOSALS WILL BE CONSIDERED ATTENTION: THE PROCUREMENT MANAGER N.B. ALL TENDERERS MUST ENSURE THAT THEY SIGN THE TENDER SUBMISSION REGISTER THAT WILL BE KEPT AT THE RECEPTION AREA AT OBP UPON SUBMISSION OF THEIR PROPOSAL Tender for Supply of Eragrostis Curvula Dry Grass Page 1 of 25

2 TENDERING STRUCTURE Indicate the type of Bidding Structure by marking with an X : Individual Bidder Joint Venture Consortium Using sub-contractors Other If individual bidder, indicate the following: Name of bidder Registration Number VAT Registration Number (If applicable) Contact Person Telephone Number Fax Number address Postal Address Physical Address If Joint Venture/Consortium, indicate the following: Name of prime contractor Registration Number VAT Registration Number (If applicable) Contact Person Telephone Number Fax Number address Postal Address Physical Address If Joint Venture/Consortium, indicate the following: (To be completed for each JV/Consortium Member) Name of Joint Venture/Consortium Registration Number VAT Registration Number (If applicable) Contact Person Telephone Number Fax Number address Postal Address Physical Address Tender for Supply of Eragrostis Curvula Dry Grass Page 2 of 25

3 If using subcontractors, indicate the following: Name of prime contractor Registration Number VAT Registration Number (If applicable) Contact Person Telephone Number ABREVIATIONS BBBEE Broad Based Black Economic Empowerment OBP Onderstepoort Biological Products RFP Request for Proposal COID Compensation for Occupational Injury Diseases UIF Unemployment Insurance CIPC Companies and Intellectual Property Commission ID Identification AO/AA Accounting Officer/ Accounting Authority DTI Department of Trade and Industry SARB Service Approval review Board VAT Value Added Tax SABS South African Bureau of Standards NPA National Prosecuting Authority EAU Experimental Animals Unit Tender for Supply of Eragrostis Curvula Dry Grass Page 3 of 25

4 Checklist of Compulsory documents to be submitted - Please tick in the relevant block below YES NO One original tender document and 3 copies Valid Tax Clearance Certificate CIPC company registration documents Proof that the Service Provider is registered on Central Supplier Database (CSD) Valid BEE certificate issued by a SANAS accredited verification agency OR letter from accountants if a EME or affidavit Company profile Certified ID Copies/Passport Copied of Directors or Members Kindly Note that: 1. Should all of these documents not be included, the tenderer may be disqualified on the basis of noncompliance. 2. The same documents, except the tender document, must be submitted for all other companies that are involved in the tender in case of a consortium. 3. All compulsory documents, for all other parties in the tender must be filed and indexed in the same sequence as listed above. Tender for Supply of Eragrostis Curvula Dry Grass Page 4 of 25

5 The following documents are not compulsory but may be requested before the tender is awarded List of references of past and present clients (Company Name, Department, Contact person, Telephone Number and address, duration of contract with the reference). Cancelled Cheque/ Bank Confirmation Letter Signed: Capacity: Name in Print: Date: Tender for Supply of Eragrostis Curvula Dry Grass Page 5 of 25

6 TABLE OF CONTENTS FOR THIS TENDER 1. CONDITIONS AND UNDERTAKINGS BY TENDERER 2. SPECIAL CONDITIONS 3. TENDER CONDITIONS 4. SERVICE PLAN AND SCOPE OF WORK 5. BRIEFING SESSION 6. PRICING SCHEDULE 7. DECLARATION OF INTEREST BY TENDERER 8. DECLARATION OF INTEREST FOR PAST SUPPLY CHAIN MANAGEMENT PRACTICES 9. CERTIFICATE OF INDEPENDENT BID DETERMINATION 10. DECLARATION CERTIFICATE FOR LOCAL PRODUCTION AND CONTENT FOR DESIGNATED SECTORS Tender for Supply of Eragrostis Curvula Dry Grass Page 6 of 25

7 1. CONDITIONS AND UNDERTAKINGS BY TENDERER 1.1 The Tender 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 Black ink should be used when completing Bid documents Bidders should check the numbers of the pages to satisfy themselves that none is missing or duplicated. OBP will accept NO liability in regard to anything arising from the fact that pages are missing or duplicated. 1.2 I/We hereby tender to supply all or any of the supplies and/or to procure all or any of the services described in the attached documents to OBP on the terms and conditions and in accordance with the specifications stipulated in the Tender documents (and which shall be taken as part of, and incorporated into, this Tender) at the prices inserted therein. 1.3 We agree that The offer herein shall remain binding upon me/us and open for acceptance by OBP during the validity period indicated and calculated from the closing hour and date of the Tender; The laws of the Republic of South Africa shall govern the contract created by the acceptance of my/our Tender and that I/we choose domicilium citandi et executandi in the Republic as indicated below; and 1.4 I/We furthermore confirm that I/we have satisfied myself/ourselves as to the correctness and validity of my/our Tender that the price(s) and rate(s) quoted cover all the work/item(s) specified in the Tender 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. 1.5 I/We hereby accept full responsibility for the proper execution and fulfillment of all obligations and conditions devolving on me/us under this Tender as the Principal(s) liable for the due fulfillment of this contract. Tender for Supply of Eragrostis Curvula Dry Grass Page 7 of 25

8 Signature(s) of Tenderer or assignee(s) Date Name of signing person (in block letters) Capacity Are you duly authorized to sign this Tenderer? Name of Tenderer [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.... Tender for Supply of Eragrostis Curvula Dry Grass Page 8 of 25

9 2. SPECIAL CONDITIONS 2.1 PROVISIONAL QUANTITIES Where units/items/institutions are added, it will be done so by means of an approved variation order All quantities in this tender document are provisional and inserted in order to obtain competitive tenders. OBP reserves the right to increase or decrease quantities during the progress of the contract and such increases and decreases shall not alter tariffs and rates for any item Service Provider shall be on six month probation in order for OBP to monitor performance. 2.2 CONTRACT PERIOD, RENEWAL AND TARIFF ADJUSTMENT The contract shall be valid for a period of thirty six (36) months commencing from the date of the letter of acceptance of the tender and may be renewed at the sole discretion of the Managing Director/Chief Executive Officer of OBP Notice of termination shall be given one (1) month prior to the end of each period A contract shall be signed between OBP and the successful service provider. 2.3 SCOPE OF CONTRACT The full scope of work is as detailed in section 4 of this document Maintenance service sheets to be accompanied by an invoice with reference to applicable items The Contractor shall supply, at his own cost, all consumable material such as cleaning materials and chemicals, etc. necessary for the proper execution of repairs, maintenance and servicing. No claims for consumables shall be accepted The employment of any sub-contractor for any part of the execution of this contract resulting from this tender, shall be subject to the written approval obtained from OBP. 2.4 UNCERTAINTY ABOUT SCOPE OF WORK Should the Contractor be uncertain about the scope of any work to be executed under this contract, Experimental Animal Unit shall immediately be requested in writing to clarify any possible discrepancies that may exist. 2.5 OFFICIAL ORDER The Contractor shall not proceed with any work without the official purchase order No payments shall be made for work executed without the necessary written authority of OBP. 2.6 SUBMISSION OF SUPPLIER S INVOICES Contractors shall submit original tax invoices monthly. Payment terms 30 days from statement. 2.7 ACCESS TO PREMISES The Contractor will undertake to: Arrange with OBP regarding access to the premises in order to execute the required service Take adequate precautions to prevent damage to building, to fittings and furnishings inside the premises and elsewhere on the site. Tender for Supply of Eragrostis Curvula Dry Grass Page 9 of 25

10 2.7.3 Accept liability and indemnify OBP against any claims whatsoever arising from his conduct and/or the conduct of his employees Safeguard all employees in accordance with the regulations of the Unemployment Insurance Act 1996, (Act no. 30 of 1996) and any amendments thereof Comply with all By-Laws and requirements of the Local Authority Carry out maintenance, servicing and repairs during normal working hours. 2.8 ACCESS CARDS TO SECURITY AREAS Should the work fall within a security area, the Contractor shall obtain, from EMU Administrator access cards for his personnel and employees who work within such an area The Contractor shall comply with any regulations or instructions issued from time to time, concerning the safety and security of the persons and property. 2.9 SECURITY It is a condition of this tender that the form of security to be provided by the contractor, is not applicable to this tender OBP may require the Contractor to have his personnel or a certain number of them security classified In the event of OBP requesting the removal of a person or persons from site for security reasons, the Contractor shall do so forthwith and the Contractor shall thereafter ensure that such person or persons are denied any access to the site and/or to any documents or information relating to work. Tender for Supply of Eragrostis Curvula Dry Grass Page 10 of 25

11 3. TENDER CONDITIONS 3.1 Tenderers shall provide full and accurate answers to all questions posed in this document, and, are required to explicitly state either "Accept or Not Accept (with a )" regarding compliance with the requirements. Where necessary, the tenderer shall substantiate their response to a specific question. 3.2 A under Accept will be interpreted as full compliance/acceptance to the applicable paragraph. A under Not Accept will be interpreted that the tenderer/s has/have read and understood the paragraph, but the tenderer does not accept the content of the applicable paragraph. A under Partial will be interpreted and evaluated objectively against explanations and supporting documentation accordingly. 3.3 The following Tender conditions will govern the contract between the OBP and the successful tenderer: Requirement Accept Not Tenderers are invited to offer the Services/Products in accordance with the service plan, scope of work and the conditions within this document Fully comprehensive service documentation shall be supplied in English by each Tenderer, 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 Tenderer s name and address should clearly appear on the outside of tender documents and on envelope OBP reserves the right to evaluate and consider any Tenders that do not comply strictly to this RFP Acceptance of any Tenders will only indicate, without any obligations on the part of either OBP and/or a Tenderer, the willingness of such parties to enter into negotiations, which may or may not result in a contract/order as the case may be OBP reserves the right to make a selection solely on the information received in the Tenders or to negotiate further with one or more Tenderer/s The Tenderer/s selected for further negotiations, if any, will be chosen on the basis of the greatest benefit to OBP and not necessarily on the basis of lowest price or any other criteria Should OBP consider it necessary, the Tenderer/s shall agree to an inspection of the resources and works of the Tenderer, if so required? Should OBP consider it necessary, OBP will visit the Accept Partial Tender for Supply of Eragrostis Curvula Dry Grass Page 11 of 25

12 Tenderer/s customer sites OBP reserves the right: - to cancel this RFP at any time; - not to accept any Tender; - to accept one or more Tenders for further negotiation and; - to contact any Tenderer during the evaluation period, to clarify information only, without informing any other Tenderer The specifications are the intellectual property of OBP The prospective service provider SHALL at all times handle all information of any documents, discussions, diagrams and any other OBP intellectual property with strict confidentiality. Such information cannot be disclosed, either during the tendering process of after award of tender to successful service provider, by both the successful provider and the unsuccessful providers The Procuring of the Services shall not take place until OBP has given final approval of all procedures In the event that modifications, clarifications or additions to the RFP become necessary, all Tenderers will be notified, in writing, addenda to this RFP All costs incurred in the preparation, presentation and demonstration of the response shall be for the account of the Tenderer. All supporting documentation and manuals submitted with RFP will become OBP property unless otherwise stated by the Tenderer/s at the time of submission Any material submitted by the Tenderer/s, which is considered to be confidential in nature, must be clearly marked as such OBP will evaluate the bids against the following criteria: Compliance to the Specifications/ Functionality Price BEE Compliance to Bid Condition Payments of services rendered will be done 30 days after receipt of statement(s) Tender for Supply of Eragrostis Curvula Dry Grass Page 12 of 25

13 3.4 REASONS FOR DISQUALIFICATION OBP reserves the right to disqualify any Tenderer which does any one or more of the following, and such disqualification may take place without prior notice to the offending tenderer, however the tenderer shall be notified in writing of such disqualification: - If they do not meet the requirements as set out on page 4 of this document; - Tenderers who submitted incomplete information and documentation according to the requirements of this RFP; - Tenderers who submitted information that is fraudulent, factually untrue or inaccurate, for example memberships that do not exist, BEE credentials, experience, etc.; - Tenderers who received information not available to other vendors through fraudulent means; - Tenderers who in the past abused OBP s procurement system: - Tenderers who failed to perform on their previous contracts with OBP or any of their references. - Any other condition as explicitly indicated in this document No Tenders from any Tenderer with offices within the RSA shall be accepted if sent via the Fax or . However, Tenders from international bidders with no office or representation in the RSA shall be accepted if received via the Fax or before the closing date and time. Such Tenders 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. 3.5 ENQUIRIES Enquiries regarding this Request for Proposal should be submitted via to Gerrie@obpvaccines.co.za. Such queries must be sent at least FIVE working days (latest 17 July 2017) before the closing date. OBP cannot guarantee that queries received after that date can be answered before the Tender closing date. Tender for Supply of Eragrostis Curvula Dry Grass Page 13 of 25

14 4. SERVICE PLAN AND SCOPE OF WORK 4.1 Below is a description of the Grass to be supplied. Please indicate by a tick, if you comply with specification. Number Description Size Comply Yes No 1. Eragrostis Curvula Dry Grass 2. Free from debris, stones, poisonous plants (twigs, berries) 3. Free from rain damage (no mold/fungus) 4 Not cut next to roads 5. Square Bales Not less than 16 kgs 6. Delivery and offloading by supplier to 3 bulk stores and 5 small stores 7. Weighing certificate required indicating nett mass 8. Minimum delivery notice period-1 week 9. Average Supply per annum tons 4.2 Validity of Proposals The prospective tenderer is required to confirm that it will hold its proposal valid for 90 days from the closing date of the submission of proposals. All the proposals shall be quoted in South African Rand, and remain valid for 90 days after closure of the tender. 4.3 Evaluation Criteria and Methodology OBP will utilize the following criteria (not necessarily in this order) in choosing a Supplier/Service Provider, if so required: Evaluation Stage One: Compliance Compliance with administrative requirements as listed in the checklist of compulsory documents. In this evaluation stage, all tenderers that fail to provide the required information and documentation will be disqualified from further evaluation. Tender for Supply of Eragrostis Curvula Dry Grass Page 14 of 25

15 4.3.2 Evaluation Stage Two: Functional Evaluation Criteria In this evaluation stage, tenderers are expected to conform to all the terms, conditions and scope and/or specifications as stipulated in paragraph Evaluation Stage Three: Preference Point System The evaluation for Price and BEE shall be based on the 80/20 PPPFA principle and the points for evaluation criteria are as follows: Evaluation Criteria Points 1. Price Black Economic Empowerment Total 100 B-BBEE Status Level of Contributor Number of Points Non-compliant contributor Evaluation Stage Four: Site Inspection At the OBP s discretion a site inspection may be conducted at this stage. OBP might audit the service provider s supplier. The conclusion of the tender will be subject to the audit results. 5. COMPULSORY BRIEFING SESSION There will be not compulsory briefing session. Tender for Supply of Eragrostis Curvula Dry Grass Page 15 of 25

16 6. PRICING SCHEDULE Please complete all sections of this table. DESCRIPTION Year 1 Year 2 Year 3 Price per ton (Excluding VAT Add: 14% (VAT) Total Including VAT Signed: Name in Print: Capacity: Date: Tender for Supply of Eragrostis Curvula Dry Grass Page 16 of 25

17 7. DECLARATION OF INTEREST 7.1 The tenderer declares that in their capacity as the tenderer, their family, friends and other close associates Have/Have no financial interest in OBP s procurement. 7.2 The tenderer, their family, friends and other close associates declare(s) that they Have/Have no relationship(s) with any person(s) who are involved in the specification, evaluation and adjudication of the tender. 7.3 Where it is known that such a relationship exists between the person(s), for or on whose behalf the declarant acts and person(s) who are involved with the specification, evaluation and adjudication of the bid, please complete the table below. Name(s) of Role(s) of the individual(s) Name(s) of OBP Nature of Relationship individual with in your company person(s) with whom interest in OBP s relationship exists procurement Signed: Name in Print: Capacity: Date: Tender for Supply of Eragrostis Curvula Dry Grass Page 17 of 25

18 8. DECLARATION OF SERVICE PROVIDER S PAST SUPPLY CHAIN MANAGEMENT PRACTICES Prospective Service Provider/s are requested to complete the table below regarding their past Supply Chain Management Practices: Question Is the Service provider/s or any of its Director(s) listed on the National Treasury Database of Restricted suppliers as companies or persons prohibited from doing business with the Public Sector. If so furnish particulars Is the Service provider/s or any of its Director(s) 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) If so furnish particulars Was the Service provider/s or any of its Director(s) convicted by a court of law (Including a Court outside the Republic of South Africa) for fraud or corruption during the past five years If so furnish particulars Was any contract between the Service provider/s and the any Public entity terminated during the past five years on account of failure to perform or comply with the contract If so furnish particulars Answer Yes Yes Yes Yes NO NO NO NO Signed: Name in Print: Capacity: Date: Tender for Supply of Eragrostis Curvula Dry Grass Page 18 of 25

19 9. CERTIFICATE OF INDEPENDENT BID DETERMINATION a. 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. b. 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: i. Disregard the proposal of any prospective service provider if that prospective provider 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. ii. Cancel a contract awarded to a supplier of goods and services if the supplier committed any corrupt or fraudulent act during the procurement process or the execution of that contract. c. This Independent Bid Determination Declaration 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. I, the undersigned, in submitting the accompanying bid: (Proposal Description) in response to the invitation for the proposal made by: Onderstepoort Biological Products 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 service provider) Tender for Supply of Eragrostis Curvula Dry Grass Page 19 of 25

20 1. I have read and I understand the contents of this Certificate; 2. I understand that the accompanying proposal will be disqualified if this Certificate is found not to be true and complete in every respect; 3. I am authorized by the service provider to sign this Certificate, and to submit the accompanying proposal, on behalf of the service provider; 4. Each person whose signature appears on the accompanying bid has been authorized by the service provider to determine the terms of, and to sign the proposal, on behalf of the service provider; 5. For the purposes of this Certificate and the accompanying proposal, 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 proposal in response to this proposal invitation; (b) could potentially submit a proposal in response to this proposal invitation, based on their qualifications, abilities or experience; and (c) provides the same goods and services as the service provider and/or is in the same line of business as the service provider 6. The service provider has arrived at the accompanying proposal 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; (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 proposal have not been, and will not be, disclosed by the service provider, directly or indirectly, to any competitor, prior to the date and time of the official bid opening or of the awarding of the contract. Tender for Supply of Eragrostis Curvula Dry Grass Page 20 of 25

21 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. Name in Print: Signed: Date: Capacity: 10. DECLARATION CERTIFICATE FOR LOCAL PRODUCTION AND CONTENT FOR DESIGNATED SECTORS Before completing this declaration, bidders must study the General Conditions, Definitions, Directives applicable in respect of Local Content as prescribed in the Preferential Procurement Regulations, 2011, the South African Bureau of Standards (SABS) approved technical specification number SATS 1286:2011 (Edition 1) and the Guidance on the Calculation of Local Content together with the Local Content Declaration Templates [Annex C (Local Content Declaration: Summary Schedule), D (Imported Content Declaration: Supporting Schedule to Annex C) and E (Local Content Declaration: Supporting Schedule to Annex C)]. a. General Conditions i. Preferential Procurement Regulations, 2011 (Regulation 9) makes provision for the promotion of local production and content. ii. Regulation 9.(1) prescribes that in the case of designated sectors, where in the award of bids local production and content is of critical importance, such bids must be advertised with the specific bidding condition that only locally produced goods, services or works or locally manufactured goods, with a stipulated minimum threshold for local production and content will be considered. iii. Where necessary, for bids referred to in paragraph above, a two stage bidding process may be followed, where the first stage involves a minimum threshold for local production and content and the second stage price and B-BBEE iv. A person awarded a contract in relation to a designated sector, may not sub-contract in such a manner that the local production and content of the overall value of the contract is reduced to below the stipulated minimum threshold. Tender for Supply of Eragrostis Curvula Dry Grass Page 21 of 25

22 v. The local content (LC) expressed as a percentage of the bid price must be calculated in accordance with the SABS approved technical specification number SATS 1286:2011 as follows: LC = [1 - x / y] * 100 Where x y is the imported content in Rand is the bid price in Rand excluding value added tax (VAT) Prices referred to in the determination of x must be converted to Rand (ZAR) by using the exchange rate published by South African Reserve Bank (SARB) at 12:00 on the date of advertisement of the bid as indicated in paragraph 4.1 below. The SABS approved technical specification number SATS 1286:2011 is accessible on development/ip.jsp at no cost. vi. A proposal may be disqualified if (a) this Declaration Certificate and the Annex C (Local Content Declaration: Summary Schedule) are not submitted as part of the bid documentation; and (b) the bidder fails to declare that the Local Content Declaration Templates (Annex C, D and E) have been audited and certified as correct. b. Definitions vii. bid includes written price quotations, advertised competitive bids or proposals; viii. bid price price offered by the bidder, excluding value added tax (VAT); ix. contract means the agreement that results from the acceptance of a bid by an organ of state; x. designated sector means a sector, sub-sector or industry that has been designated by the Department of Trade and Industry in line with national development and industrial policies for local production, where only locally produced services, works or goods or locally manufactured goods meet the stipulated minimum threshold for local production and content; xi. duly sign means a Declaration Certificate for Local Content 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). xii. imported content means that portion of the bid price represented by the cost of components, parts or materials which have been or are still to be imported (whether by the supplier or its subcontractors) and which costs are inclusive of the costs abroad (this includes labour or intellectual property costs), plus freight and other direct importation costs, such as landing costs, dock duties, import duty, sales duty or other similar tax or duty at the South African port of entry; xiii. local content means that portion of the bid price which is not included in the imported content, provided that local manufacture does take place; xiv. stipulated minimum threshold means that portion of local production and content as determined by the Department of Trade and Industry; and xv. 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. Tender for Supply of Eragrostis Curvula Dry Grass Page 22 of 25

23 c. The stipulated minimum threshold(s) for local production and content (refer to Annex A of SATS 1286:2011) for this bid is/are as follows: Description of services, works or goods Stipulated minimum threshold % % % 10.4 Does any portion of the services, works or goods offered have any imported content? (Tick applicable box) YES NO If yes, the rate(s) of exchange to be used in this bid to calculate the local content as prescribed in paragraph 1.5 of the general conditions must be the rate(s) published by SARB for the specific currency at 12:00 on the date of advertisement of the bid. The relevant rates of exchange information is accessible on Indicate the rate(s) of exchange against the appropriate currency in the table below (refer to Annex A of SATS 1286:2011): Currency US Dollar Pound Sterling Euro Yen Other Rates of exchange NB: Bidders must submit proof of the SARB rate (s) of exchange used Were the Local Content Declaration Templates (Annex C, D and E) audited and certified as correct? (Tick applicable box) YES NO If yes, provide the following particulars: (a) Full name of auditor:.. (b) Practice number: Tender for Supply of Eragrostis Curvula Dry Grass Page 23 of 25

24 (c) Telephone and cell number: (d) address:. (Documentary proof regarding the declaration will, when required, be submitted to the satisfaction of the Accounting Officer / Accounting Authority) 10.6 Where, after the award of a bid, challenges are experienced in meeting the stipulated minimum threshold for local content the DTI must be informed accordingly in order for the DTI to verify and in consultation with the AO/AA provide directives in this regard. LOCAL CONTENT DECLARATION (REFER TO ANNEX B OF SATS 1286:2011) LOCAL CONTENT DECLARATION BY 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) IN RESPECT OF BID NO.... ISSUED BY: (Procurement Authority / Name of Institution):... NB 1 The obligation to complete, duly sign and submit this declaration cannot be transferred to an external authorized representative, auditor or any other third party acting on behalf of the bidder. 2 Guidance on the Calculation of Local Content together with Local Content Declaration Templates (Annex C, D and E) is accessible on development/ip.jsp. Bidders should first complete Declaration D. After completing Declaration D, bidders should complete Declaration E and then consolidate the information on Declaration C. Declaration C should be submitted with the bid documentation at the closing date and time of the bid in order to substantiate the declaration made in paragraph (c) below. Declarations D and E should be kept by the bidders for verification purposes for a period of at least 5 years. The successful bidder is required to continuously update Declarations C, D and E with the actual values for the duration of the contract. I, the undersigned,... (full names), do hereby declare, in my capacity as of...(name of bidder entity), the following: (a) The facts contained herein are within my own personal knowledge. (b) I have satisfied myself that: (i) the goods/services/works to be delivered in terms of the above-specified bid comply with the minimum local content requirements as specified in the bid, and as measured in terms of SATS 1286:2011; and Tender for Supply of Eragrostis Curvula Dry Grass Page 24 of 25

25 (ii) the declaration templates have been audited and certified to be correct. (c) The local content percentage (%) indicated below has been calculated using the formula given in clause 3 of SATS 1286:2011, the rates of exchange indicated in paragraph 4.1 above and the information contained in Declaration D and E which has been consolidated in Declaration C: Bid price, excluding VAT (y) Imported content (x), as calculated in terms of SATS 1286:2011 Stipulated minimum threshold for local content (paragraph 3 above) Local content %, as calculated in terms of SATS 1286:2011 R R If the bid is for more than one product, the local content percentages for each product contained in Declaration C shall be used instead of the table above. The local content percentages for each product has been calculated using the formula given in clause 3 of SATS 1286:2011, the rates of exchange indicated in paragraph 4.1 above and the information contained in Declaration D and E. (d) I accept that the Procurement Authority / Institution has the right to request that the local content be verified in terms of the requirements of SATS 1286:2011. (e) I understand that the awarding of the bid is dependent on the accuracy of the information furnished in this application. I also understand that the submission of incorrect data, or data that are not verifiable as described in SATS 1286:2011, may result in the Procurement Authority / Institution imposing any or all of the remedies as provided for in Regulation 13 of the Preferential Procurement Regulations, 2011 promulgated under the Preferential Policy Framework Act (PPPFA), 2000 (Act No. 5 of 2000). SIGNATURE: WITNESS No. 1 WITNESS No. 2 DATE: DATE: DATE: Tender for Supply of Eragrostis Curvula Dry Grass Page 25 of 25