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TENDER NUMBER CRL/01/2020

DATE OF THE ADVERT 17/01/2020

TENDER CLOSING DATE AND TIME 07/02/2020

BID VALIDITY PERIOD 90 DAYS (FROM THE CLOSING DATE)

TENDER DESCRIPTION

INVITATION TO TENDER FOR PROVISION OF

CAPACITY AND CAPABILITY REVIEW TO ENSURE

SUSTAINALIBILITY OF THE CRL RIGHTS COMMISSION

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TABLE OF CONTENTS

Description Page

Number 1. INTRODUCTION 3

2. INVITATION TO BID 4

3. TERMS OF REFERENCE 6

4. BACKGROUND 7-11

5. SCOPE OF WOK 13-14

6. ACCOUNTABILITY 15

7. ASSIGNMENT COST & PAYMENT 15

8. TIMEFRAME 15

9. MILESTONE COST SCHEDULE

10. GENERAL CONDITIONS OF THIS TENDER 18-19

11. EVALUATION OF THE TENDER PROPOSAL 19-24

12. COMPULSORY TENDER FORMS FOR COMPLETION BY THE BIDDER: SBD 3.1 - Pricing Schedule – Firm Prices (page 25) SBD 3.3 - Pricing Schedule – Professional Services (page 26) SBD 4 - Declaration of Interest (page 27-30) SBD 6.1 - Preference Points claim from in terms of the Preferential

Procurement Regulations 2017 (page 31 -34) SBD 8 - Declaration of bidder’s past supply chain management

practices (page 35 – 36) SBD 9 - Certificate of Independent Bid Determination (page 37-39) SBD 7.2 - Contract Form – Rendering of Services- Part 1 (page 40) SBD 7.2 - Contract Form- Rendering of Services – Part 2 (page 42)

13. GENERAL CONDITIONS OF CONTRACT 43-56

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1. INTRODUCTION

The Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (hereinafter the “CRL Rights Commission” or “the Commission”) is one of the chapter 9 institutions established by the Constitution of the Republic of South Africa Act 108 of 1996 (hereinafter “the Constitution”), to strengthen constitutional democracy in South Africa.

FUNCTIONS OF THE COMMISSION

The Commission has powers and functions prescribed by national legislation, i.e. the Commission’s Act 19 of 2002.

1. Vision Mutual respect amongst diverse cultural, religious and linguistic communities

2. Mission To foster rights of Communities to freely observe and practise their culture, religion and language.

3. Values

The commission subscribes to the following organizational values in the execution of its mandate:

Integrity

Transparency

Accountability

Professionalism

Impartiality

Responsiveness

Respect

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1. INVITATION TO BID

YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF THE CRL RIGHTS COMMISSION

BID NUMBER: CRL 01/2020 CLOSING DATE: 07/02/2020 CLOSING TIME: 11h00am

DESCRIPTION PROVISION OF CAPACITY AND CAPABILITY REVIEW TO ENSURE SUSTAINABILITY OF THE CRL RIGHTS COMMISSION

BID RESPONSE DOCUMENTS MAY BE DEPOSITED IN THE BID BOX SITUATED AT (STREET ADDRESS)

CRL RIGHTS COMMISSION, 33 HOOFD STREET, FORUM IV, GROUND FLOOR

BRAAMPARK, BRAAMFONTEIN

BIDDING PROCEDURE ENQUIRIES MAY BE DIRECTED TO TECHNICAL ENQUIRIES MAY BE DIRECTED TO:

CONTACT PERSON CONTACT PERSON

E-MAIL ADDRESS E-MAIL ADDRESS

SUPPLIER INFORMATION

NAME OF BIDDER

POSTAL ADDRESS

STREET ADDRESS

TELEPHONE NUMBER CODE NUMBER

CELLPHONE NUMBER

FACSIMILE NUMBER CODE NUMBER

E-MAIL ADDRESS

VAT REGISTRATION NUMBER

SUPPLIER COMPLIANCE STATUS

TAX COMPLIANCE SYSTEM PIN:

OR

CENTRAL SUPPLIER DATABASE No: MAAA

B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE

TICK APPLICABLE BOX]

Yes No

B-BBEE STATUS LEVEL SWORN AFFIDAVIT

[TICK APPLICABLE BOX]

Yes No

[A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE/ SWORN AFFIDAVIT (FOR EMES & QSEs) MUST BE SUBMITTED IN ORDER TO QUALIFY FOR PREFERENCE POINTS FOR B-BBEE]

ARE YOU THE ACCREDITED REPRESENTATIVE IN SOUTH AFRICA FOR THE SERVICES OFFERED?

Yes No

[IF YES ENCLOSE PROOF]

ARE YOU A FOREIGN BASED SUPPLIER FOR THE GOODS SERVICES OFFERED?

Yes No

[IF YES, ANSWER THE QUESTIONNAIRE BELOW ]

QUESTIONNAIRE TO BIDDING FOREIGN SUPPLIERS

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IS THE ENTITY A RESIDENT OF THE REPUBLIC OF SOUTH AFRICA (RSA)? YES NO

DOES THE ENTITY HAVE A BRANCH IN THE RSA? YES NO

DOES THE ENTITY HAVE A PERMANENT ESTABLISHMENT IN THE RSA? YES NO

DOES THE ENTITY HAVE ANY SOURCE OF INCOME IN THE RSA? YES NO

IS THE ENTITY LIABLE IN THE RSA FOR ANY FORM OF TAXATION? YES NO

IF THE ANSWER IS “NO” TO ALL OF THE ABOVE, THEN IT IS NOT A REQUIREMENT TO REGISTER FOR A TAX COMPLIANCE STATUS SYSTEM PIN CODE FROM THE SOUTH AFRICAN REVENUE SERVICE (SARS) AND IF NOT REGISTER AS PER 2.3 BELOW.

TERMS AND CONDITIONS FOR BIDDING

1. BID SUBMISSION:

1.1. BIDS MUST BE DELIVERED BY THE STIPULATED TIME TO THE CORRECT ADDRESS. LATE BIDS WILL NOT BE ACCEPTED FOR CONSIDERATION.

1.2. ALL BIDS MUST BE SUBMITTED ON THE OFFICIAL FORMS PROVIDED–(NOT TO BE RE-TYPED) AND IN THE MANNER PRESCRIBED IN THIS BID DOCUMENT.

1.3. THIS BID IS SUBJECT TO THE PREFERENTIAL PROCUREMENT POLICY FRAMEWORK ACT, 2000 AND THE PREFERENTIAL PROCUREMENT REGULATIONS, 2017, THE GENERAL CONDITIONS OF CONTRACT (GCC) AND, IF APPLICABLE, ANY OTHER SPECIAL CONDITIONS OF CONTRACT.

1.4. THE SUCCESSFUL BIDDER WILL BE REQUIRED TO FILL IN AND SIGN A WRITTEN CONTRACT FORM (SBD7).

2. TAX COMPLIANCE REQUIREMENTS

2.1 BIDDERS MUST ENSURE COMPLIANCE WITH THEIR TAX OBLIGATIONS.

2.2 BIDDERS ARE REQUIRED TO SUBMIT THEIR UNIQUE PERSONAL IDENTIFICATION NUMBER (PIN) ISSUED BY SARS TO ENABLE THE ORGAN OF STATE TO VERIFY THE TAXPAYER’S PROFILE AND TAX STATUS.

2.3 APPLICATION FOR TAX COMPLIANCE STATUS (TCS) PIN MAY BE MADE VIA E-FILING THROUGH THE SARS WEBSITE WWW.SARS.GOV.ZA.

2.4 BIDDERS MAY ALSO SUBMIT A VALID PRINTED TCS CERTIFICATE TOGETHER WITH THE BID.

2.5 IN BIDS WHERE CONSORTIA / JOINT VENTURES / SUB-CONTRACTORS ARE INVOLVED, EACH PARTY MUST SUBMIT A SEPARATE TCS CERTIFICATE / PIN / CSD NUMBER.

2.6 WHERE NO TCS PIN IS AVAILABLE BUT THE BIDDER IS REGISTERED ON THE CENTRAL SUPPLIER DATABASE (CSD), A CSD NUMBER MUST BE PROVIDED.

2.7 NO BIDS WILL BE CONSIDERED FROM PERSONS IN THE SERVICE OF THE STATE, COMPANIES WITH DIRECTORS WHO ARE PERSONS IN THE SERVICE OF THE STATE, OR CLOSE CORPORATIONS WITH MEMBERS PERSONS IN THE SERVICE OF THE STATE.”

NB: FAILURE TO PROVIDE / OR COMPLY WITH ANY OF THE ABOVE PARTICULARS MAY RENDER THE BID INVALID.

SIGNATURE OF BIDDER: ……………………………………………

CAPACITY UNDER WHICH THIS BID IS SIGNED: ……………………………………………

(Proof of authority must be submitted e.g. company resolution)

DATE: .........…………………...

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3. TERMS OF REFERENCE

ASSIGNMENT: Provision of a Capacity and Capability review of the CRL Rights Commission to ensure capability of the Commission in line with the revised strategic objectives

SERVICE PROVIDER: To be appointed through an open process for the CRL Rights Commission

1. ASSIGNMENT OBJECTIVE

The assignment objective is to support the CRL Rights Commission in performing a

comprehensive capacity and capability review of the organisation to identify where the

performance gaps are and consequently identify the best interventions required in terms

of the pillars that will enable CRL Rights Commission to deliver on its mandate and service

our stakeholders in the most effective and efficient manner.

The key areas of focus will be to analyse, understand, review, interrogate and report on

the organisations Capacity and Capability to deliver in terms of;

- The policy, legal and regulatory framework

- Business modelling and the value proposition of the organisation

- Strategic Objectives and Leadership within the organisation

- Structures, both internal and External

- Business Systems and Processes

- Human capital Audit

- Resources (financial, technology, facilities, and others)

- Culture and Values

The resulting output will be a capability heat map with maturity levels of each capability, a

future state, a gap analysis, SWOT report and an enterprise architecture, to support the

Commission in developing a comprehensive intervention strategy to mobilise, re-allocate

resources, or request additional resources where required to ensure the intended value of

the organisation is achieved.

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4. BACKGROUND

ORGANISATIONAL CONTEXT

CRL Rights Commission is a constitutional body established in terms of the Section 185 of

the Constitution and the CRL Act 19 of 2002 with a very unique mandate which is to

promote and protect the rights of cultural, religious and linguistic communities, to promote

respect for and further promote protection of cultural, religious and linguistic communities

and to strengthen constitutional democracy. The Commission has five programmes run as

business units with current staff complement of approximately 30 which are required to

deliver on specific areas of the CRL Rights Commission’s mandate. To understand the

capacity requirement of the Commission, it is imperative that the service provider has a

clear understanding of the mandate and other policy directives/imperatives for the

Commission.

The CRL Rights Act mandates the Commission to:

The Commission for the Promotion and Protection of the rights of Cultural, Religious and

Linguistic communities (CRL Rights commission) is a constitutional institution established

in terms of Section 181(1)© of the Constitution of the Republic of South Africa, 1996 to

strengthen constitutional democracy. The CRL Rights Commission was established in

order to protect and promote the rights of cultural, religious and linguistic communities. Its

mandate is achievable through both proactive and reactive approach.

In terms of sec 185 (1) of the Constitution of South Africa, the CRL Rights Commission

must:

Promote and develop peace, friendship, humanity, tolerance and national unity

among cultural, religious and linguistic communities, on the basis of equality, non-

discrimination and free association;

Promote respect for and further the protection of the rights of cultural, religious and

linguistic communities; and

To recommend the establishment or recognition of community councils in

accordance with national legislation of cultural or other council/councils for

community/communities in South Africa.

Powers and Functions

The powers and functions of the CRL Rights Commission are defined in section 5 (1) of

the CRL Rights Act, these include among others the following:

a) Conduct information and education programmes to promote public understanding

of its mandate

b) Promotion of mutual respect for and the protection of the rights of cultural, religious

and linguistic communities;

c) Develop strategies that facilitate the full and active participation of cultural,

religious and linguistic communities in the nation building in South Africa

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d) Promote awareness among the youth of South Africa of the diversity of cultural,

religious and linguistic and their rights;

e) Monitor, investigate and research any issue concerning the rights of cultural,

religious and linguistic communities;

f) Facilitate the resolution of conflict between and within cultural, religious and

linguistic communities or between any such community and an organ of state

where the cultural, religious or linguistic rights of a community are affected;

g) Make recommendations to the appropriate organs of state regarding legislation

that impacts on cultural, religious and linguistic rights of communities.

h) Establish and maintain a database of cultural, religious and linguistic community

organisations and institutions and experts on these communities;

i) Educate, lobby, advise and report any issue concerning the rights of cultural,

religious and linguistic communities

j) Receive and deal with request related to the rights of cultural, religious and

linguistic communities; and

k) Bring any relevant matter to the attention of appropriate authority or organ of state,

and, where appropriate, make recommendations to such authority or organ of

state in dealing with such a matter.

In order to achieve the areas as set out in the mandate, CRL Rights Commission has

determined strategic objectives which shall be the foundation for the determination of the

core and foundational capabilities required. These core capabilities are further explained

in the following sections, which are the support processes, thereafter the operational

processes are described to provide context for this appointment.

CRL Rights Commission Support Processes:

Governance Processes (Ethical Leadership, The Organisation in Society, corporate

Citizenship, Sustainable Development, Stakeholder Inclusivity, Integrated Thinking and

Integrated Reporting)

In terms of King IV and PFMA

o Financial Management

o Human Resource Management

o Management of IT services for the Commission

o Management of Office of the Commission chairperson

o Management of the chief Executive’s office

o Manage Business Processes

o Supply chain Management

o Knowledge Management

o Communications and Marketing

o Governance, Risk and Compliance

o Strategic and business Planning

Operational processes

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o Programme: Enhanced Organisational Capacity

o Programme: Stengthened Legal Services

o Programme: Strengthened Capacity for Advocacy Programmes

o Programme: Effective Research System

o Programme: Knowledge, Marketing and Communication

Additional information in terms of the operational processes is provided as follows;

Strategic Outcome Oriented Goal 1 Enhanced Organisational capacity to effectively and

efficiently deliver on CRL Commission’s mandate

Goal Statement Provide strategic direction and oversight on

compliance of the regulatory requirement as the Public

Finance Management Act (PFMA)

Provide human resources, continuously develop their

capacities and create an enabling operational

environment.

Ensure effective and efficient financial and supply chain

management, internal audit and Risk management.

Embark on a resource mobilization and fund raising

mission.

Strategic Outcome Oriented Goal 2 Strengthened legal services and capacity to facilitate

resolution of friction between and within the CRL

communities

Goal Statement Investigate and provide legal services on any matters

concerning the rights of CRL Communities.

Accelerate facilitation of resolution of friction between

and within CRL communities. Receive and deal with

request related to CRL communities.

Review Policies and legal systems and recommend to

Parliament organs of state regarding any legislation that

impacts on the right of CRL communities. Monitor

compliance with ratified international convents and

charters and report on progress and impact.

Strategic Outcome Oriented Goal 3 Strengthened capacity to support Promotion and

Protection of Culture, Religion and Linguistic Rights

through Public Engagement and Education.

Goal Statement Develop information and educational programmes that

facilitate public understanding of the objects of the

Commission, promote respect for and protection of

CRL Communities.

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Development of strategies that facilitate full and active

participation of CRL communities in nation building in

South Africa. Promote awareness among the youth of

the diversity of CRK communities and their rights;

Establish and strengthen the community councils to

enhance visibility of CRL Rights Commission for

improved promotion and protection of rights of cultural,

religious and linguistic communities.

Strategic Outcome Oriented goal 4 Effective research system to inform evidence-based

Policies and CRL Rights dialogues

Goal Statement Develop a clear research strategy that will guide the

monitoring, investigation and research any issue

concerning the rights of cultural, religious and linguistic

communities;

Establish and maintain database of CRL community

organisations and institutions and experts on these

communities;

Generate evidence to support the promotion,

rediscovery and development of historically diminished

heritage.

Forge strategic partnership with research institutions

and institutions of higher learning and influence the

research agenda and debate on CRL Rights related

topics.

Strategic Outcome Oriented Goal 5 Better communication, marketing and knowledge

management through the state of art Information and

Communication technologies

Goal Statement Re-branding of CRL and improve Information and

Communication Technologies for better

communication, knowledge management and

marketing.

Lobby, advise and report on any issues concerning the

rights of CRL communities

OPERATIONAL CONTEXT

Due to the nature of work and business systems CRL Rights Commission operate within, it is

noted that the superposition principle is not an acceptable approach to take in delivery on the

mandate; the various policies, regulations, resources, strategies, structures, business

systems, human resources, other resources and/or stimuli do not always contribute in and

expected manner to achieve the desired collective intended outcomes due to a continuously

evolving stakeholder, lack of internal human resources capacity, environment and

organization. The Commission’s mandate is implementable in all Provinces and access to all

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areas including rural communities is of essence in the successful execution of commission’s

mandate.

Rather than a list of ingredients, the Commission must follow a recipe for success derived for

its specific context which is made up of the correct allocation of various components of the

commission to contribute in successful achievement of outcomes. This is shown in the

following diagram.

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5. SCOPE OF WORK

The output expected includes the items listed below; the information gathered is required to be documented from various viewpoints for various organisational units as described.

1. Reviewed Organisational Structure

2. Job Profiling (Job Descriptions, Minimum Requirements, Personality Traits)

3. Skills Audit & Report

4. Matching & Placement of current staff

5. Strategy on dealing with Excess Staff (if any)

6. HR policies & procedures

7. Recommended Intervention/Implementation Strategy

CAPABILITY MAP:

The service provider must provide a capability map that shows the capabilities required by the organisation to fully deliver on its mandate; where appropriate, each of the listed capabilities to be provided must be looked at in an all –encompassing view in terms of the maturity of the criteria listed below;

The policy, legal and regulatory framework Business modelling and the value proposition of the organisation Strategic objectives and leadership within the organisation Structures, both internal and external Business systems and processes Culture and values

The maturity should be assessed in terms of the following key performance areas

Goals

Commitment

Ability

Measurement

Verification

The key performance areas should be assessed in the following scales

Initial – This stage lays the foundation, when the organisation is getting a feel of the component and finding its feet with an idea and a purpose.

Building – Here, the organisation is looking at building the set of competencies to a sustainable level

Sustainable – The organisation is seeking to continuously prove itself on the defined domains and accomplish more. Additional work is required to make it more efficient.

Growing – the organisation is delivering consistently, it can further consolidate its position and add additional value by making strategic changes.

Expanding – the organisation has found ways to delivery above and beyond the expectations of the stakeholders and is finding innovative ways of delivery.

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CAPACITY REPORT:

In terms of the capabilities required to deliver on the Commission’s mandate the following must be reviewed for adequacy;

Human resources (incl. organogram) Resources (financial, technology, facilities, and others)

SWOT REPORT

The organisation’s strengths, weaknesses, opportunities and threats are already identified during the strategic planning session and due consideration must be made in recommending any interventions.

GAP ANALSIS & FUTURE STATE REPORT

A report is to be provided of what the Commission is currently doing with respect to the expected outputs in terms of the mandate, regulations and Act and where it wants to go in the future.

Information gathered through various work packages will be used, the areas of the GAP analysis report should include

1. Organisation 2. How the regulatory framework should and will support delivery on the mandate 3. Business processes 4. Information technology

RE-STRUCTURE

The current structure of the Commission must be reviewed and updated in the appropriate manner. This process shall involve a rigorous description of the structure of the commission, its decomposition into subsystems, the relationships between the subsystems, the relationships with the external environment, the terminology to use, and the guiding principles for the design and evolution of an organisation.

This description is comprehensive, including commission goals, business functions, business process, roles, organisational structures, business information, principles, software applications and computer systems.

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RECOMMENDED INTERVENTION STRATEGY

A report and recommendation with accurate and achievable intervention strategies in accordance with the findings of other work packages should be presented with a risk register for the interventions and key milestones that can be used to measure the successfulness during the implementation.

6. ACCOUNTABILITY

The service provider will be accountable to and under the direction of the responsible manager/s as scheduled below in the performance of duties:

Contract Manager – overall responsible for administration of the contract

Chief Executive Officer

Work Component Responsible Manager

All Chief Executive Officer

7. ASSIGNMENT COST & PAYMENT

Payment will be made on a fixed price basis per deliverable within 14 days of receipt of invoice after initial delivery of a report/s (prior to management comments).

The CRL Rights Commission has in place developed or partially developed some of the outputs or deliverables; these will be required to be reviewed and in the event they will reduce costs associated with the delivery of the requirements they should be used as appropriate.

8. TIMEFRAME

The timeframe for each deliverable will be determined through the initial consultation with the service provider, the estimated figures and dates are set down in Table 2 below.

9. MILESTONE COST SCHEDULE

Table 2 Work components, Deliverables, Completion Dates and Cost

Assignment: Provision of a Capacity and Capability Review to the CRL Rights Commission

Cost

Project Management @ 20%

Disbursements @ 10%

Approximate Project Budget

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Work Component Deliverables Completion Date per

Deliverable

Estimated cost per Deliverable

Estimated subtotal per deliverable

Capability Map Analysis and Review of the following: The policy, legal and regulatory framework Business modelling and the value proposition derived Strategic objectives and leadership within the

organisation Structures, both internal and External Business systems and processes

Culture and values

Enterprise Architecture

RESTRUCTURE Update and review current Organisational Structure/Architecture:

ANALYSIS of the legislative mandate of CRL Rights Commission;

Guiding principles for the design and evolution of CRL

Rigorous description of the structure of the Commission;

Decomposition into subsystems/programmes;

Alignment of the structure (relationships between the subsystems and with the external environment)

This description is comprehensive, including commission goals, business functions, business process, roles, organisational structures, business information, principles, software applications and computer systems.

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Work Component Deliverables Completion Date per Deliverable

Estimated cost per Deliverable

Estimated subtotal per deliverable

GAP analysis & Future state report (incl SWOT Report

GAP ANALYSIS & FUTURE STATE REPORT A report is to be provided of what the business is currently doing with respect to the expected outputs in terms of the mandate, regulations and Act and where it wants to go in the future. GAP Analysis Report should include an analysis of the following:

1. Organisation 2. Regulatory framework 3. Business processes 4. Information technology

Recommended Intervention Strategy

RECOMMENDED INTERVENTION STRATEGY A report with specific recommendations, accurate, achievable interventions and strategies in accordance with the findings of other work packages presented with a risk register for the interventions and key milestones.

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10. GENERAL CONDITIONS OF THIS TENDER

Responses to this bid must be submitted with all official Bid Forms duly completed which are contained within this tender document.

This tender document, together with associated compulsory forms and annexures, may not be retyped or re-drafted, but photocopies or reprints may be prepared and used.

No bid documents received by facsimile, e-mail or any other similar medium will be considered.

Bids must be delivered to the correct address/ location which is indicated in this tender document, and must be delivered timeously, as late bid submissions will not be accepted for consideration. Bid documents will only be considered if received by the CRL Rights Commission before the closing date and time, regardless of the method used to send or deliver such documents to the CRL Rights Commission.

All current and prospective suppliers/ service providers are required to register on the National Treasury CSD prior to submitting bids. – Self-registration: www.csd.gov.za. Enquiries may be directed to csd@treasury.gov.za. Suppliers registered on the CSD must submit proof of registration to the CRL Rights Commission.

The bidder/s are required to submit two (2) original, sealed, clearly marked envelopes. One (1) envelope for technical information and another envelope for price and B-BBEE.

Only original tender document responses will be accepted. No copies will be accepted.

The Standard Bidding Documents (SBD) contained in this bid are compulsory documents and must be completed, signed and returned with this bid proposal. Failure to submit completed and signed SBD documents may invalidate the tender proposal.

Should the bidder desire to make any departures from, or modifications to this tender/ bid or to qualify its bid in any way, it shall clearly set out its tender departure/ modification as an Annexure, or alternatively state the content in a covering letter attached to the tender proposal referred to herein. Unless otherwise specified and stipulated in writing, any part of the bidder’s bid which deviates from any terms and conditions stated within the tender document, shall be of no force or effect.

This tender document, together with compulsory forms should be filled in with black ink.

Bidders should check the numbers of the pages of the tender document and satisfy themselves that none are missing or duplicated. No liability shall be accepted in regard to claims arising from the fact that pages are missing or duplicated.

The tender price must be valid for acceptance for a period of 30 calendar days after the closing date of the tender. All prices must be quoted in South African Rands and be inclusive of all costs and applicable taxes (inclusive of Value Added Tax (VAT) etc.).

A detailed price break-down must be provided to support the Price Declaration of this tender, as set out on page 26 and 27 of this document.

Only firm prices will be accepted for the full duration of the projects.

Failure to have the Price Declaration of this tender document completed and signed, by a duly authorized person, will constitute non-commitment by the bidder, and the bid may be invalidated.

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The CRL Rights Commission reserves the right to only accept part of the submitted bid by a Bidder.

The CRL Rights Commission reserves the right to withdraw this tender at any stage prior to the appointment of the preferred supplier.

The CRL Rights Commission reserves the right to accept or reject any tender proposal.

The CRL Rights Commission reserves the right to conduct supplier due diligence tests prior to final award or at any time during the contract period. This may include vetting by the State Security Agency, site visits and requests for additional information. Vetting by the State Security Agency will extend to the bidder/s, employees of the bidder/s and sub-contractors appointed by the bidder/s

The Bidder’s company letterhead must be used for the proposal’s cover letter and reflect the company name, address, contact details and company registration number.

All pages of the proposal must be initialed by the responsible person.

These General Conditions of this Tender form part of, and must be read in conjunction with, the attached National Treasury General Conditions of Contract (GCC). The GCC must be returned with this RFP/T initialed on each page.

The award of the bid may be subjected to price negotiations with the preferred Bidder(s).

The successful bidder will be required to sign a written contract.

11. EVALUATION OF THE TENDER PROPOSAL

The bidder/s are required to submit original copies of each file (one (1) technical/functionality file and one (1) original Price & BBBEE file by the closing date. The content of each file must be marked correctly and sealed separately for ease of reference during the evaluation process. Furthermore, the file must be labelled and submitted in the following format:

FILE 1 (TECHNICAL FILE) FILE 2 (PRICE & BBBEE)

Pre-qualification documents (refer to Table 1) Pricing Schedule SBD 3.1 & 3.3 Detailed Price Schedule in support of price declared on page 26 and 27 i.e anextures (if any ).

Technical Responses and supporting documents.

Bidders are requested to initial each page of the tender document on the bottom right hand corner

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9.1 EVALUATION AND SELECTION CRITERIA

CRL Rights Commission has set minimum standards that a bidder needs to meet in order to be evaluated and selected as a successful bidder. The minimum standards consist of the following:

Pre-qualification Criteria

Technical Evaluation

Criteria

Price and B-BBEE Evaluation

Bidders must submit all documents as

outlined in Table 1 below.

Only bidders that comply with ALL

these criteria will proceed to

Technical Evaluation Criteria.

Bidder(s) are required to

achieve a minimum of 65

points out of 100 points

to proceed to Price and

BBBEE Evaluation.

Bidder(s) will be evaluated out of

100 points and Price and B-

BBEE Evaluation will only apply

to bidder(s) who have met and

exceeded the threshold of 65

points.

a) Pre-qualification Criteria

Without limiting the generality of the CRL Rights Commission’s other critical requirements for this Bid, bidder(s) must submit the documents listed in Table 1 below. All documents must be completed and signed by the duly authorised representative of the prospective bidder(s). During this phase Bidders’ responses will be evaluated based on compliance with the listed administration and mandatory bid requirements. The bidder(s) proposal may be disqualified for non-submission if any of the documents are omitted.

Table 1: Documents that must be submitted for Pre-qualification

Document that must be submitted Non-submission may result in disqualification?

Invitation to Bid – SBD 1 YES Complete and sign the supplied pro forma document

Tax Compliance Requirements i.e Tax Verification Status Report

YES i. Please refer to page 5 paragraph 2 under Tax

Compliance Requirements of this document

ii. Written confirmation that SARS may on an ongoing

basis during the tenure of the contract disclose the

bidder’s tax compliance status.

iii. Proof of Registration on the Central Supplier Database

iv. In the event where the Bidder submits a hard copy of

the Tax Clearance Certificate, Tax Verification Status

Report, the CSD verification outcome will take

precedence.

Declaration of Interest – SBD 4 YES Complete and sign the supplied pro forma document

Preference Point Claim Form – SBD

6.1

NO Non-submission will lead to a zero (0) score on BBBEE

Declaration of Bidder’s Past Supply

Chain Management Practices – SBD 8

YES Complete and sign the supplied pro forma document

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Certificate of Independent Bid

Determination – SBD 9

YES Complete and sign the supplied pro forma document

Pricing Declaration by the Bidder

form (refer page 26-27)

SBD 3.1 & SBD 3.3

YES Pricing Schedule completed & signed

Detailed Price Schedule in support of Declared Price in a

separate sealed envelope

Registration on Central Supplier

Database (CSD

NO The Company must be registered as a service provider on

the Central Supplier Database (CSD). If you are not

registered proceed to complete the registration of your

company prior to submitting your proposal. Visit

https://secure.csd.gov.za/ to obtain your vendor number.

Submit proof of registration.

Company Profile

Certified copies of your CIPC

company registration

documents, listing all

members with percentages, in

case of a close

corporation/share certificates

in case of a company

Any other supplementary

documents

YES Documents to be submitted

Contract Form – Rendering Services

SBD 7.2 part 1 & part 2 (page 34, 35

& 36)

YES Initialed on each page .

The preferred supplier and the CRL Rights Commission

will sign these documents (examples)

General Conditions of Contract

YES National Treasury General Conditions of Contract

initialled on each page

b) Technical Evaluation Criteria

All bidders are required and /must ensure that they are responsive to the requirements as stated in the Terms of Reference, Scope of work and Evaluation Criteria above.

Only Bidders that have met the Pre-Qualification Criteria will be evaluated further for functionality.

The overall combined score for Technical /Functionality evaluation is 100 points.

The following criteria will be used to evaluate all bids that scored a minimum of sixty five percent (65%) on Functional Criteria.

To prove their expertise and past experience, all bidders are expected to include 5 reports with contactable references from their past projects that demonstrate the following technical/functional criteria

Bids will be evaluated on Technical /Functional Criteria as follows:

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Values: 1 = Poor; 2 = Average; 3 = Good; 4 = Very Good; 5 = Excellent

FUNCTIONAL EXPERTISE & EXPERIENCE CRITERIA Points

Allocation

Value Score

1. Organisational Structure review 10

2.

Job Profiling 10

3.

Skills audit report 10

4. Matching & Placement of current staff

10

5. Strategy on dealing with excess staff (if any)

10

6. HR policies & procedures

10

7. Recommended intervention/implementation

strategy

10

8. Methodology should show:

Planning

Analysis

Quality control & Deliverables

30

Total Points 100 Points

Stipulated Minimum Threshold 65 points

c) Price and BBBEE Evaluation (80+20) = 100 points

Only Bidders that have met the 65 point threshold in Technical/Functional Evaluation Criteria will be evaluated further for price and BBBEE.

In terms of regulation 6 of the Preferential Procurement Regulations pertaining to the Preferential Procurement Policy Framework Act, 2000 (Act 5 of 2000), responsive bids will be adjudicated on the 80/20-preference point system in terms of which points are awarded to bidders on the basis of:

- The bid price (maximum 80 points)

- B-BBEE status level of contributor (maximum 20 points)

Price and BBBEE will be evaluated as follows:

i. Stage 1 – Price Evaluation (80 Points)

The following formula will be used to calculate the points for price:

Criteria Points

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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

ii. Stage 2 – BBBEE Evaluation (20 Points)

BBBEE Points allocation

A maximum of 20 points may be allocated to a bidder for attaining their B-BBEE status level of

contributor in accordance with the table below:

B-BBEE Status Level of

Contributor Number of Points

1 20

2 18

3 14

4 12

5 8

6 6

7 4

8 2

Non-compliant contributor 0

B-BBEE points may be allocated to bidders on submission of the following documentation or

evidence:

- A duly completed Preference Point Claim Form: Standard Bidding Document (SBD 6.1); and - B-BBEE Certificate

a. Joint Ventures, Consortiums and Trusts

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.

Price Evaluation

Ps =80

min

min1

P

PPt

80

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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.

Bidders must submit concrete proof of the existence of joint ventures and/or consortium arrangements. CRL Rights Commission will accept signed agreements as acceptable proof of the existence of a joint venture and/or consortium arrangement.

The joint venture and/or consortium agreements must clearly set out the roles and responsibilities of the Lead Partner and the joint venture and/or consortium party. The agreement must also clearly identify the Lead Partner, who shall be given the power of attorney to bind the other party/parties in respect of matters pertaining to the joint venture and/or consortium arrangement.

b. Sub-contracting

Bidders/ tenderers who want to claim Preference points will have to comply fully with regulations 11(8) and 11(9) of the PPPFA Act with regard to sub-contracting.

The following is an extract from the PPPFA Act:

11(8) “A person must not be awarded points for B-BBEE status level if it is indicated in the tender documents that such a tenderer intends sub- contracting more than 25% of the value of the contract to any other enterprise that does not qualify for at least the points that such a tenderer qualifies for, unless the intended sub-contractor is an EME that has the capability and ability to execute the sub-contract.”

11(9) “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.”

iii. Stage 3 (80 + 20 = 100 points)

The Price and BBBEE points will be consolidated to get the Total points.

12. COMPULSORY TENDER FORMS FOR COMPLETION BY THE BIDDER

Standard Bidding Forms (SBDs) need to be completed by all bidders and must be read in conjunction with the instructions as contained in this bid document. Particularly bidders are referred to Table 1 of this document.

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SBD 3.1

PRICING SCHEDULE – FIRM PRICES (PURCHASES)

NOTE: ONLY FIRM PRICES WILL BE ACCEPTED. NON-FIRM PRICES (INCLUDING PRICES SUBJECT TO RATES OF EXCHANGE VARIATIONS) WILL NOT BE CONSIDERED

Name of bidder……………………………… Bid number CRL 01/2020.

Closing Time 11h00 Closing date 07/02/2020

OFFER TO BE VALID FOR 90 DAYS FROM THE CLOSING DATE OF BID.

__________________________________________________________________________ DESCRIPTION BID PRICE IN RSA CURRENCY ** (ALL APPLICABLE TAXES INCLUDED)

- Required by: ………………………………….

- At: ………………………………….

- Does the offer comply with the specification(s)? *YES/NO - If not to specification, indicate deviation(s)………………………………….......................................

Note: All costs must be included in the bid price. ** “all applicable taxes” includes value- added tax, pay as you earn, income tax, unemployment insurance fund contributions and skills development levies.

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SBD 3.3

PRICING SCHEDULE

(Professional Services)

1. The accompanying information must be used for the formulation of proposals, taking note of the scope of work as per paragraph 5 above.

2. Bidders are required to indicate a ceiling price based on the total estimated time for completion of all phases and including all expenses inclusive of all applicable taxes for the project. R………..…………...

3. .PHASES ACCORDING TO WHICH THE PROJECT WILL BECOMPLETED, COST PER PHASE AND MAN-DAYS TO BE SPENT

-------------------------------------------------- R----------------------------------- days---------------------------

-------------------------------------------------- R---------------------------------- days----------------------------

-------------------------------------------------- R---------------------------------- days---------------------------

-------------------------------------------------- R---------------------------------- days---------------------------

-------------------------------------------------- R----------------------------------- days----------------------------

4. Period required for commencement with project after acceptance of bid……………………….

7 Are the rates quoted firm for the full period of the project? *YES/NO

8. If not firm for the full period, provide details of the basis on which adjustments will be applied …….………………………………………………………………………………………………………… ………………………………………………………………................................................................

** ”all applicable taxes” includes value- added tax, pay as you earn, income tax, unemployment insurance fund contributions and skills development levies.

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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 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, shareholder²): ……………………………………..

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.

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.

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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?

2.8.1 If so, furnish particulars: …………………………………………………………………..

…………………………………………………………………..

…………………………………………………………………...

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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 Reference Number

State Employee 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

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SBD 6.1

PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT REGULATIONS 2017

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, 2017.

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 R50 000 000 (all applicable taxes included); and

- the 90/10 system for requirements with a Rand value above R50 000 000 (all applicable taxes included).

1.2 a) The value of this bid is estimated to not exceed R50 000 000 (all applicable taxes included)

and therefore the 80/20 preference point system shall be applicable; or

1.3 Points for this bid shall be awarded for:

(a) Price; and (b) B-BBEE Status Level of Contributor.

1.4 The maximum points for this bid are allocated as follows:

POINTS

PRICE 80

B-BBEE STATUS LEVEL OF CONTRIBUTOR 20

Total points for Price and B-BBEE must not exceed

100

1.5 Failure on the part of a bidder to submit proof of B-BBEE Status level of contributor 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) “B-BBEE” means broad-based black economic empowerment as defined in section 1 of

the Broad-Based Black Economic Empowerment Act; (b) “B-BBEE status level of contributor” means the B-BBEE status of an entity in terms of

a code of good practice on black economic empowerment, issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act;

(c) “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 goods or services, through price quotations, advertised competitive bidding processes or proposals;

(d) “Broad-Based Black Economic Empowerment Act” means the Broad-Based Black

32 | P a g e

Economic Empowerment Act, 2003 (Act No. 53 of 2003); (e) “EME” means an Exempted Micro Enterprise in terms of a code of good practice on

black economic empowerment issued in terms of section 9 (1) of the Broad-Based Black Economic Empowerment Act;

(f) “functionality” means the ability of a tenderer to provide goods or services in accordance with specifications as set out in the tender documents.

(g) “prices” includes all applicable taxes less all unconditional discounts; (h) “proof of B-BBEE status level of contributor” means:

1) B-BBEE Status level certificate issued by an authorized body or person; 2) A sworn affidavit as prescribed by the B-BBEE Codes of Good Practice; 3) Any other requirement prescribed in terms of the B-BBEE Act;

(i) “QSE” means a qualifying small business enterprise in terms of a code of good practice on black economic empowerment issued in terms of section 9 (1) of the Broad-Based Black Economic Empowerment Act;

(j) “rand value” means the total estimated value of a contract in Rand, calculated at the time of bid invitation, and includes all applicable taxes;

3. POINTS AWARDED FOR PRICE 3.1 THE 80/20 OR 90/10 PREFERENCE POINT SYSTEMS A maximum of 80 points is allocated for price on the following basis: 80/20

min

min180

P

PPtPs

Where

Ps = Points scored for price of bid under consideration

Pt = Price of bid under consideration

Pmin = Price of lowest acceptable bid

4. POINTS AWARDED FOR B-BBEE STATUS LEVEL OF CONTRIBUTOR 4.1 In terms of Regulation 6 (2) and 7 (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

(80/20 system)

1 20

2 18

3 14

4 12

5 8

6 6

7 4

8 2

Non-compliant contributor 0

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5. BID DECLARATION 5.1 Bidders who claim points in respect of B-BBEE Status Level of Contribution must complete

the following: 6. B-BBEE STATUS LEVEL OF CONTRIBUTOR CLAIMED IN TERMS OF PARAGRAPHS

1.4 AND 4.1 6.1 B-BBEE Status Level of Contributor: . = ………(maximum of 20 points)

(Points claimed in respect of paragraph 7.1 must be in accordance with the table reflected in paragraph 4.1 and must be substantiated by relevant proof of B-BBEE status level of contributor.

7. SUB-CONTRACTING 7.1 Will any portion of the contract be sub-contracted?

(Tick applicable box)

YES NO

7.1.1 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 or QSE

(Tick applicable box)

YES NO

v) Specify, by ticking the appropriate box, if subcontracting with an enterprise in terms of Preferential Procurement Regulations,2017:

Designated Group: An EME or QSE which is at last 51% owned by: EME

√ QSE

√

Black people

Black people who are youth

Black people who are women

Black people with disabilities

Black people living in rural or underdeveloped areas or townships

Cooperative owned by black people

Black people who are military veterans

OR

Any EME

Any QSE

8. DECLARATION WITH REGARD TO COMPANY/FIRM 8.1 Name of company/firm:…………………………………………………………………………….

8.2 VAT registration number:……………………………………….…………………………………

8.3 Company registration number:…………….……………………….…………………………….

8.4 TYPE OF COMPANY/ FIRM

Partnership/Joint Venture / Consortium

One person business/sole propriety

Close corporation

Company

(Pty) Limited [TICK APPLICABLE BOX]

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8.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES

…………………………………………………………………………………………………………

…………………………………………………………………………………………………………

…………………………………………………………………………………………………………

…………………………………………………………………………………………..

8.6 COMPANY CLASSIFICATION

Manufacturer

Supplier

Professional service provider

Other service providers, e.g. transporter, etc. [TICK APPLICABLE BOX]

8.7 Total number of years the company/firm has been in business:……………………………

8.8 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 contributor indicated in

paragraphs 1.4 and 6.1 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

paragraphs 1.4 and 6.1, 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 contributor 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) recommend that the bidder or contractor, its shareholders and directors, or only the shareholders and directors who acted on a fraudulent basis, be restricted by the National Treasury from obtaining business from any organ of state for a period not exceeding 10 years, after the audi alteram partem (hear the other side) rule has been applied; and

(e) forward the matter for criminal prosecution.

SBD 7.2

SBD 8

……………………………………….

SIGNATURE(S) OF BIDDERS(S)

DATE: …………………………………..

ADDRESS …………………………………..

…………………………………..

…………………………………..

WITNESSES

1. ……………………………………..

2. …………………………………….

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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 of Restricted Suppliers as companies or persons prohibited from doing business with the public sector?

(Companies or persons who are listed on this Database were formed

in writing of this restriction by the Accounting Officer/Authority of

the institution that imposed the restriction after the audi alteram

partem rule was applied).

The Database of Restricted Suppliers now resides on the National Treasury’s website(www.treasury.gov.za) and can be accessed by clicking on its link at the bottom of the home page.

Yes

No

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 terms of section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004)?

The Register for Tender Defaulters can be accessed on the National Treasury’s website (www.treasury.gov.za) by clicking on its link at the bottom of the home page.

Yes

No

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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 court outside of the Republic of South Africa) for fraud or corruption during the past five years?

Yes

No

4.3.1 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

4.4.1 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 Date

………………………………………. ...........…………………………..

Position Name of Bidder

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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:

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)

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do hereby make the following statements that I certify to be true and complete in every respect:

I certify, on behalf of:_________________________________________________that:

(Name of Bidder)

1. I have read and I understand the contents of this Certificate;

2. I understand that the accompanying bid will be disqualified if this Certificate is found not to be

true and complete in every respect;

3. I am authorized by the bidder to sign this Certificate, and to submit the accompanying bid, on

behalf of the bidder;

4. Each person whose signature appears on the accompanying bid has been authorized by the

bidder to determine the terms of, and to sign the bid, on behalf of the bidder;

5. For the purposes of this Certificate and the accompanying bid, I understand that the word

“competitor” shall include any individual or organization, other than the bidder, whether or not

affiliated with the bidder, who:

(a) has been requested to submit a bid in response to this bid invitation;

(b) could potentially submit a bid in response to this bid invitation, based on their

qualifications, abilities or experience; and

(c) provides the same goods and services as the bidder and/or is in the same line

of business as the bidder

6. The bidder has arrived at the accompanying bid independently from, and without consultation,

communication, agreement or arrangement with any competitor. However communication

between partners in a joint venture or consortium³ will not be construed as collusive bidding.

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.

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9. The terms of the accompanying bid have not been, and will not be, disclosed by the bidder,

directly or indirectly, to any competitor, prior to the date and time of the official bid opening or

of the awarding of the contract.

10. I am aware that, in addition and without prejudice to any other remedy provided to combat

any restrictive practices related to bids and contracts, bids that are suspicious will be reported

to the Competition Commission for investigation and possible imposition of administrative

penalties in terms of section 59 of the Competition Act No 89 of 1998 and or may be reported

to the National Prosecuting Authority (NPA) for criminal investigation and or may be restricted

from conducting business with the public sector for a period not exceeding ten (10) years in

terms of the Prevention and Combating of Corrupt Activities Act No 12 of 2004 or any other

applicable legislation.

………………………………………………… …………………………………

Signature Date

………………………………………………. …………………………………

Position Name of Bidder

¹ Includes price quotations, advertised competitive bids, limited bids and proposals.

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.

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.

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SBD 7.2

CONTRACT FORM - RENDERING OF SERVICES

THIS FORM MUST BE FILLED IN DUPLICATE BY BOTH THE SERVICE PROVIDER (PART 1) AND THE PURCHASER (PART 2). BOTH FORMS MUST BE SIGNED IN THE ORIGINAL SO THAT THE SERVICE PROVIDER AND THE PURCHASER WOULD BE IN POSSESSION OF ORIGINALLY SIGNED CONTRACTS FOR THEIR RESPECTIVE RECORDS.

PART 1 (TO BE FILLED IN BY THE SERVICE PROVIDER)

1. I hereby undertake to render services described in the attached bidding documents to (name of the institution)……………………………………. in accordance with the requirements and task directives / proposals specifications stipulated in Bid Number………….……….. at the price/s quoted. My offer/s remain binding upon me and open for acceptance by the Purchaser during the validity period indicated and calculated from the closing date of the bid .

2. The following documents shall be deemed to form and be read and construed as part of this agreement:

(i) Bidding documents, viz - Invitation to bid; - Tax clearance certificate; - Pricing schedule(s); - Filled in task directive/proposal; - Preference claims for Broad Based Black Economic Empowerment Status

Level of Contribution in terms of the Preferential Procurement Regulations 2011;

- Declaration of interest; - Declaration of bidder’s past SCM practices; - Certificate of Independent Bid Determination; - Special Conditions of Contract;

(ii) General Conditions of Contract; and (iii) Other (specify)

3. I confirm that I have satisfied myself as to the correctness and validity of my bid; that the price(s) and rate(s) quoted cover all the services specified in the bidding documents; that the price(s) and rate(s) cover all my obligations and I accept that any mistakes regarding price(s) and rate(s) and calculations will be at my own risk.

4. I accept full responsibility for the proper execution and fulfilment of all obligations and conditions devolving on me under this agreement as the principal liable for the due fulfilment of this contract.

5. I declare that I have no participation in any collusive practices with any bidder or any other person regarding this or any other bid.

6. I confirm that I am duly authorised to sign this contract.

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NAME (PRINT) ……………………………………..

CAPACITY ………..…………………………….

SIGNATURE ………….…………………………….

NAME OF FIRM …………………………………….

DATE …………………………….

WITNESSES

1 …….…………………………….

2 ……….………………………….

DATE: ……………………………..

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SBD 7.2

CONTRACT FORM - RENDERING OF SERVICES

PART 2 (TO BE FILLED IN BY THE PURCHASER)

1. I……………………………………………. in my capacity as……………...……………………….. accept your bid under reference number ………………dated………………………for the rendering of services indicated hereunder and/or further specified in the annexure(s).

2. An official order indicating service delivery instructions is forthcoming.

3. I undertake to make payment for the services rendered in accordance with the terms and conditions of the contract, within 30 (thirty) days after receipt of an invoice.

4. I confirm that I am duly authorised to sign this contract.

SIGNED AT ………………………………………ON………………………………..

NAME (PRINT) ………………………………………….

SIGNATURE …………………………………………

OFFICIAL STAMP

DESCRIPTION OF

SERVICE

PRICE (ALL APPLICABLE TAXES INCLUDED)

COMPLETION DATE

B-BBEE STATUS LEVEL OF CONTRIBUTION

MINIMUM THRESHOLD FOR LOCAL PRODUCTION AND CONTENT (if applicable)

WITNESSES

1 ….…………………………….

2 …..…………………………….

DATE: ……………………………..

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