BBBEE Clause Samples
The BBBEE clause establishes requirements for compliance with Broad-Based Black Economic Empowerment (BBBEE) legislation in South Africa. It typically obligates one or both parties to maintain a certain BBBEE status level, provide proof of compliance, or notify the other party of any changes to their BBBEE rating. This clause is often used in contracts where a party’s BBBEE status affects eligibility for government contracts or business opportunities. Its core function is to ensure that contractual partners meet legal and commercial expectations regarding economic transformation and empowerment, thereby reducing the risk of non-compliance and associated penalties.
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BBBEE. Where a change in the Contractor’s legal status, ownership or any other change to his business composition or business dealings results in a change to the Contractor’s B-BBEE status, the Contractor notifies the Employer within seven days of the change. The Contractor is required to submit an updated verification certificate and necessary supporting documentation confirming the change in his B-BBEE status to the Employer within thirty days of the notification or as otherwise instructed by the Employer. Where, as a result, the Contractor’s B-BBEE status has decreased since the starting date the Employer may either re-negotiate this contract or alternatively, terminate the Contractor’s obligation to provide the service. Failure by the Contractor to notify the Employer of a change in its B-BBEE status may constitute a reason for termination will be dealt with according to the NEC3 TSC penalty/termination clauses
BBBEE. Broad-Based Black Economic Empowerment Black Owned
BBBEE. 9.1 Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past.
9.2 In response to this requirement, the Service Provider shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof during the currency of the Agreement.
9.3 The Service Provider undertakes to notify and provide full details to Transnet in the event there is:
9.3.1. a change in the Service Provider’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and
9.3.2. a corporate or internal restructure or change in control of the Service Provider which has or likely to impact negatively on the Service Provider’s B-BBEE status
9.4 The Service Provider shall furnish Transnet with its BBBEE certificate reflecting its Verified BBBEE Score together with the underlying scorecard prepared by an accredited verification agency or an auditor on or before the Commencement Date and thereafter on or before the Anniversary Date for the duration of the Contract Period.
9.5 If the Service Provider is a consortium, reference in this clause 9 and in clause 10 to the Service Provider’s Verified BBBEE Score shall be the Verified BBBEE Score of the Service Provider and not of the individual members of the consortium.
9.6 The Service Provider undertakes to notify and provide full details to Transnet in writing as soon as is reasonably practicable in the circumstances in the event that:
9.6.1. a change in the Service Provider’s Overall BBBEE Score results in a reduction by a single level or more of the Service Provider’s BBBEE Contributor Status Level; or
9.6.2. the Service Provider’s Ownership Score has or is likely to reduce for whatever reason.
9.7 Transnet may, in its sole and absolute discretion, terminate this Agreement in the circumstances contemplated in clause 8.1.2 on the strength of the information provided by the Service Provider to Transnet in terms of clause 9.5.
9.8 Notwithstanding any other reporting requirement in terms hereof, the Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verif...
BBBEE. Tenderers shall be allocated points in accordance with the Preference Points Scorecard (Figure
1) shown below and 90/10 preference point system will be applicable. • The tenderer shall maintain or improve upon their current B-BBEE Contribution level for the duration of the contract. The tenderer will be required to submit a new B-BBEE certificate within 3 months, should ownership of the company change during the life of the contract. • SANAS Accredited BBBEE certificates or valid sworn affidavits (DTI Template). ● Suppliers/Contractors shall submit certified copies of CIPRO/CIPC registration documents, ● Certified Identity Document(s) of Company directors ● Certified copy of Shareholders certificate. ● ID Copies of all directors. • Figure 1: Preference Points Scorecard
BBBEE. The Contractor shall maintain the Required B-BBEE Recognition Level for the duration of the Agreement. The Contractor shall provide Eskom with a valid Verification Certificate and such other information as Eskom may reasonably request, in respect of which the Contractor claims maintenance for the duration of the Agreement of the Required B-BBEE Recognition Level. For the purpose of this clause “verification Certificate’ means a verification certificate and the accompanying documentary proof confirming the B-BBEE Status of a particular entity as issued by an accredited verification agency.
BBBEE. Proof of the Contractor’s official and current BBBEE certificate / rating.
BBBEE. Where a change in the Contractor’s legal status, ownership or any other change to his business composition or business dealings results in a change to the Contractor’s B-BBEE status, the Contractor notifies the Employer within seven days of the change. The Contractor is required to submit an updated verification certificate and necessary supporting documentation confirming the change in his B-BBEE status to the Employer within thirty days of the notification or as otherwise instructed by the Employer. Where, as a result, the Contractor’s B-BBEE status has decreased since the starting date the Employer may either re-negotiate this contract or alternatively, terminate the Contractor’s obligation to provide the service. Failure by the Contractor to notify the Employer of a change in its B-BBEE status may constitute a reason for termination will be dealt with according to the NEC3 TSC penalty/termination clauses Tenderers will be required to maintain their B-BBEE Recognition Level for the duration of the contract. Exposure and skills development to two persons from within the Mechanical field during execution of the work on site. management, etc.) National Diploma, Diploma, in service etc.) training/practical, etc.) 2x Fitter & Turners 2x Technicians Job creation is expected for 2 Assistants from the local to Kriel area Tenderers should indicate the number of jobs to be created and / or retained as a direct result of this contract. Number of jobs to be created as a result of this contract Number of jobs to be retained as a result of this contract
BBBEE. The BBBEE Documents contain all the material terms of the BBBEE Restructuring and the various “mitigation steps” referred to in the BBBEE Brief Note.
BBBEE certificate and detailed scorecard from a SANAS Accredited Verification Agency and/or Sworn Certified Affidavit.
BBBEE. HEADING CRITERIA MAXIMUM POSSIBLE POINTS (80 POINTS)