The Department is not bound to accept any of the proposals
submitted and reserves the right to call for presentations from
short-listed bidders before final selection.
The Department reserves the right to terminate this appointment
or temporarily defer the work, or any part thereof, at any stage
of completion should the Department decide not to proceed with
The Department also reserves the right to appoint any other
person to undertake any part of the tasks.
The service provider must be a single legal entity with all other
necessary expertise secured via sub-contract, or under a joint
venture arrangement. The Department will enter into a single
contract with a single entity for the delivery of the work set
out in these tender documents.
The bidding entity shall be the same entity that will execute the
bid. Any bid found to be fronting for another entity or entities
shall be disqualified immediately.
All South African firms submitting bids as part of a consortium
or joint venture must submit a valid original tax clearance
Foreign firms providing proposals must become familiar with local
conditions and laws and take them into account in preparing their
The service provider and its affiliates are disqualified from
providing goods, works and services to any private party to this
Agreement, or any eventual project that may result, directly or
indirectly from these services.
Firms may ask for clarification on these tender documents or any
part thereof up to close of business 1 week before the deadline
for the submission of the bids.
The Department reserves the right to return late bid submission
Firms may not contact the Department on any matter pertaining to
their bid from the time when the bids are submitted to the time
the contract is awarded. 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.
Should the contract between the Department and the service
provider be terminated by either party due to reasons not
attributable to the service provider, the service provider will
be remunerated for the appropriate portion of work completed up
to a maximum amount of not more than the total fee bid by the
service provider for the appropriate phase of the project during
which the appointment was terminated.
Conditions of the Tender
The General Conditions of contract, as stipulated will apply.
The Department will become the owner of all information,
documents, programmes, advice and reports collected and compiled
by the service provider in the execution of this tender.
The copyright of all documents, programmes, and reports compiled
by the service provider will vest in the Department and may not
be reproduced or distributed or made available in any other way
without the written consent of the Department.
All information, documents, programmes and reports must be
regarded as confidential and may not be made available to any
unauthorised person or institution without the written consent of
Bidders shall undertake to limit the number of copies of this
document and destroy them in the event of their failure to secure
The service provider is entitled to general knowledge acquired in
the execution of this agreement and may use it, provided that it
shall not be to the detriment of the Department.
DHA expressly reserves its rights, in its sole discretion to:
Accept or reject any Proposal;
Accept or reject individual items in a Proposal;
Request clarification or further information regarding any item
in the Proposal
Consider such alternate goods, services, terms or conditions
that may be offered, whether such offer is contained in a
Proposal or otherwise.
Cost of Bidding
The Bidder shall bear all costs associated with the preparation
and submission of its bid and the Department, will in no case be
held responsible or liable for these costs, regardless of the
conduct or outcome of the tender process.
Content of Tender Documents
The services required, tender procedures and contract terms are
prescribed in the tender documents, which include:
Instruction to Bidders;
Terms of Reference;
Standard Conditions of Contract;
The Bidder is expected to examine all instructions, forms, terms
and specifications in the tender documents. Failure to furnish
all information required by the tender documents or submission of
a bid not responsive to the tender documents in every respect
will be at the Bidder’s risk and may result in rejection of the
Clarification of Tender Documents
The Department will respond in email to any request for
clarification of the tender documents which it receives no later
than 1 week prior to the deadline for submission of bids
prescribed by the Department.
Bidders are invited to attend a compulsory briefing session that
will be held as indicated in section D at paragraph 1.1.
Amendment of Tender Documents
At any time prior to the deadline for submission of bids, the
Department may, for any reason, whether at its own initiative or
in response to a clarification requested by a prospective bidder,
modify the tender document by amendment.
All prospective bidders who have received the tender document
will be notified of the amendment in writing or by fax, and same
will be binding on them.
In order to allow prospective bidders reasonable time in which to
take the amendment into account in preparing their bids, the
Department, at their discretion, may extend the deadline for the
submission of bids.
A.PREPARATION OF BIDS
Language of Bid
The bid prepared by the Bidder, as well as all correspondence and
documents relating to the bid exchanged by the Bidder and the
Department shall be written in English.
Constituting the Bid
The bid prepared by the Bidder shall comprise the following
Technical Bid, including:
Invitation to Bid
Original Tax Clearance Certificate
Declaration of Interests(SBD4)
Declaration of past Supply Chain Management practices (SBD8)
Preferential Points Claim Forms (As applicable)
Certificate of independent bid determination (SBD9)
General Conditions of contract
Completed Technical Specification Document
Financial Bid, comprising:
Prices indicated on the Price Schedule shall be the total price
of goods or services including, where applicable:
All duties and other taxes;
The price of transportation, insurance and other costs
incidental to delivery of the goods or services to their final
The price of any other incidental services required in terms of
the tender deliverables;
Prices quoted by the Bidder shall be fixed during the Bidder’s
performance of the Contract and not subject to variation on any
A bid submitted with a variable price quotation will be treated
as non-responsive and rejected.
Prices shall be quoted in South African Rands.
The Department has limited resources and bids must be
competitive, with market related pricing, as this will be one of
the deciding factors in the final award of the contract.
of Validity of Bids
Bids shall remain valid for 90 days after the closing date of bid
prescribed by the Department. A bid valid for a shorter period
shall be rejected by the Department as non-responsive.
In exceptional circumstances, the Department may solicit the
Bidder’s consent to an extension of the period of validity. The
request and the response thereto shall be made in writing. A
Bidder may refuse the request. A Bidder granting the request will
not be required nor permitted to modify its bid.
Format and Signing of Bid
The Bidder shall prepare one copy of the Technical Bid and
Financial Bid separately, clearly marking it "Original Bid",
as appropriate. Apartfrom a hard copy, a copy should
also be provided on CD.
The original and all copies of the bid shall be typed or written
in indelible ink and shall be signed by the Bidder or a person or
persons duly authorized to bind the Bidder to the Contract. All
pages of the bid, except for un-amended printed literature, shall
be initialled by the person or persons signing the bid.
Any interlineations, erasures or overwriting shall be valid only
if they are initialled by the person or persons signing the bid.
Sealing and Marking of Bids
The original of the Technical Bid shall be placed in a sealed
envelope clearly marked Technical Bid and original Financial Bid
shall be placed in a sealed envelope clearly marked Financial Bid
and warning "Do not open with Technical Bid". All the
inner envelopes shall then be placed into an outer envelope. The
inner and outer envelopes shall be addressed to the Department at
the following address:
Tender Information Centre
Private Bag X49
The inner envelopes shall also indicate the name and address of
the Bidder to enable the bid to be returned unopened in case it
is declared late.
If the outer envelope is not sealed and marked as required by the
clause 1.14, the Department will assume no responsibility for the
bid’s misplacement or premature opening.
Faxed bids will not be accepted.
Closing Date of Bids
Bids (Technical and Financial) must be received by the Department
at the address specified under clause 6.1. In the event of the
specified date for the submission of Bids being declared a
holiday for the Department, the Bids will be received up to the
appointed time on the next working day.
The Department may, at its discretion, extend this deadline for
submission of bids by amending the bid documents in accordance
with clause 13.1, in which case all rights and obligations of the
Department and Bidders previously subject to the deadline will
thereafter be subject to the deadline as extended.
Any bid received by the Department after the deadline for
submission of bids prescribed by the Department, will be rejected
and/or returned unopened to the Bidder.
Modification and Withdrawal of Bids
The Bidder may modify or withdraw its bid after the bid’s
submission, provided that written notice of the modification or
withdrawal is received by the Department prior to the deadline
prescribed for submission of bids.
The Bidder’s modification or withdrawal notice shall be
prepared, sealed, marked and dispatched in accordance with the
provisions of clause 6. A withdrawal notice may also be sent by
fax, followed by a signed confirmation copy, post marked not
later than the deadline for submission of bids.
No bid may be modified subsequent to the deadline for submission
No bid may be withdrawn in the interval between the deadline for
submission of bids and the expiration of period of bid validity
specified by the Bidder on the bid form.
B.BID OPENING AND EVALUATION OF BIDS
Opening of Technical Bids by the
The bidder’s names, bid modifications or withdrawals and such
other details as the Department at its discretion may consider
appropriate, will be announced at the opening. No bid shall be
rejected at bid opening, except for late bids, which shall be
returned unopened to the Bidder pursuant to clause 8 above.
Bids (and modifications sent pursuant to clause 9 above) that are
not opened and read out at bid opening shall not be considered
further for evaluation, irrespective of the circumstances.
Opening of Financial Bids
After the evaluation of Technical Bid, the Department shall
notify those Bidders whose Technical Bids were considered
non-responsive to the conditions of the Contract and not meeting
the Technical Specification indicating that their Financial Bid
will not be opened and will be returned unopened after completing
the selection process. The notification may be sent by registered
letter, facsimile or electronic mail.
Clarification of Bids
During evaluation of bids, the Department may, at its discretion,
ask the Bidder for a clarification of its bid. The request for
clarification and the response shall be in writing.
The Department will examine the bids to determine whether they
are complete, whether they meet all the conditions of the
Contract and Technical Specifications and whether any
computational errors have been made, whether the documents have
been properly signed, and whether the bids are generally in
Arithmetical errors will be rectified on the following basis. If
there is a discrepancy between the unit price and the total price
that is obtained by multiplying the unit price and quantity, the
unit price shall prevail and the total price shall be corrected.
If there is a discrepancy between words and figures, the amount
in words shall prevail. If the supplier does not accept the
correction of errors, its bid may be rejected.
If a bid is not responsive and not fulfilling all the conditions
of the Contract and not meeting Technical Specifications it will
be rejected by the Department and may not subsequently be made
responsive by the Bidder by correction of the non-conformity.
Evaluation and Comparison of Bids
The Department will evaluate and compare the financial bids only
of those Bidders whose Technical Bid has been accepted by the
The Department’s evaluation of a Financial bid will take into
account, in addition to the bid-price
(Ex-factory/ex-warehouse/off-the-shelf price) of the goods
offered such price to include all costs as well as duties and
taxes paid or payable on components and raw material incorporated
or to be incorporated in the goods, and Excise duty on the
finished goods, if payable) and price of incidental services, the
cost of inland transportation, insurance and other costs
incidental to the delivery of the goods to their final
Contacting the Department
Subject to clause 3 above, no Bidder shall contact the Department
on any matter relating to its bid, from the time of the bid
opening to the time the Contract is awarded. If the bidder wishes
to bring additional information to the notice of the Department,
it should do so in writing.
Any effort by a Bidder to influence the Department in its
decisions on bid evaluation, bid comparison or contract award may
result in rejection of the Bidder’s bid.
C.AWARD OF CONTRACT
The Department will determine to its satisfaction whether the
Bidder that is selected as having submitted the highest evaluated
responsive bid meets the criteria specified in these documents,
and is qualified to perform the contract satisfactorily.
The determination will take into account the Bidder’s
financial, technical and production capabilities. It will be
based upon an examination of the documentary evidence of the
Bidder’s qualifications submitted by the bidder, as well as
such other information as the Department deems necessary and
An affirmative determination will be a prerequisite for award of
the Contract to the Bidder. A negative determination will result
in rejection of the Bidder’s bid, in which event the Department
will proceed to the next highest evaluated bid to make a similar
determination of that Bidder’s capabilities to perform the
Department’s right to vary
Quantities at Time of Award
The Department reserves the right at the time of Contract award
to increase or decrease the quantity of goods and services
originally specified in the Terms of Reference without any change
in unit price or other terms and conditions.
Department’s right to accept or
reject any or all Bids
The Department reserves the right to:
Accept or reject any bid;
Annul the tender process and reject all bids at any time prior
to contract award;
Award the contract to one or more bidders; without thereby
incurring any liability to the affected Bidder or bidders.
Notification of Award
Prior to the expiration of the period of bid validity, the
Department will notify the successful bidder in writing by
registered letter or by fax, to be confirmed in writing by
registered letter, that its bid has been accepted.
The notification of award will constitute the formation of the
Signing of Contract
At the same time as the Department notifies the successful bidder
that its bid has been accepted, the Department will send the
bidder the Contract Form provided in the tender documents,
incorporating all agreements between the parties.
Within 21 days of receipt of the Contract Form, the successful
bidder shall sign and date the Contract Form and return it to the
1.2 Contract Duration
would be expected of the successful Service Provider to assume duty
immediately upon appointment.
1.4 Termination of Service
In case of any failure to comply with any of the conditions of the
contract or unsatisfactory rendering of service, the stipulation of
the General Conditions of Contract and the Special Conditions of
Contract, shall be applicable.
Should the Department, after a reasonable period of notice, of not
less than seven days, in writing, depending upon the circumstances,
call upon the service provider to comply with any of the conditions
and should he/she fail to do so, the Department shall, without
prejudice to any of its rights be entitled to cancel the contract,
and to claim from the service provider any damage or loss that might
have been suffered, including any additional expense incurred by it
having either to invite fresh bids or to accept any less favourable
The Department reserves the right to:
Accept one or more bids submissions.
Accept a bid that may reflect the lowest pricing.
Reject all bid submitted.
Consider any bid that may not conform to any aspect of this bid.
Request further information from any bidder after the closing date.
Cancel this bid or any part thereof any time, or
Award this bid or any part thereof to any one or more bidders.
Failure to comply with the conditions of the contract, the
Department shall be entitled, without prejudice to its other
rights, to cancel the contract in terms of the General Conditions of
Delays beyond time limits and timeframes agreed upon between the
Failure to meet the performance standards indicated in the contract
The contractor shall not, without prior written authority of the
Department, cede, assign or transfer its rights or obligations in
respect of this contract or any part thereof or any share of
interests herein, directly or indirectly, to any person, firm or
TENDER DELIVERABLES AND TIMEFRAMES
The timeframes for the tender are contained in the following
29 November 2013
There is no briefing session to be held
Johannes Ramokhoase (Proes) Street
06 December 2013
Closing date for Inquiries
13 December 2013
240 Madiba (Vermeulen) Street
between ABSA and the Salzburg Restaurant
Service Provider is to provide the following in the bid:
required service, its turn-around time and an inclusive quote for
total bid price (all inclusive).
fee increases, if any.
EVALUATION CRITERIA (CHECK
The bid will be evaluated according to the Preferential
Procurement Regulations of 2011 which prescribe the application
of the 90/10 points system.
Where BBBEE points are claimed, a certified copy of BBBEE
certificate must be attached.
The points for this bid are allocated as follows:
Preferential points: BBBEE
1.5.2. Bids will then be evaluated in accordance with the prescripts
of the Preferential Procurement Policy Framework Act (PPPFA) and the
associated Preferential Procurement Regulations of 2011, which
stipulate a 90/10 point split for requirements exceeding R1 000
DOCUMENTS TO BE COMPLETED
The following documents must be completed by all bidders, and
submitted with the technical bid:
Original and valid tax clearance certificate
SBD 4 - Declaration of Interests
SBD 8 – Declaration of past supply chain management practice.
SBD 9 – Certificate of Independent Bid Determination.
General Conditions of Contract
In circumstances of Joint Ventures, all relevant documentation must
INVITATION TO BID
Delivery of Bids
Bid documents may be posted to:
Private Bag X49
Deposited in the bid box situated at:
National Treasury, 240 Madiba Street - between ABSA and the
The bid box is generally open 24 hours a day, 7 days a week.
Bidders should ensure that bids are delivered on time to the
correct address. If the bid is late, it will not be accepted for
All bids must be submitted on the official forms – (not to be
General Conditions of Contract
This bid is subject to the general conditions of contract and the
special conditions of contract as attached.
Particulars to be Furnished
The following particulars must be furnished, failure to do so may
result in your bid being disqualified
Name of Bidder:
Code __________ Number _________________________________________
Signature of Bidder:______________________________
Capacity under which this bid is
Failure on the part of the bidder to sign this tender form (SBD1) and
thus to acknowledge and accept the conditions in writing or to
complete the attached forms, questionnaires and specifications in all
respects, may invalidate the bid.
Bids should be submitted on the official forms and should not be
qualified by the bidder's own conditions. Failure to comply with
these requirements or to renounce specifically the bidder's own
conditions of tender, when called upon to do so, may invalidate the
The paper document will serve as the legal bid document. A hard
copy of the bid response and a backup of the electronic medium
e.g. Compact Disc (CD) must be made and kept for record
purposes. The saved electronic bid e.g. Compact Disk (CD) must
be submitted in a padded protective envelope for protection
together with the hard copy.
All electronic data submitted must be an exact copy of the paper
document. Any discrepancies between a specific item on the
micro floppy diskette and the hard copy may invalidate the bid
in respect of the particular item.
To facilitate the evaluation of numeric data (i.e. prices), the
paper copy must be completed, signed and submitted before the
closing time of the tender.
I/We hereby tender to supply all or any of the supplies and/or
to render all or any of the services described in the attached
documents to the Government of the Republic of South Africa on
the terms and conditions and in accordance with the
specifications stipulated in the bid documents (and which shall
be taken as part of, and incorporated into, this bid) at the
prices and on the terms regarding time for delivery and/or
execution inserted therein.
I/We agree that -
The bid herein shall remain binding upon me/us and open for
acceptance during the validity period indicated and calculated from
the closing time of the tender;
If I/we withdraw my/our bid within the period for which I/we have
agreed that the bid shall remain open for acceptance, or fail to
fulfil the contract when called upon to do so, the State may, without
prejudice to its other rights, agree to the withdrawal of my/our bid
or cancel the contract that may have been entered into between me/us
and the State and I/we will then pay to the State any additional
expense incurred by the State having either to accept any less
favourable bid or, if fresh bids have to be invited, the additional
expenditure incurred by the invitation of fresh bids and by the
subsequent acceptance of any less favourable bid, the State shall
also have the right to recover such additional expenditure by set-of
against moneys which may be due or become due to me/us under this or
any other bid or contract or against any guarantee or deposit that
may have been furnished by me/us or on my/our behalf for the due
fulfilment of this or any other bid or contract and pending the
ascertainment of the amount of such additional expenditure to retain
such moneys, guarantee or deposit as security for any loss the State
may sustain by reason of my/our default;
If my/our bid is accepted the acceptance may be communicated to me/us
by letter or order by ordinary post or registered post and that SA
Post Office Ltd shall be regarded as my/our agent, and delivery of
such acceptance to SA Post Office Ltd shall be treated as delivery to
The law of the Republic of South Africa shall govern the contract
created by the acceptance of my/our bid and that I/we choose
domicilium citandi et executandi in the Republic as
I/We furthermore confirm that I/we have satisfied myself/ourselves as
to the correctness and validity of my/our bid; that the price(s) and
rate(s) quoted cover all the work/item(s) specified in the bid
documents; and that the price(s) and rate(s) cover all my/our
obligations under a resulting contract and that I/we accept that any
mistakes regarding price(s) and calculations will be at my/our risk.
I/We hereby accept full responsibility for the proper execution and
fulfilment of all obligations and conditions devolving on me/us under
this agreement as the Principal(s) liable for the due fulfilment of
I/We agree that any action arising from this contract may in all
respects be instituted against me/us and I/we hereby undertake to
satisfy fully any sentence or judgement which may be pronounced
against me/us as a result of such action.
I/We declare that I/we have participation*/no participation* in the
submission of any other bid for the supplies/services described in
the attached documents. If in the affirmative, state names(s) of
I/We hereby declare that I/We have read and understand the above and
agree to be bound by the stated terms and conditions.
Are you duly authorised to sign the bid? * YES / NO
Has the Declaration of Interest (SBD4) been duly completed and
included with the other bid forms * YES / NO
Have the company or any of its Directors, Shareholders or Joint
Venture Partners in their present or previous capacity ever been
restricted from bidding by any organ of the State?
* YES / NO
If yes, please provide full details of restriction.
Has a tax clearance certificate been submitted?
Are you the accredited representative in South Africa for the
goods/services offered by you? (If yes enclose proof)
Total Bid Price:
Total Number of Items Offered:
The taxes of the successful bidder must be in order, or that
satisfactory arrangements have been made with the Receiver of
Revenue to meet his / her tax obligations.
The attached form “Application for Tax Clearance Certificate (in
respect of bidders)” must be completed in all respects and
submitted to the Receiver of Revenue where the bidder is registered
for tax purposes. The Receiver of Revenue will then furnish the
bidder with a Tax Clearance Certificate that will be valid for a
period of six (6) months from date of issue. This Tax Clearance
Certificate must be submitted in the original together with the bid.
Failure to submit the original and valid Tax Clearance Certificate
may invalidate the bid.
In bids where Consortia / Joint Ventures / Sub-contractors are
involved each party must submit a separate Tax Clearance
Certificate. Copies of the Application for Tax Clearance
Certificates are available at any Receiver’s Office.
FOR TAX CLEARANCE CERTIFICATE
respect of tenders)
Name of taxpayer / bidder:
Please note that the Commissioner for the South African
Revenue Service (SARS) will not exercise his discretionary powers
in favour of any person with regard to any interest, penalties
and / or additional tax leviable due to the late- or underpayment
of taxes, duties or levies or the rendition returns by any person
as a result of any system not being year 2000 compliant.
The Department of Home Affairs,
Having examined the Tender Documents, the receipt of which is hereby
duly acknowledged, we, the undersigned, offer to supply and deliver
(Description of Goods and Services)
In conformity with the said Tender Documents and hereby undertake
that we accept all the conditions of said documents, in particular:
The rules for bidding, conditions of the tender and other
instructions to bidders.
The terms of reference above.
The bid evaluation criterion.
We accordingly undertake to supply the stipulated goods and services
as per our attached technical bid. In addition, the particulars of
our organisation such as legal status, principal place of business,
details of experience and past performance are furnished with this
We further undertake, if our bid is accepted, to deliver the goods in
accordance with the delivery schedule specified in our bid.
We agree to abide by this bid for the Bid validity period specified
in Clause above and it shall
remain binding upon us and may be accepted at any time before the
expiration of that period.
Until a formal contract is prepared and executed, this bid, together
with your written acceptance thereof and your notification of award
shall constitute a binding Contract between us.
We understand that you are not bound to accept the lowest or any bid
you may receive.
ated this ______ day of ______________________2013
Who warrants that he/she is duly authorised to sign this Bid for and
on behalf of:
Delivery basis (all delivery costs must be included in the bid
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 positionin
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:
2.6.1 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
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
(b) any municipality or municipal entity;
(c) provincial legislature;
(d) national Assembly or the national Council of provinces; or
²”Shareholder” means a person who owns shares in the company and
is actively involved in the management of the enterprise or business
and exercises control over the enterprise.
2.7 Are you or any person connected with the bidder YES
presently employed by the state?
If so, furnish the following particulars:
Name of person / director / trustee / shareholder/ member:
Name of state institution at which you or the person
connected to the bidder is employed : ………………………………………
Position occupied in the state institution: ………………………………………
Any other particulars:
If you are presently employed by the state, did you obtain YES
the appropriate authority to undertake remunerative
work outside employment in the public sector?
If yes, did you attached proof of such authority to the bid YES
(Note: Failure to submit proof of such authority, where
applicable, may result in the disqualification of the bid.
If no, furnish reasons for non-submission of such proof:
Did you or your spouse, or any of the company’s directors / YES
trustees / shareholders / members or their spouses conduct
business with the state in the previous twelve months?
If so, furnish particulars:
Do you, or any person connected with the bidder, have YES / NO
any relationship (family, friend, other) with a person
employed by thestate and who may be involved with
the evaluation and or adjudication of this bid?
2.9.1If 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 /
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:
Full details of directors /
trustees / members / shareholders.
State Employee Number / Persal Number
I, THE UNDERSIGNED (NAME)………………………………………………………………………
CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPHS 2 and 3 ABOVE IS
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.
Position Name of bidder
PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL
PROCUREMENT REGULATIONS 2011
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
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,
The following preference point systems are applicable to all bids:
the 90/10 system for requirements with a Rand value above R1 000 000
(all applicable taxes included).
The value of this bid is estimated to exceed/not exceed R1
000 000 (all applicable taxes included) and therefore the
90/10 system shall be applicable.
Preference points for this bid shall be awarded for:
B-BBEE Status Level of Contribution.
1.3.1 The maximum points for this bid are allocated as follows:
22.214.171.124 B-BBEE STATUS LEVEL OF CONTRIBUTION10
Total points for Price and B-BBEE must not exceed100
1.4 Failure on the part of a bidder to fill in and/or to sign this
form and submit a B-BBEE Verification Certificate 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 with the bid, will be
interpreted to mean that preference points for B-BBEE status level of
contribution are not claimed.
1.5. 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.
applicable taxes” includes
value-added tax, pay as you earn, income tax, unemployment insurance
fund contributions and skills development levies;
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 entity based
on its overall performance using the relevant scorecard contained in
the Codes of Good Practice on Black Economic Empowerment,
issued in terms of section 9(1) of the Broad-Based Black Economic
means a written offer in a prescribed or stipulated form in response
to an invitation by an
organ of state for the provision of services, works or goods, through
price quotations, advertised
competitive bidding processes or proposals;
Black Economic Empowerment Act” means
the Broad-Based Black Economic
Empowerment Act, 2003 (Act No. 53 of 2003);
price” means the price after the
factors of a non-firm price and all unconditional
discounts that can be utilized have been taken into
2.7 “consortium or
joint venture” means an association
of persons for the purpose of combining their
expertise, property, capital, efforts, skill and knowledge in an
activity for the execution of a contract;
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 actual increase or decrease resulting from the change,
imposition, or abolition of customs or excise duty and any other
duty, levy, or tax, which, in terms of the law or regulation, is
binding on the contractor and demonstrably has an influence on the
price of any supplies, or the rendering costs of any service, for the
execution of the contract;
means the measurement according to
predetermined norms, as set out in the bid
documents, of a service or commodity
that is designed to be practical and useful, working or
operating, taking into account, among other factors, the
quality, reliability, viability and durability of a
service and the technical capacity and ability of a bidder;
prices” means all prices other than
includes a juristic person;
2.14 “rand value”
means the total estimated value of a contract in South African
currency, calculated at
the time of bid invitations, and includes all applicable
taxes and excise duties;
means the primary contractor’s assigning, leasing, making out work
to, or employing, another person to support such primary contractor
in the execution of part of a project in terms of the contract;
revenue” bears the same meaning
assigned to this expression in the Codes of Good
Practice on Black Economic Empowerment, issued in terms of
section 9(1) of the Broad-Based
Black Economic Empowerment Act and
promulgated in the Government Gazette
on 9 February
means the arrangement through which the property of one person is
made over or
bequeathed to a trustee to administer such property for
the benefit of another person; and
means any person, including the founder
of a trust, to whom property is bequeathed in
order for such property to be administered for the benefit
of another person.
3.ADJUDICATION USING A POINT SYSTEM
3.1 The bidder obtaining the highest number of total points will be
awarded the contract.
3.2 Preference points shall be calculated after prices have been
brought to a comparative basis taking into account all factors of
non-firm prices and all unconditional discounts;.
3.3 Points scored must be rounded off to the nearest 2 decimal
3.4 In the event that two or more bids have scored equal
total points, the successful bid
must be the one scoring the highest number of
preference points for B-BBEE.
3.5 However, when functionality is part of the evaluation
process and two or more bids have
scored equal points including equal preference points
for B-BBEE, the successful bid must
be the one scoring the highest score for
3.6 Should two or more bids be equal in all respects, the
award shall be decided by the
drawing of lots.
4. POINTS AWARDED FOR PRICE
4.1 THE 90/10 PREFERENCE POINT SYSTEMS
A maximum of 90 points is allocated for price on the
Ps = Points scored for comparative price of bid under consideration
Pt = Comparative price of bid under consideration
Pmin = Comparative price of lowest acceptable bid
Points awarded for B-BBEE Status Level of Contribution
5.1 In terms of Regulation 5 (2) and 6 (2) of the Preferential
Procurement Regulations, preference points must be
awarded to a bidder for attaining the B-BBEE status level of
contribution in accordance with the table below:
Status Level of Contributor
Number of points
5.2 Bidders who qualify as EMEs in terms of the B-BBEE Act must
submit a certificate issued by an Accounting 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’s approval for the purpose
of conducting verification and issuing EMEs with B-BBEE Status Level
5.3 Bidders other than EMEs must submit their original and valid
B-BBEE status level verification certificate or a certified copy
thereof, substantiating their B-BBEE rating issued by a Registered
Auditor approved by IRBA or a Verification Agency accredited by
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
5.5 A trust, consortium or joint venture will qualify for
points for their B-BBEE status level as an unincorporated
entity, provided that the entity submits their
consolidated B-BBEE scorecard as if they were a group
structure and that such a consolidated B-BBEE scorecard is
prepared for every separate bid.
5.6 Tertiary institutions and public entities will be required to
submit their B-BBEE status level certificates in terms of the
specialized scorecard contained in the B-BBEE Codes of Good Practice.
5.7 A person will not be awarded points for
B-BBEE status level if it is indicated in the bid documents that
such a bidder intends sub-contracting more than 25% of the
value of the contract to any other enterprise
that does not qualify for at least the points that such a
bidder qualifies for, unless the intended sub-
contractor is an EME that has the capability and ability
to execute the sub-contract.
5.8 A person awarded a contract may not sub-contract more than
25% of the value of the contract to any other
enterprise that does not have an equal or higher B-BBEE
status level than the person concerned, unless the
contract is sub-contracted to an EME that has the
capability and ability to execute the
6. BID DECLARATION
6.1 Bidders who claim points in respect of B-BBEE Status Level of
Contribution must complete the following:
7. B-BBEE STATUS LEVEL OF CONTRIBUTION CLAIMED IN TERMS OF
PARAGRAPHS 126.96.36.199 AND 5.1
7.1 B-BBEE Status Level of Contribution: ………. =
……………(maximum of 10 or 20 points)
(Points claimed in respect of paragraph 7.1 must be in accordance
with the table reflected in paragraph 5.1 and must be substantiated
by means of a B-BBEE certificate issued by a Verification Agency
accredited by SANAS or a Registered Auditor approved by IRBA or an
Accounting Officer as contemplated in the CCA).
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
(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)
9DECLARATION WITH REGARD TO COMPANY/FIRM
9.1 Name of company/firm :
9.2 VAT registration number :
9.3 Company registration number ……………………………………………………………………. :
9.4TYPE OF COMPANY/ FIRM
Partnership/Joint Venture / Consortium
One person business/sole propriety
[Tick applicable box]
9.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES
9.6 COMPANY CLASSIFICATION
Professional service provider
Other service providers, e.g. transporter, etc.
[Tick applicable box]
9.7 Total number of years the company/firm has been in business?
9.8 I/we, the undersigned, who is / are
duly authorised to do so on behalf of the company/firm, certify that
the points claimed, based on the B-BBE status level of contribution
indicated in paragraph 7 of the foregoing certificate, qualifies the
company/ firm for the preference(s) shown and I / we acknowledge
(i) The information furnished is true and correct;
(ii) The preference points claimed are in accordance with the
General Conditions as indicated in paragraph 1 of this form.
(iii) In the event of a contract being awarded as a result of points
claimed as shown in paragraph 7, the contractor may be required to
furnish documentary proof to the satisfaction of the purchaser that
the claims are correct;
(iv) If the B-BBEE status level of contribution has been claimed or
obtained on a fraudulent basis or any of the conditions of contract
have not been fulfilled, the purchaser may, in addition to any other
remedy it may have –
(a) 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
restrict the bidder or contractor, its shareholders and directors,
or only the shareholders and directors who acted on a fraudulent
basis, from obtaining business from any organ of state for a period
not exceeding 10 years, after the audi alteram partem (hear the
other side) rule has been applied; and
forward the matter for criminal prosecution
SIGNATURE(S) OF BIDDER(S)
8: DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES
This Standard Bidding Document must form part of all bids invited.
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
The bid of any bidder may be disregarded if that bidder, or any of
its directors have-
abused the institution’s supply chain management system;
committed fraud or any other improper conduct in relation to such
failed to perform on any previous contract.
In order to give effect to the above, the following questionnaire
must be completed and submitted with the bid.
bidder or any of its directors listed on the National Treasury’s
database as companies or persons prohibited from doing business
with the public sector?
(Companies or persons who are
listed on this database were informed in writing of this
restriction by the National Treasury after the audi alteram
partem rule was applied).
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)?
access this Register enter the National Treasury’s website,
click on the icon “Register for Tender Defaulters” or submit
your written request for a hard copy of the Register to facsimile
number (012) 3265445.
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?
Name of Bidder
OF INDEPENDENT BID DETERMINATION
1 This Standard Bidding Document (SBD) must form part of all bids¹
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
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.
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.
In order to give effect to the above, the attached Certificate of
Bid Determination (SBD 9) must be completed and submitted with the
Includes price quotations, advertised competitive bids, limited bids
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.
OF INDEPENDENT BID DETERMINATION
the undersigned, in submitting the accompanying bid:
hereby make the following statements that I certify to be true and
complete in every respect:
certify, on behalf
(Name of Bidder)
have read and I understand the contents of this Certificate;
understand that the accompanying bid will be disqualified if this
Certificate is found not to be true and complete in every respect;
am authorized by the bidder to sign this Certificate, and to submit
the accompanying bid, on behalf of the bidder;
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;
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:
has been requested to submit a bid in response to this bid
could potentially submit a bid in response to this bid invitation,
based on their qualifications, abilities or experience; and
the same goods and services as the bidder and/or is in the same line
of business as the bidder
bidder has arrived at the accompanying bid independently from, and
without consultation, communication, agreement or arrangement with
However communication between partners in a joint venture or
will not be construed as collusive bidding.
particular, without limiting the generality of paragraphs 6 above,
there has been no consultation, communication, agreement or
arrangement with any competitor regarding:
area where product or service will be rendered (market allocation)
methods, factors or formulas used to calculate prices;
the intention or decision to submit or not to submit, a bid;
the submission of a bid which does not meet the specifications and
conditions of the bid; or
bidding with the intention not to win the bid.
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
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.
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