terms of reference - saasta for interest or...page 1 of 9 invitation to proposal you are hereby...

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INVITATION TO PROPOSAL

YOU ARE HEREBY INVITED TO SUBMIT PROPOSALS FOR THE REQUIREMENTS OF THE NATIONAL

RESEARCH FOUNDATION / SAASTA

Bid Ref #: NRF/SAASTA 05/2013-14 Closing Date: 22 May 2013 Closing Time: 11:00

TO APPOINT A SERVICE PROVIDER(S) TO OFFER A TWO DAY TRAINING COURSE TO THE VOLUNTEERS IN THE NATIONAL YOUTH STRATEGY PROGRAMME ON

BASIC MS PROJECT SKILLS

TERMS OF REFERENCE

1. Introduction

The South African Agency for Science and Technology (SAASTA) is a business unit of the National Research

Foundation (NRF / SAASTA) with the mandate to advance public awareness, appreciation and engagement of

science, engineering and technology (SET) in South Africa. The NRF / SAASTA is the government’s national agency

responsible for promoting and supporting research and development of high-level skills in all fields of humanities,

social and natural science engineering and technology.

The National Research Foundation (“NRF / SAASTA”) is a juristic person established in terms of section 2 of the

National Research Foundation Act, Act 23 of 1998. The NRF / SAASTA is a Schedule 3A entity in terms of the Public

Finance and Management Act of 1999 (Act 1 of 1999 as amended by Act 29 of 2000).

2. Background

The Department of Science and Technology (DST) is implementing the National Youth Service (NYS) Programme

through NRF / SAASTA.

The NYS programme is an initiative of government to utilise youth potential in service delivery as well as contribute

towards youth development for effective participation in the mainstream economy. The programme provides young

South Africans with opportunities to serve their communities; learn from their duties; attend offered training

programmes and gain work experience.

DST, through NRF / SAASTA, places young Science, Engineering and Technology (SET) graduates between the

ages of 18 and 35, as volunteers in the NYS programme for a period not exceeding 12 months. Volunteers are

placed in SET organisations which implement activities that enhance the DST’s Youth into Science Strategy. These

organisations are located in all the provinces. The majority of these volunteers (more than 95%) entered the work

place and environment for the first time through this programme. Training therefore, forms an integral part of the DST

NYS programme. The terms of reference are thus based on the training aspect of the DST – NYS programme.

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3. Purpose of this Invitation

The overall objective is to appoint a service provider(s) to offer a training course on Basic MS Project Skills to these

volunteers. Training is to take place between June 2013 and September 2013.

4. Scope of Work

The contracted service provider(s) is (are) to offer training on Basic MS Project Skills to all volunteers in the NYS

programme. Logistics and administration of volunteers will be the responsibility of NRF / SAASTA.

5. Detail Specification

The DST-NYS volunteers are graduates in the Science, Engineering and Technology fields who are placed at

different organisations in all the provinces

The contracted service provider(s) is/are expected to provide training to all the volunteers within the NRF / SAASTA

programme and be able to adhere to the following points:

Computers for training purposes are to be supplied by the service provider as well as a

suitable venue to accommodate computers (plug points etc.).

Indicate whether a two day course can be provided covering Basic MS Project Skills.

Indicate whether they will be able to offer training on Basic MS Project Skills in the below

mentioned provinces with a maximum number of 35 volunteers per group.

1. GAUTENG - 3 Groups - maximum 35 volunteers per group

2. LIMPOPO - 1 Group – maximum 35 volunteers per group

3. EASTERN CAPE - 1 Group – maximum 35 volunteers per group

4. WESTERN CAPE - 1 Group – maximum 35 volunteers per group

5. KZN - 1 Group – maximum 35 volunteers per group

*Service providers who are not capable of doing training in the above mentioned provinces, but are

capable of centralising the training in one province are to quote for seven groups required for training

as per above specifications.

Provide a computer for each volunteer in the group for training purposes only.

Indicate whether the training can be conducted simultaneously in more than one province at a time.

Provide a quotation for a Basic MS Project Skills course based on the facilitation fees, course

materials, and certificates for each attending volunteer. Please note that NRF / SAASTA will be

liable for travel and accommodation logistics. Computers for training purposes are to be supplied

by the service provider as well as a suitable venue to accommodate computers (plug points etc.).

Service provider to provide the computers for the training sessions with the appropriate software.

Provide a course outline for the course proposed

Provide a (hard / electronic) copy of all materials to NRF / SAASTA

Provide proof of attendance of volunteers – i.e. attendance register for each course completed

Offer training by qualified staff – provide CV and track record of presenters

Indicate if any training course or part thereof will be outsourced to a third party, if so, third party

profile and terms and conditions between the provider and third party should be attached.

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Provide sufficient course material – hand-outs, learning aids etc. throughout the duration of the

course.

The maximum number of trainees per course to ensure quality training will not exceed 35 pax.

Indicate the number of facilitators required per group of trainees to ensure quality training.

6. Expected Outcome and Deliverables

The expected deliverables are:

Indicate if any training course or part thereof will be outsourced to a third party, if so, third party profile and

terms and conditions between the provider and third party to be attached.

Provide a course outline for the Basic MS Project Skills course proposed

Provide a (hard/electronic) copy of all material to NRF / SAASTA

Provide sufficient course material – hand-outs, learning aids etc., throughout the duration of the course.

Provide a computer per volunteer for training purposes and a suitable venue.

Provide a certificate of participation / completion for the course to each attending volunteer.

Provide register of attendance by volunteers for each course completed

Provide a CV of the presenter for each course.

High quality course designed/adapted to NRF / SAASTA specifications

Certificates issued to each candidate within one (1) week after completion of course (submit to NRF /

SAASTA who will distribute)

Provide NRF / SAASTA with evaluation /feedback on all attendees and presenters attending the course.

7. Bidder’s Qualifying Requirements

Kindly note that the onus is on the bidder to provide proof of the requirements

The contracted service provider will be expected to:

Service Provider to provide proof of Seta accreditation as a training service provider. If not

proof provided, will be disqualified.

Be in business for at least two (2) years

Have a sound industry track record and experience

Obtain a score of at least 75/100 under technicalities to be considered for scoring under price and

Broad-Based Black Economic Empowerment (B-BBEE) Status Level of Contribution.

Able to provide at least five (5) references from reputable companies for which training of at least

40 candidates were done in one sitting during the last two (2) years..

8. Levels of Service / Performance

The contracted service provider will work in collaboration with the relevant business unit of NRF / SAASTA.

The service provider will be expected to deal with any queries within 48 hours.

9. Contract Period and Payment Intervals

The contract will be signed for the period June 2013 to September 2013.

The NRF/ SAASTA requires that invoices are validated by the NRF/SAASTA party receiving the goods or services.

The NRF/SAASTA undertakes to pay valid invoices in full within thirty (30) days from the statement date for work

done to its satisfaction upon representation of a substantiated claim.

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10. Bid Pricing / Costing - General

Provide a quotation for the Basic MS Project Skills course based on the facilitation fees only, inclusive of all

materials pertaining to the course. i.e. hand-outs, manuals, stationery, certificates etc. Computers for training

purposes are to be supplied by the service provider as well as a suitable venue to accommodate computers (plug

points etc.). Note. NRF / SAASTA will be liable for the travel and accommodation logistics.

Price is fully inclusive of all costs: value added tax and other taxes.

Bid price in South African currency, foreign exchange risk is for the account of the bidder.

A full breakdown of costs, including detailed bill of materials, etc. must be provided.

Only bidders who can comply with the requirements of all project specifications (as per the costing schedule) will be

considered.

Any deviation from the framework must be approved by NRF / SAASTA in writing.

The NRF / SAASTA reserves the right to have any documentation submitted by the bidders inspected by another

technical body or organisation

The NRF / SAASTA reserve the right to call interviews / presentations with short-listed bidders before the final

selection is done.

The NRF / SAASTA reserve the right to withdraw and cancel the bid.

The NRF / SAASTA do not consider late bids.

The NRF / SAASTA reserve the right to award part of a bid and not the whole bid.

The NRF / SAASTA reserve the right to award a bid to more than one bidder.

The NRF / SAASTA reserve the right not to accept the lowest cost proposal. The NRF / SAASTA reserves the right

to award the bid based on demonstrated value for money (price/value comparable) even if it is not the lowest price.

The NRF / SAASTA expect the successful service provider to sign a general confidentiality agreement with the NRF /

SAASTA.

Delivery Timelines and payment

Sign off / acceptance of delivery.

No payment is made for outstanding deliverables. The NRF / SAASTA shall not pay for any unproductive or

duplicated time spent by the service provider.

11. Functional Evaluation of Proposals Received

This bid is evaluated on functionality and on price for those bidders that qualified under the functional evaluation.

To enable a fair and unbiased process, this bid’s evaluation requires two envelopes per each proposal submitted:

Stage 1 - Technical/Quality/Functionality Proposal (Envelope 1 - Technical) including bid administrative

requirements and accreditation of supplier requirements.

Stage 2 – Pricing (Envelope 2 - Price). Pricing evaluation followed by Preference scoring in accordance with the

2011 Preference Regulations

12. Qualifying Thresholds for Functional Evaluation

Bids scoring less than the minimum threshold 75% are marked as failed and are not considered in the next stage of

evaluation.

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13. Price Evaluation

All bidders qualifying are evaluated in terms of price. All bids are evaluated on a fair comparable basis with the

lowest priced bid being awarded the maximum price score.

14. Preference System

In terms of the PPPFA Regulations 2011, preference points are added to the price ranking score obtained from the

price evaluation.

The preference system used is the 80 (price):20 point system for bids under R 1 million including vat and the 90

(price):10 point system for bids exceeding R 1 million.

The allocation of preference points is according to the PPPFA Regulations 2011 utilising the B-BBEE Transformation

Levels as the award base.

15. Presentation of Proposal

If deemed necessary, short listed service providers may be requested to give a presentation of their bid proposal to

the Evaluation Committee.

The Evaluation Committee reserves the right to request evidential documentation to support any or all of the

technical criteria to enable it to evaluate the bidder’s competence and ability to deliver the scope of work in the Bid

Invitation document.

Such presentations may include proof of concept including the testing of the service provider’s expertise and

software utilising the NRF / SAASTA’s resources.

16. Technical / Functional Evaluation Scoring

Technical / Quality Evaluation Scoring scored on a rating scale of 0 to 5 with:

0 – Non-compliance, 1 – Poor, 2 – Average, 3 – Good, 4 – Very Good 5 – Excellent

The Total Technical Points Scored is the evaluations score per category multiplied by the weighting percentage for

the category. Total Technical Score is the sum of the categories expressed as a percentage. Each evaluator’s total

score percentage is aggregated and divided by the number of evaluators to establish an overall percentage mark.

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Evaluation Criteria for Technical / Functional Evaluation

NO. ELEMENT 0 1 2 3 4 5 WEIGHT SCORE

A) TECHNICAL 100

* Please note that only bidders scoring 75/100 and more will be evaluated further on price and preference

Is the bidder SETA accredited Yes/No

SCOPE OF WORK

Indicate capacity to undertake training in all

provinces 20%

Indicate the ability to undertake training

simultaneously in all provinces 10%

Provide a course outline for course proposed 15%

Indicate capacity to provide quality course

material, computers and venue as well as

tools in line with NRF / SAASTA

requirements

15%

TRACK RECORD

Provide a detailed company profile 5%

Indicate relevant facilitator qualifications and

experience per course 15%

Indicate relevant company experience and

track record per course 10%

Indicate company experience in undertaking

projects of a similar size/scope 10%

B) PRICE 100

C) B -BBEE STATUS LEVEL OF

CONTRIBUTION

20

1 18

2 16

3 12

4 8

5 6

6 4

7 2

8 0

Non-Compliant Contributor 0

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17. Documents Required

Envelope 1 – Functional / Technical Proposal

The following printed documents must accompany the bid documents in Envelope 1 for technical evaluation:

Proposal

Business Profile

Details on course proposed

Proven capacity of training

Track record

The names and contact details of a minimum of three contactable references.

Track record of delivery

PPPFA forms as attached – SBD 6.1 (form attached)

Proof of SETA accreditation

Declaration of interest – SBD 4 (form attached)

Declaration of service providers past supply chain management practices – SBD 8 (form

attached)

Competitive declaration SBD 9 (form attached)

An up to date and original tax clearance certificate

Cancelled Business Account Cheque

B-BBEE Status level of contribution Certificate

Envelope 2 – Tender Price

The following printed documents must accompany the bid documents in envelope 2 for pricing evaluation:

ONE original document plus FIVE complete copies of the tender document

A detailed price schedule.

The cost schedules must clearly stipulate costs by type and breakdown together with all the relevant

assumptions and information as outlined in this bid invitation.

18. General Conditions

NRF / SAASTA has the right to inspect course content prior to awarding bid

NRF / SAASTA has the right to decide on the final number of courses to be done (time and budget

allowing)

NRF / SAASTA has the right to determine the sequence of the courses in collaboration with the successful

bidder

NRF / SAASTA have the right to have any documentation submitted by the bidders inspected by another

technical body or organisation.

NRF / SAASTA and DST staff reserve the right to attend and monitor any of these courses at any time

NRF / SAASTA have the right to call interviews/ presentations/ pitching sessions with short-listed bidders

before the final selection is done.

Only bidders who can comply with the training requirements of all training specifications (as per the

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costing schedule) will be considered.

NRF / SAASTA is not be liable for any cost incurred by a service provider in the process of responding to

this bid, including on-site presentations and the proposal a service provider may make and/or submit.

NRF / SAASTA have the right to withdraw and cancel the bid.

NRF / SAASTA do not consider late bids.

Any effort by a bidder to influence bid evaluation, bid comparisons or bid award decisions in any manner,

may result in rejection of the bid concerned.

The successful bidder is informed through a written letter of acceptance as well as an order form.

NRF / SAASTA accept the lowest cost proposal after all price proposals have been compared on an equal

comparison basis which is fair and equal amongst qualifying bidders. NRF / SAASTA has the right to

award the bid based on demonstrated value for money, defined as price proposed divided by determined

value received.

19. Intellectual Property

All the information contained in this document is intended solely for the purposes of assisting bidders to

prepare their bids. Any use of the information contained herein for other purpose than those stated in this

document is prohibited.

The ownership and intellectual property rights of all designs, specifications, programming code and all

other documentation provided by NRF / SAASTA to the bidder, both successful and unsuccessful,

remains the property of NRF / SAASTA.

20. Closing Date of Bid

The closing time and date of the bid is 11:00 22 May 2013.

Bids to be delivered physically or couriered to SAASTA.

Postal address:

Attention: Ms E Taljaard – National Project Coordinator SAASTA PO Box 1758 Pretoria South Africa 0001 Physical address: Attention: Ms E Taljaard – National Project Coordinator SAASTA Didacta Building 211 Nana Sita Street, (Formerly Skinner Street) Pretoria, South Africa

21. Contact Details

Should the prospective bidders require clarification on this bid, or require any further explanation regarding the

requirements, the following contact shall apply:

Ms E Taljaard

(012) 392-9300 - 09:00 – 15:30

1

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 anagreement between, or concerted practice by, firms, or a decision by an association offirms, 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 bejustified under any grounds.

3 Treasury Regulation 16A9 prescribes that accounting officers and accounting authoritiesmust take all reasonable steps to prevent abuse of the supply chain managementsystem and authorizes accounting officers and accounting authorities to:

a. disregard the bid of any bidder if that bidder, or any of its directors have abusedthe institution’s supply chain management system and or committed fraud or anyother improper conduct in relation to such system.

b. cancel a contract awarded to a supplier of goods and services if the suppliercommitted any corrupt or fraudulent act during the bidding process or theexecution of that contract.

4 This SBD serves as a certificate of declaration that would be used by institutions toensure that, when bids are considered, reasonable steps are taken to prevent any formof bid-rigging.

5 In order to give effect to the above, the attached Certificate of Bid Determination (SBD 9)must be completed and submitted with the bid:

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

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.

2

SBD 9

CERTIFICATE OF INDEPENDENT BID DETERMINATION

I, the undersigned, in submitting the accompanying bid:

______________________________________________________________________

(Bid Number and Description)

in response to the invitation for the bid made by:

NATIONAL RESEARCH FOUNDATION

(Name of Institution)

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

I certify, on behalf

of:_______________________________________________________that:

(Name of Bidder)

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

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

to be true and complete in every respect;

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

bid, on behalf of the bidder;

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

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

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

word “competitor” shall include any individual or organization, other than the bidder,

whether or not affiliated with the bidder, who:

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

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

their qualifications, abilities or experience; and

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

line of business as the bidder

3

SBD 9

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

consultation, communication, agreement or arrangement with any competitor. However

communication between partners in a joint venture or consortium³ will not be construed

as collusive bidding.

7. In particular, without limiting the generality of paragraphs 6 above, there has been no

consultation, communication, agreement or arrangement with any competitor regarding:

(a) prices;

(b) geographical area where product or service will be rendered (market

allocation)

(c) methods, factors or formulas used to calculate prices;

(d) the intention or decision to submit or not to submit, a bid;

(e) the submission of a bid which does not meet the specifications and

conditions of the bid; or

(f) bidding with the intention not to win the bid.

8. In addition, there have been no consultations, communications, agreements or

arrangements with any competitor regarding the quality, quantity, specifications and

conditions or delivery particulars of the products or services to which this bid invitation

relates.

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

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

bid opening or of the awarding of the contract.

³ Joint venture or Consortium means an association of persons for the purpose of combining their expertise, property,capital, efforts, skill and knowledge in an activity for the execution of a contract.

4

SBD 9

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

Js914w 2

SBD 8

DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENTPRACTICES

1 This Standard Bidding Document must form part of all bids invited.

2 It serves as a declaration used by institutions in ensuring that when goods andservices are being procured, all reasonable steps are taken to combat the abuseof the supply chain management system.

3 The bid of any bidder may be disregarded if that bidder, or any of its directorshave-

a. abused the institution’s supply chain management system;b. committed fraud or any other improper conduct in relation to such system;

orc. failed to perform on any previous contract.

4 In order to give effect to the above, the following questionnaire must becompleted and submitted with the bid.

Item Question Yes No4.1 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 businesswith the public sector?(Companies or persons who are listed on this Database were informed inwriting of this restriction by the Accounting Officer/Authority of theinstitution that imposed the restriction after the audi alteram partem rulewas applied).

The Database of Restricted Suppliers now resides on the National Treasury’swebsite(www.treasury.gov.za) and can be accessed by clicking on its link at thebottom 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 Defaultersin terms of section 29 of the Prevention and Combating of Corrupt ActivitiesAct (No 12 of 2004)?The Register for Tender Defaulters can be accessed on the NationalTreasury’s website (www.treasury.gov.za) by clicking on its link at thebottom of the home page.

Yes No


4.3 Was the bidder or any of its directors convicted by a court of law (including acourt outside of the Republic of South Africa) for fraud or corruption during thepast five years?

Yes No


4.4 Was any contract between the bidder and any organ of state terminatedduring the past five years on account of failure to perform on or comply withthe contract?

Yes No


SBD 8

CERTIFICATION

I, THE UNDERSIGNED (FULL NAME)…………………………………………………CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORMIS TRUE AND CORRECT.

I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT, ACTIONMAY BE TAKEN AGAINST ME SHOULD THIS DECLARATION PROVE TO BEFALSE.

………………………………………... …………………………..Signature Date

………………………………………. …………………………..Position Name of Bidder

Js365bW

SBD 6.1

PREFERENCE POINTS CLAIM FORM IN TERMS OF THE

PREFERENTIAL PROCUREMENT REGULATIONS 2011

This preference form must form part of all bids invited. It contains general information andserves as a claim form for preference points for Broad-Based Black EconomicEmpowerment (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 INTHE PREFERENTIAL PROCUREMENT REGULATIONS, 2011.

1. GENERAL CONDITIONS

1.1 The following preference point systems are applicable to all bids:

- the 80/20 system for requirements with a Rand value of up to R1 000 000 (all applicable taxesincluded); and

- the 90/10 system for requirements with a Rand value above R1 000 000 (all applicable taxesincluded).

1.2 The value of this bid is estimated to exceed/not exceed R1 000 000 (all applicable taxes included)and therefore the……………………system shall be applicable.

1.3 Preference points for this bid shall be awarded for:

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

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

POINTS

1.3.1.1 PRICE …………..

1.3.1.2 B-BBEE STATUS LEVEL OF CONTRIBUTION …………...

Total points for Price and B-BBEE must not exceed 100

1.4 Failure on the part of a bidder to fill in and/or to sign this form and submit a B-BBEE VerificationCertificate from a Verification Agency accredited by the South African Accreditation System(SANAS) or a Registered Auditor approved by the Independent Regulatory Board of Auditors(IRBA) or an Accounting Officer as contemplated in the Close Corporation Act (CCA) together withthe bid, will be interpreted to mean that preference points for B-BBEE status level of contribution arenot claimed.

1.5. The purchaser reserves the right to require of a bidder, either before a bid is adjudicated or at anytime subsequently, to substantiate any claim in regard to preferences, in any manner required bythe purchaser.

2. DEFINITIONS

2..1 “all applicable taxes” includes value-added tax, pay as you earn, income tax, unemploymentinsurance

fund contributions and skills development levies;

2.2 “B-BBEE” means broad-based black economic empowerment as defined in section 1 of the Broad-Based Black Economic Empowerment Act;

2.3 “B-BBEE status level of contributor” means the B-BBEE status received by a measured entitybased

on its overall performance using the relevant scorecard contained in the Codes of Good Practice onBlack Economic Empowerment, issued in terms of section 9(1) of the Broad-Based Black EconomicEmpowerment Act;

2.4 “bid” means a written offer in a prescribed or stipulated form in response to an invitation by anorgan of state for the provision of services, works or goods, through price quotations, advertisedcompetitive bidding processes or proposals;

2.5 “Broad-Based Black Economic Empowerment Act” means the Broad-Based Black EconomicEmpowerment Act, 2003 (Act No. 53 of 2003);

2.6 “comparative price” means the price after the factors of a non-firm price and all unconditionaldiscounts that can be utilized have been taken into consideration;

2.7 “consortium or joint venture” means an association of persons for the purpose of combining theirexpertise, property, capital, efforts, skill and knowledge in an activity for the execution of a contract;

2.8 “contract” means the agreement that results from the acceptance of a bid by an organ of state;

2.9 “EME” means any enterprise with an annual total revenue of R5 million or less .

2.10 “Firm price” means the price that is only subject to adjustments in accordance with the actualincrease or decrease resulting from the change, imposition, or abolition of customs or excise duty andany other duty, levy, or tax, which, in terms of the law or regulation, is binding on the contractor anddemonstrably has an influence on the price of any supplies, or the rendering costs of any service, forthe execution of the contract;

2.11 “functionality” means the measurement according to predetermined norms, as set out in the biddocuments, of a service or commodity that is designed to be practical and useful, working oroperating, taking into account, among other factors, the quality, reliability, viability and durability of aservice and the technical capacity and ability of a bidder;

2.12 “non-firm prices” means all prices other than “firm” prices;

32.13 “person” includes a juristic person;

2.14 “rand value” means the total estimated value of a contract in South African currency, calculated atthe time of bid invitations, and includes all applicable taxes and excise duties;

2.15 “sub-contract” means the primary contractor’s assigning, leasing, making out work to, oremploying, another person to support such primary contractor in the execution of part of a project interms of the contract;

2.16 “total revenue” bears the same meaning assigned to this expression in the Codes of GoodPractice on Black Economic Empowerment, issued in terms of section 9(1) of the Broad-BasedBlack Economic Empowerment Act and promulgated in the Government Gazette on 9 February2007;

2.17 “trust” means the arrangement through which the property of one person is made over orbequeathed to a trustee to administer such property for the benefit of another person; and

2.18 “trustee” means any person, including the founder of a trust, to whom property is bequeathed inorder for such property to be administered for the benefit of another person.

3. ADJUDICATION USING A POINT SYSTEM

3.1 The bidder obtaining the highest number of total points will be awarded the contract.

3.2 Preference points shall be calculated after prices have been brought to a comparative basis takinginto account all factors of non-firm prices and all unconditional discounts;.

3.3 Points scored must be rounded off to the nearest 2 decimal places.

3.4 In the event that two or more bids have scored equal total points, the successful bidmust be the one scoring the highest number of preference points for B-BBEE.

3.5 However, when functionality is part of the evaluation process and two or more bids havescored equal points including equal preference points for B-BBEE, the successful bid mustbe the one scoring the highest score for functionality.

3.6 Should two or more bids be equal in all respects, the award shall be decided by thedrawing of lots.

4. POINTS AWARDED FOR PRICE

4.1 THE 80/20 OR 90/10 PREFERENCE POINT SYSTEMS

A maximum of 80 or 90 points is allocated for price on the following basis:

80/20 or 90/10

min

min180

P

PPtPs or

min

min190

P

PPtPs

Where

Ps = Points scored for comparative price of bid under consideration

4

Pt = Comparative price of bid under consideration

Pmin = Comparative price of lowest acceptable bid

5. POINTS AWARDED FOR B-BBEE STATUS LEVEL OF CONTRIBUTION

5.1 In terms of Regulation 5 (2) and 6 (2) of the Preferential Procurement Regulations, preference pointsmust be awarded to a bidder for attaining the B-BBEE status level of contribution in accordance withthe table below:

B-BBEE Status Level ofContributor

Number of points

(90/10 system)

Number of points

(80/20 system)

1 10 20

2 9 18

3 8 16

4 5 12

5 4 8

6 3 6

7 2 4

8 1 2

Non-compliantcontributor

0 0

5.2 Bidders who qualify as EMEs in terms of the B-BBEE Act must submit a certificate issued by anAccounting Officer as contemplated in the CCA or a Verification Agency accredited by SANAS or a

Registered Auditor. Registered auditors do not need to meet the prerequisite for IRBA’sapproval for the purpose of conducting verification and issuing EMEs with B-BBEE StatusLevel Certificates.

5.3 Bidders other than EMEs must submit their original and valid B-BBEE status level verificationcertificate or a certified copy thereof, substantiating their B-BBEE rating issued by a RegisteredAuditor approved by IRBA or a Verification Agency accredited by SANAS.

5.4 A trust, consortium or joint venture, will qualify for points for their B-BBEE status level as a legal entity,provided that the entity submits their B-BBEE status level certificate.

5.5 A trust, consortium or joint venture will qualify for points for their B-BBEE status level as anunincorporated

entity, provided that the entity submits their consolidated B-BBEE scorecard as if they were a groupstructure and that such a consolidated B-BBEE scorecard is prepared for every separate bid.

5.6 Tertiary institutions and public entities will be required to submit their B-BBEE status level certificates interms of the specialized scorecard contained in the B-BBEE Codes of Good Practice.

55.7 A person will not be awarded points for B-BBEE status level if it is indicated in the bid documents that

such a bidder intends sub-contracting more than 25% of the value of the contract to any otherenterprise

that does not qualify for at least the points that such a bidder qualifies for, unless the intended sub-contractor is an EME that has the capability and ability to execute the sub-contract.

5.8 A person awarded a contract may not sub-contract more than 25% of the value of the contract to anyother

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 thesub-contract.

6. BID DECLARATION

6.1 Bidders who claim points in respect of B-BBEE Status Level of Contribution must complete thefollowing:

7. B-BBEE STATUS LEVEL OF CONTRIBUTION CLAIMED IN TERMS OF PARAGRAPHS 1.3.1.2AND 5.1

7.1 B-BBEE Status Level of Contribution: …………. = ……………(maximum of 10 or 20points)

(Points claimed in respect of paragraph 7.1 must be in accordance with the tablereflected in paragraph 5.1 and must be substantiated by means of a B-BBEEcertificate issued by a Verification Agency accredited by SANAS or a RegisteredAuditor approved by IRBA or an Accounting Officer as contemplated in the CCA).

8 SUB-CONTRACTING

8.1 Will any portion of the contract be sub-contracted? YES / NO(delete which is not applicable)

8.1.1 If yes, indicate:(i) what percentage of the contract will be subcontracted?............……………….…%(ii) the name of the sub-contractor?…………………………………………………………..(iii) the B-BBEE status level of the sub-contractor?……………..(iv) whether the sub-contractor is an EME? YES / NO

(delete which is not applicable)

9 DECLARATION WITH REGARD TO COMPANY/FIRM

9.1 Name of company/firm ............................................................................................................

9.2 VAT registration number :...........................................................................................................

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9.3 Company registration number ……………………………………………..........................................

9.4 TYPE OF COMPANY/ FIRM

Partnership/Joint Venture / Consortium One person business/sole propriety Close corporation Company (Pty) Limited[TICK APPLICABLE BOX]

9.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES

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

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

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

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

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

9.6 COMPANY CLASSIFICATION

Manufacturer Supplier Professional service provider Other service providers, e.g. transporter, etc.

[TICK APPLICABLE BOX]

9.7 Total number of years the company/firm has been in business? ……………………………………

9.8 I/we, the undersigned, who is / are duly authorised to do so on behalf of the company/firm,certify that the points claimed, based on the B-BBE status level of contribution indicated inparagraph 7 of the foregoing certificate, qualifies the company/ firm for the preference(s)shown and I / we acknowledge that:

(i) The information furnished is true and correct;

(ii) The preference points claimed are in accordance with the General Conditions asindicated in paragraph 1 of this form.

(iii) In the event of a contract being awarded as a result of points claimed as shown inparagraph 7, the contractor may be required to furnish documentary proof to thesatisfaction of the purchaser that the claims are correct;

(iv) If the B-BBEE status level of contribution has been claimed or obtained on afraudulent basis or any of the conditions of contract have not been fulfilled, thepurchaser 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 ofthat person’s conduct;

7(c) cancel the contract and claim any damages which it has suffered as a

result of having to make less favourable arrangements due to suchcancellation;

(d) restrict the bidder or contractor, its shareholders and directors, or only theshareholders and directors who acted on a fraudulent basis, fromobtaining business from any organ of state for a period not exceeding 10years, after the audi alteram partem (hear the other side) rule has beenapplied; and

(e) forward the matter for criminal prosecution

WITNESSES:

1. ………………………………………

……………………………………SIGNATURE(S) OF BIDDER(S)

2. ………………………………………

DATE:………………………………..ADDRESS:…………………………..

….………………………………

……………………………………….

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SBD 4

DECLARATION OF INTEREST

1. Any legal person, including persons employed by the state¹, or persons having a kinship withpersons employed by the state, including a blood relationship, may make an offer or offers in termsof this invitation to bid (includes an advertised competitive bid, a limited bid, a proposal or writtenprice quotation). In view of possible allegations of favouritism, should the resulting bid, or partthereof, be awarded to persons employed by the state, or to persons connected with or related tothem, it is required that the bidder or his/her authorised representative declare his/her position inrelation 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 withpersons/a person who are/is involved in the evaluation and or adjudication of the bid(s), orwhere it is known that such a relationship exists between the person or persons for or onwhose behalf the declarant acts and persons who are involved with the evaluation and oradjudication of the bid.

2. In order to give effect to the above, the following questionnaire must be completed andsubmitted with the bid.

2.1 Full Name of bidder or his or her representative: ………………………………………………………….

2.2 Identity Number:………………………………………………………………………………………………...

2.3 Position occupied in the Company (director, trustee, shareholder², member):…………………………………………………………………………………………………………………….

2.4 Registration number of company, enterprise, close corporation, partnership agreement or trust:………………………………………………………………………..………….……………………………….

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 overthe enterprise.

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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, taxreference numbers and, if applicable, employee / PERSAL numbers must be indicated in paragraph3 below.

2.7 Are you or any person connected with the bidder YES / NOpresently 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 personconnected 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 / NOthe appropriate authority to undertake remunerativework outside employment in the public sector?

2.7.2.1 If yes, did you attach proof of such authority to the bid YES / NOdocument?

(Note: Failure to submit proof of such authority, whereapplicable, may result in the disqualification of the bid.

2.7.2.2 If no, furnish reasons for non-submission of such proof:

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

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2.8 Did you or your spouse, or any of the company’s directors / YES / NOtrustees / shareholders / members or their spouses conductbusiness with the state in the previous twelve months?

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

2.9 Do you, or any person connected with the bidder, have YES / NOany relationship (family, friend, other) with a personemployed by the state and who may be involved withthe 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/NOaware of any relationship (family, friend, other) betweenany other bidder and any person employed by the statewho may be involved with the evaluation and or adjudicationof this bid?

2.10.1If so, furnish particulars.………………………………………………………………………………………………………………………………………………………………………………………………

2.11 Do you or any of the directors / trustees / shareholders / members YES/NOof the company have any interest in any other related companieswhether or not they are bidding for this contract?

2.11.1If so, furnish particulars:…………………………………………………………………………….…………………………………………………………………………….…………………………………………………………………………….

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3 Full details of directors / trustees / members / shareholders.

Full Name IdentityNumber

Personal IncomeTax ReferenceNumber

State EmployeeNumber / PersalNumber

4 DECLARATION

I, THE UNDERSIGNED (NAME)………………………………………………………………………

CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPHS 2 and 3 ABOVE IS CORRECT.I ACCEPT THAT THE STATE MAY REJECT THE BID OR ACT AGAINST ME SHOULD THISDECLARATION PROVE TO BE FALSE.

………………………………….. ..……………………………………………Signature Date

…………………………………. ………………………………………………Position Name of bidder

November 2011