Relocated of Goods for Miss Lindelwa

{TENDER_DOCUMENTS_TEXT_START} REQUEST FOR QUOTATION (RFQ) RFQ NUMBER: 10313802 REQUEST FOR QUOTATION (RFQ) Relocated of goods for Miss Lindelwa (Date of move will be arrange with awarding supplier) SECTION 1: SBD1 PART A INVITATION TO BID YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF PASSENGER RAIL AGENCY (PRASA) BID NUMBER: 10313802 CLOSING DATE: 23 October 2020 CLOSING TIME: 10:00 AM Move furniture from Unit 10 Diamond lane Bloubosrand Ext 21 Kyasands estate to 21 stoke road Hillary Durban DESCRIPTION BID RESPONSE DOCUMENTS SHALL BE ADDRESSED AS FOLLOWS: BID RESPONSE DOCUMENTS MUST BE E-MAILED TO THE DEDICATED E-MAIL ADDRESS BELOW: Emailed to: [email protected] BIDDING PROCEDURE ENQUIRIES MAY BE DIRECTED TO CONTACT PERSON Cornelia Pieterse (DBN) TELEPHONE NUMBER 031 813 0194 E-MAIL ADDRESS [email protected] SUPPLIER INFORMATION NAME OF BIDDER POSTAL ADDRESS STREET ADDRESS TELEPHONE NUMBER CODE NUMBER CODE NUMBER CELLPHONE NUMBER FACSIMILE NUMBER E-MAIL ADDRESS VAT REGISTRATION NUMBER SUPPLIER COMPLIANCE TAX COMPLIANCE STATUS SYSTEM PIN: B-BBEE STATUS LEVEL TICK APPLICABLE BOX] VERIFICATION CERTIFICATE Yes No CENTRAL SUPPLIER MAAA____________ DATABASE No: __ B-BBEE STATUS LEVEL [TICK APPLICABLE BOX] SWORN AFFIDAVIT Yes No OR [A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE/ SWORN AFFIDAVIT (FOR EMES & QSEs) MUST BE SUBMITTED IN ORDER TO QUALIFY FOR PREFERENCE POINTS FOR B-BBEE] 2.1 ARE YOU THE Yes No ACCREDITED 2.2 ARE YOU A FOREIGN REPRESENTATIVE IN Yes No BASED SUPPLIER FOR THE GOODS [IF YES, ANSWER THE SOUTH AFRICA FOR THE /SERVICES /WORKS OFFERED? QUESTIONNAIRE BELOW GOODS /SERVICES [IF YES ENCLOSE PROOF] ] /WORKS OFFERED? QUESTIONNAIRE TO BIDDING FOREIGN SUPPLIERS IS THE ENTITY A RESIDENT OF THE REPUBLIC OF SOUTH AFRICA (RSA)? YES NO DOES THE ENTITY HAVE A BRANCH IN THE RSA? YES NO DOES THE ENTITY HAVE A PERMANENT ESTABLISHMENT IN THE RSA? YES NO DOES THE ENTITY HAVE ANY SOURCE OF INCOME IN THE RSA? YES NO IS THE ENTITY LIABLE IN THE RSA FOR ANY FORM OF TAXATION? YES NO IF THE ANSWER IS “NO” TO ALL OF THE ABOVE, THEN IT IS NOT A REQUIREMENT TO REGISTER FOR A TAX COMPLIANCE STATUS SYSTEM PIN CODE FROM THE SOUTH AFRICAN REVENUE SERVICE (SARS) AND IF NOT REGISTER AS PER 2.3 BELOW. Page 2 PART B: TERMS AND CONDITIONS FOR BIDDING 1. BID SUBMISSION: 1.1. BIDS MUST BE DELIVERED BY THE STIPULATED TIME TO THE CORRECT ADDRESS. LATE BIDS WILL NOT BE ACCEPTED FOR CONSIDERATION. 1.2. ALL BIDS MUST BE SUBMITTED ON THE OFFICIAL FORMS PROVIDED–(NOT TO BE RE-TYPED) OR IN THE MANNER 1.3. PRESCRIBED IN THE BID DOCUMENT. 1.4. THIS BID IS SUBJECT TO THE PREFERENTIAL PROCUREMENT POLICY FRAMEWORK ACT, 2000 AND THE PREFERENTIAL PROCUREMENT REGULATIONS, 2017, THE GENERAL CONDITIONS OF CONTRACT (GCC) AND, IF APPLICABLE, ANY OTHER SPECIAL CONDITIONS OF CONTRACT. 1.5. THE SUCCESSFUL BIDDER WILL BE REQUIRED TO FILL IN AND SIGN A WRITTEN CONTRACT FORM (SBD7). –N/A 2. TAX COMPLIANCE REQUIREMENTS 2.1 BIDDERS MUST ENSURE COMPLIANCE WITH THEIR TAX OBLIGATIONS. 2.2 BIDDERS ARE REQUIRED TO SUBMIT THEIR UNIQUE PERSONAL IDENTIFICATION NUMBER (PIN) ISSUED BY SARS TO ENABLE THE ORGAN OF STATE TO VERIFY THE TAXPAYER’S PROFILE AND TAX STATUS. 2.3 APPLICATION FOR TAX COMPLIANCE STATUS (TCS) PIN MAY BE MADE VIA E-FILING THROUGH THE SARS WEBSITE WWW.SARS.GOV.ZA. 2.4 BIDDERS MAY ALSO SUBMIT A PRINTED TCS CERTIFICATE TOGETHER WITH THE BID. 2.5 IN BIDS WHERE CONSORTIA / JOINT VENTURES / SUB-CONTRACTORS ARE INVOLVED, EACH PARTY MUST SUBMIT A SEPARATE TCS CERTIFICATE / PIN / CSD NUMBER. 2.6 WHERE NO TCS PIN IS AVAILABLE BUT THE BIDDER IS REGISTERED ON THE CENTRAL SUPPLIER DATABASE (CSD), A CSD NUMBER MUST BE PROVIDED. 2.7 NO BIDS WILL BE CONSIDERED FROM PERSONS IN THE SERVICE OF THE STATE, COMPANIES WITH DIRECTORS WHO ARE PERSONS IN THE SERVICE OF THE STATE, OR CLOSE CORPORATIONS WITH MEMBERS PERSONS IN THE SERVICE OF THE STATE.” NB: FAILURE TO PROVIDE / OR COMPLY WITH ANY OF THE ABOVE PARTICULARS MAY RENDER THE BID INVALID. SIGNATURE OF BIDDER: ____________________________________ CAPACITY UNDER WHICH THIS BID IS SIGNED: ____________________________________ (Proof of authority must be submitted e.g. company resolution) DATE: ____________________________________ NB:   Quotation(s) must be addressed to PRASA before the closing date and time shown above. PRASA General Conditions of Purchase shall apply. o All documents must be email back before the closing time and date to [email protected]. o Prices will be fixed for the duration of the agreement. o Section 12 is compulsory: commission of oath. o The supplier must submit in writing on a signed company letterhead that all non-conformances will be closed within 2 days. o Failure to provide this document with this tender will render the tender incomplete and the tender will therefore not be considered for award of business. o Delivery to the following KZN depots will be at the cost of the supplier: Springfield (Rolling Stock Depot & Main warehouse), Durban Yard (Rolling Stock Reliability Workshop), Perway (Rossburg Depot), Durban yard (Electrical Depot), and Clairwood (Signal Depot). o Prices will be fixed for the first year of the contract. o Price adjustments for the second and third year will be taken into cognizance based on the rate of exchange/Seifsa Index. A compulsory meeting will be convened by both parties (Metrorail KZN and the Contractor) to determine the price adjustment. Page 3 SECTION 2 NOTICE TO BIDDERS 1. RESPONSES TO RFQ Responses to this RFQ [Quotations] must not include documents or reference relating to any other quotation or proposal. Any additional conditions must be embodied in an accompanying letter. Proposals must reach the PRASA before the closing hour on the date shown on SBD1 above, PREQUALIFICATION / ELIGIBILITY CRITERIA 2.1 Only those Respondents who satisfy the following pre-qualification or eligibility criteria are eligible to submit quotations as per section 3. 3 CIDB Grading- N/A Only those Respondents who are registered with the CIDB, or are capable of being so prior to the submission of the quotation, in a contractor grading designation equal to or higher than a contractor grading designation determined in accordance with the sum tendered or a value determined in accordance with Regulation 25 (1B) or 25(7A) of the Construction Industry Development Regulations, for a ……….. or higher class of construction works, are eligible to have their quotations evaluated. Joint ventures are eligible to submit tenders provided that:  every member of the joint venture is registered with the CIDB;  the lead partner has a contractor grading designation in the 9CE class of construction work; and  the combined Contractor grading designation calculated in accordance with the Construction Industry Development Regulations is equal to or higher than a Contractor grading designation determined in accordance with the sum quoted for a …. class of construction works or a value determined in accordance with Regulation 25(1B) or 25(7A) of the Construction Industry Development Regulations 4 COMMUNICATION Respondent/s are warned that a response will be liable for disqualification should any attempt be made either directly or indirectly to canvass any SCM Officer(s) or PRASA employee in respect of this RFQ between the closing date and the date of the award of the business. 5 LEGAL COMPLIANCE The successful Respondent shall be in full and complete compliance with any and all applicable national and local laws and regulations. 6 CHANGES TO QUOTATIONS Changes by the Respondent to its submission will not be considered after the closing date and time. 7 PRICING All prices must be quoted in South African Rand on a fixed price basis, including VAT. 8 BINDING OFFER Any Quotation furnished pursuant to this Request shall be deemed to be an offer. Any exceptions to this statement must be clearly and specifically indicated. Page 4 9 DISCLAIMERS PRASA is not committed to any course of action as a result of its issuance of this RFQ and/or its receipt of a Quotation in response to it. Please note that PRASA reserves the right to:  Modify the RFQ’s goods / service(s) and request Respondents to re-bid on any changes; (NOT APPLICABLE)  Reject any Quotation which does not conform to instructions and specifications which are detailed herein;  Disqualify Quotations submitted after the stated submission deadline;  Not necessarily accept the lowest priced Quotation or an alternative bid;  Bids lodged at the incorrect venue that reach the correct venue late will be regarded as late.  Reject all Quotations, if it so decides;  Place an order in connection with this Quotation at any time after the RFQ’s closing date;  Make no award at all.  Award only a portion of the proposed goods / service/s which are reflected in the scope of this RFQ;  split the award of the order/s between more than one Supplier/Service Provider should it at PRASA’s discretion be more advantageous in terms of, amongst others, cost or developmental consideration; or Should a contract be awarded on the strength of information furnished by the Respondent, which after conclusion of the contract, is proved to have been incorrect, PRASA reserves the right to cancel the contract. PRASA reserves the right to award business to the highest scoring bidder/s unless objective criteria justify the award to another Respondent. Should the preferred fail to sign or commence with the contract within a reasonable period after being requested to do so, PRASA reserves the right to award the business to the next highest ranked Respondent provided that he/she is still prepared to provide the required goods at the quoted price. 10 LEGAL REVIEW A Proposal submitted by a Respondent will be subjected to review and acceptance or rejection of its proposed contractual terms and conditions by PRASA’s Legal Counsel, prior to consideration for an award of business. 11 NATIONAL TREASURY’S CENTRAL SUPPLIER DATABASE Respondents are required to self-register on National Treasury’s Central Supplier Database (CSD) which has been established to centrally administer supplier information for all organs of state and facilitate the verification of certain key supplier information. PRASA is required to ensure that price quotations are invited and accepted from prospective bidders listed on the CSD. Business may not be awarded to a respondent who has failed to register on the CSD. Only foreign suppliers with no local registered entity need not register on the CSD. The CSD can be accessed at https://secure.csd.gov.za/. 12 PROTECTION OF PERSONAL DATA In responding to this bid, PRASA acknowledges that it may obtain and have access to personal data of the Respondents. PRASA agrees that it shall only process the information disclosed by Respondents in their response to this bid for the purpose of evaluating and subsequent award of business and in accordance with any applicable law. Furthermore, PRASA will not otherwise modify, amend or alter any personal data submitted by Respondents or disclose or permit the disclosure of any personal data to any Third Party without the prior written consent from the Respondents. Similarly, PRASA requires Respondents to process any personal information disclosed by PRASA in the bidding process in the same manner. 13 EVALUATION METHODOLOGY PRASA will utilise the following criteria [not necessarily in this order] in choosing a Supplier/Service Provider, if so required: Page 5 14 ADMINISTRATIVE RESPONSIVENESS The test for administrative responsiveness will include completeness of response and whether all returnable and/or required documents, certificates; verify completeness of warranties and other bid requirements and formalities have been complied with. Incomplete Bids will be disqualified. 15 VALIDITY PERIOD 15.1 PRASA requires a validity period of 60 Business Days from the closing date. 15.2 Respondents are to note that they may be requested to extend the validity period of their response, on the same terms and conditions, if the internal processes are not finalized within the validity period. However, once the adjudication body has approved the process and award of the business to the successful respondent(s), the validity of the successful respondent(s)’ response will be deemed to remain valid until a final contract has been concluded. 16 DISCLOSURE OF PRICES QUOTED Respondents are to note that, on award of business, PRASA is required to publish the prices and preferences claimed of the successful and unsuccessful Respondents inter alia on the National Treasury e-Tender Publication Portal, (www.etenders.gov.za), on CIDB website for construction related RFQ’s. 17 RETURNABLE DOCUMENTS Returnable Documents means all the documents, Sections and Annexures, as listed in the tables below. There are three types of returnable documents as indicated below and Respondents are urged to ensure that these documents are returned with the quotation based on the consequences of non-submission as indicated below: 18 Mandatory Returnable Documents Failure to provide all these Mandatory Returnable Documents at the Closing Date and time of this RFQ will result in a Respondent’s disqualification. Respondents are therefore urged to ensure that all these Documents are returned with their Quotations. ___________________________________________________________________________ SECTION 3 1 EVALUATION CRITERIA: Stage1 & Stage2: Adherence to Prequalification requirements and Compliance checklist NB: Compliance Checklist Requirements for all Services/Goods and works Only Respondents who satisfy the following Pre-Qualification Criteria will be considered for next stage of the evaluation: No. Description of requirement a) Minimum B-BBEE level [Delete if not applicable] b) Exempted Micro Enterprises (EMEs) and/or Qualifying Small Delete if not applicable] c) Declaration document for local content and production SBD 6.2 Delete if not applicable] d) Annexure C – Local Content Declaration – Summary Schedule N/A N/A N/A N/A If you do not submit the following mandatory documents your Proposal/Quote will be disqualified automatically: No. a) b) c) d) e) Description of requirement Price Schedule / Pricing form Completion of ALL RFQ declarations Joint Venture / Consortium agreement / Trust Deed (if applicable) Proof of CIDB grading of 2GB or higher – Attendance certificate of compulsory briefing session ( if applicable)- N/A N/A Page 6 The following documents are non-mandatory and where not submitted, Prasa may request the documents and must be made available at the time of request: No. a) b) c) Description of requirement Company Registration Documents Copies of Directors’ ID documents; Valid BBBEE Certificate from a SANAS accredited rating agency (Original or Certified) or affidavit signed by the Commissioner of Oath d) e) Valid Tax Clearance Certificate (must be valid on closing date of submission of the proposal) and SARS Issued Pin CSD report / CSD reference number f) g) h) i) j) Proof of UIF registration Annexure D – Imported Content Declaration – Supporting Schedule to Annex C Annexure E – Local Content Declaration – Supporting Schedule to Annex C Proof of Bank Account (i.e. cancelled cheque or letter issued by the bank) Valid and Original, or certified copy of Letter of Good Standing (COID) N/A 2.1 Stage 3 Technical / Functionality Requirements (N/A) Scoring of Functionality: The minimum threshold for Technical/functionality criteria is 70% and bidders who score below this minimum will not be considered for further evaluation in terms of price and B-BBEE. CRITERIA WEIGHT SCORES 2.2 Stage4- Price and B-BBEE Evaluation criteria BBBEE Price TOTAL PS = 80 (1 − Where: Ps = Pt = Pmin= Weighting 20 80 100 Pt−Pmin ) Pmin Score for the Bid under consideration Price of Bid under consideration Price of lowest acceptable Bid Evaluation of Preference Evaluation and final weighted scoring a) Broad-Based Black Economic Empowerment criteria [weighted score 20 points] Preference Points will be awarded to a bidder for attaining the B-BBEE status level contribution in accordance with the table indicated in Section 8 B-BBEE claim form. Page 7 SECTION 4 PRICING AND DELIVERY SCHEDULE Respondents are required to complete the attached Pricing Schedule Annexure: (See BOQ) 1 Prices must be quoted in South African Rand, inclusive of VAT. 2 Price offer is firm and clearly indicate the basis thereof. 3 Pricing Bill of Quantity is completed in line with schedule if applicable. 4 Cost breakdown must be indicated. 5 Price escalation basis and formula must be indicated. 6 To facilitate like-for like comparison bidders must submit pricing strictly in accordance with this price schedule and not utilise a different format. Deviation from this pricing schedule could result in a bid being declared nonresponsive. 7 Please note that should you have offered a discounted price(s), PRASA will only consider such price discount(s) in the final evaluation stage on an unconditional basis. 8 Respondents are to note that if price offered by the highest scoring bidder is not market related, PRASA may not award the contract to the Respondent. PRASA may: 9 negotiate a market-related price with the Respondent scoring the highest points or cancel the RFQ; 10 if that Respondent does not agree to a market-related price, negotiate a market-related price with the Respondent scoring the second highest points or cancel the RFQ; 11 If a market-related price is not agreed with the Respondent scoring the third highest points, PRASA must cancel the RFQ. 12 If the Respondent scoring the second highest points does not agree to a market-related price, negotiate a market-related price with the Respondent scoring the third highest points or cancel the RFQ. I / We ______________________________________________________________ (Insert Name of Bidding Entity) of _________________________________________________________________________________________ _____________________________________________________________________ code _________________ (Full address) conducting business under the style or title of: ________________________________________ represented by: ________________________________________________________________ in my capacity as: ____________________________________________________________________ being duly authorised, hereby offer to undertake and complete the above-mentioned work/services at the prices quoted in the bills of quantities / schedule of quantities or, where these do not form part of the contract, at a lumpsum, of R _____________________________________________(amount in numbers); _______________________________________________________________________________________(amount in words) Incl. VAT. DELIVERY PERIOD: Suppliers are requested to offer their earliest delivery period possible. Delivery will be effected within ___________working days from date of order. (To be completed by Service provider) Page 8 SECTION 5 PRASA GENERAL CONDITIONS OF PURCHASE General PRASA and the Supplier enter into an order/contract on these conditions to supply the items (goods/services/works) as described in the order/contract. Conditions These conditions form the basis of the contract between PRASA and the Supplier. Notwithstanding anything to the contrary in any document issued or sent by the Supplier, these conditions apply except as expressly agreed in writing by PRASA. No servant or agent of PRASA has authority to vary these conditions orally. These general conditions of purchase are subject to such further special conditions as may be prescribed in writing by PRASA in the order/contract. Local Content Obligations Respondents are to note that the Local Content commitments made by the successful Respondent(s) will be incorporated as a term of the contract and monitored for compliance. Should the successful Respondent fail to meet its Local obligations, non-compliance penalties shall be applicable. Breach of Local Content obligations also provide PRASA cause to terminate the contract in certain cases where material non-compliance with Local Content requirements are not achieved. Price and payment The price or rates for the items stated in the order/contract may include an amount for price adjustment, which is calculated in accordance with the formula stated in the order/contract. The Supplier may be paid in one currency other than South African Rand. Only one exchange rate is used to convert from this currency to South African Rand. Payment to the Supplier in this currency other than South African Rand, does not exceed the amounts stated in the order/contract. PRASA pays for the item within 30 days of receipt of the Suppliers correct tax invoice. Delivery and documents The Supplier’s obligation is to deliver the items on or before the date stated in the order/contract. Late deliveries or late completion of the items may be subject to a penalty if this is imposed in the order/contract. No payment is made if the Supplier does not provide the item as stated in order/contract. Where items are to be delivered the Supplier: Clearly marks the outside of each consignment or package with the Supplier’s name and full details of the destination in accordance with the order and includes a packing note stating the contents thereof; On dispatch of each consignment, sends to PRASA at the address for delivery of the items, an advice note specifying the means of transport, weight, number of volume as appropriate and the point and date of dispatch; Sends to PRASA a detailed priced invoice as soon as is reasonably practical after dispatch of the items, and states on all communications in respect of the order the order number and code number (if any). Containers / packing material Unless otherwise stated in the order/contract, no payment is made for containers or packing materials or return to the Supplier. Title and risk Without prejudice to rights of rejection under these conditions, title to and risk in the items passes to PRASA when accepted by PRASA. Rejection If the Supplier fails to comply with his obligations under the order/contract, PRASA may reject any part of the items by giving written notice to the Supplier specifying the reason for rejection and whether and within what period replacement of items or re-work are required. In the case of items delivered, PRASA may return the rejected items to the Supplier at the Supplier’s risk and expense. Any money paid to the Supplier in respect of the items not replaced within the time required, together with the costs of returning rejected items to the Supplier and obtaining replacement items from a third party, are paid by the Supplier to PRASA. In the case of service, the Supplier corrects non-conformances as indicated by PRASA. Page 9 Warranty Without prejudice to any other rights of PRASA under these conditions, the Supplier warrants that the items are in accordance with PRASA’s requirements, and fit for the purpose for which they are intended, and will remain free from defects for a period of one year (unless another period is stated in the Order) from acceptance of the items by PRASA. Indemnity The Supplier indemnifies PRASA against all actions, suits, claims, demands, costs, charges and expenses arising in connection therewith arising from the negligence, infringement of intellectual or legal rights or breach of statutory duty of the Supplier, his subcontractors, agents or servants, or from the Supplier’s defective design, materials or workmanship. The Supplier indemnifies PRASA against claims, proceedings, compensation and costs payable arising out of infringement by the Supplier of the rights of others, except an infringement which arose out of the use by the Supplier of things provided by PRASA. Assignment and sub-contracting The Supplier may not assign or subcontract any part of this order/contract without the written consent of PRASA. Termination PRASA may terminate the order/contract at any time (without prejudice to any right of action or remedy which has accrued or thereafter accrues to PRASA): If the Supplier defaults in due performance of the order/contract, or if the Supplier becomes bankrupt or otherwise is, in the opinion of PRASA, in such financial circumstances as to prejudice the proper performance of the order/contract, or for any other reason in which case the Supplier will be compensated for all costs incurred. Governing law The order/contract is governed by the law of the Republic of South Africa and the parties hereby submit to the nonexclusive jurisdiction of the South African courts. ___________________________________________________________________________ SECTION 6 1. - 2. 2.1 2.2 DECLARATION OF INTEREST SBD4 Any legal person, including persons employed by the state*, or persons having a kinship with persons employed by the state, including a blood relationship, may make an offer or offers in terms of this invitation to bid (includes a price quotation, advertised competitive bid, limited bid or proposal). In view of possible allegations of favouritism, should the resulting bid, or part thereof, be awarded to persons employed by the state, or to persons connected with or related to them, it is required that the bidder or his/her authorised representative declare his/her position in relation to the evaluating/adjudicating authority and/or take an oath declaring his/her interest, wherethe 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. In order to give effect to the above, the following questionnaire must be completed and submitted with the bid. Full Name of bidder or his or her representative: ____________________________________________________ Identity Number: ____________________________________________________ Page 10 2.3 2.4 2.5 2.6 (a) (b) (c) (d) (e) 2.7 2.7.1 2.8 Position occupied in the Company (director, shareholder etc): ____________________________________________________ Company Registration Number: ____________________________________________________ Tax Reference Number: ____________________________________________________ VAT Registration Number: ____________________________________________________ * “State” means – 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); any municipality or municipal entity; Provincial legislature; National Assembly or the national Council of provinces; or Parliament. Are you or any person connected with the bidder presently employed by the state? YES / NO If so, furnish the following particulars: Name of person / director / shareholder/ member: ____________________________________________________ Name of state institution to which the person is connected: _________________________________________________ Position occupied in the state institution: ____________________________________________________ Any other particulars: ____________________________________________________ ____________________________________________________ ____________________________________________________ Did you or your spouse, or any of the company’s directors YES / NO shareholders / members or their spouses conduct business with the state in the previous twelve months? DECLARATION I, THE UNDERSIGNED (NAME____________________________________________________ CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPHS 2.1 TO 2.8 ABOVE IS CORRECT. I ACCEPT THAT THE STATE MAY ACT AGAINST ME IN TERMS OF PRASA’S GENERAL CONDITIONS OF TENDER AS STIPULATED IN THE RFQ SHOULD THIS DECLARATION PROVE TO BE FALSE. __________________________________________ SIGNATURE __________________________________________ POSITION ___________________________________________ DATE ___________________________________________ NAME OF BIDDER Page 11 SECTION 8 B-BBEE PREFERENCE POINTS CLAIM FORM This preference form must form part of all bids invited. It contains general information and serves as a claim for preference points for Broad-Based Black Economic Empowerment [B-BBEE] Status Level of Contribution. NB: BEFORE COMPLETING THIS FORM, BIDDERS MUST STUDY THE GENERAL CONDITIONS, DEFINITIONS AND DIRECTIVES APPLICABLE IN RESPECT OF B-BBEE, AS PRESCRIBED IN THE PREFERENTIAL PROCUREMENT REGULATIONS, 2017. 1. GENERAL CONDITIONS 1.1 The following preference point systems are applicable to all bids: the 80/20 system for requirements with a Rand value of up to R50 000 000 (all applicable taxes included); and 1.2 The value of this bid is estimated to not exceed R50 000 000 (all applicable taxes included) and therefore the preference point system shall be applicable. 1.3 Either the 80/20 preference point system shall be applicable to this bid. 1.4 Preference points for this bid shall be awarded for: (a) Price; and (b) B-BBEE Status Level of Contribution. 1.5 The maximum points for this bid are allocated as follows: POINTS PRICE 80 B-BBEE STATUS LEVEL OF CONTRIBUTION 20 Total points for Price and B-BBEE must not exceed 100 1.5.1 Failure on the part of a bidder to submit a B-BBEE Verification Certificate from a Verification Agency accredited by the South African Accreditation System [SANAS], or a sworn affidavit confirming annual turnover and level of black ownership in case of all EMEs and QSEs with 51% black ownership or more together with the bid, will be interpreted to mean that preference points for B-BBEE status level of contribution are not claimed. 1.6 The purchaser reserves the right to require of a bidder, either before a bid is adjudicated or at any time subsequently, to substantiate any claim in regard to preferences, in any manner required by the purchaser. 2. DEFINITIONS 2.1 “all applicable taxes” includes value-added tax, pay as you earn, income tax, unemployment insurance 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 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 Empowerment Act; 2.4 “bid” means a written offer in a prescribed or stipulated form in response to an invitation by an organ of state for the provision of services, works or goods, through price quotations, advertised competitive bidding processes or proposals; 2.5 “Black designated group” has meaning assigned to it in codes of good practice issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act. 2.6 “Black People” meaning assigned to in Section 1 of Broad-Based Black Economic Empowerment Act. 2.7 “Broad-Based Black Economic Empowerment Act” means the Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003); 2.8 “CIPC” means the Companies and Intellectual Property Commission, formerly known as CIPRO, the Companies and Intellectual Property Registration Office. 2.9 “comparative price” means the price after the factors of a non-firm price and all unconditional discounts that can be utilized have been taken into consideration; Page 12 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 “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; “contract” means the agreement that results from the acceptance of a bid by an organ of state; “co-operative” means a co-operative registered in terms of section 7 of Cooperatives Act, 2005 (Act No. 14 of 2005) “Designated Group” means - i) Black designated groups; ii) Black People; iii) Women; iv) people with disabilities or v) Small enterprise, as defined in Section 1 of National Small Enterprise Act, (102 of 1996) “Designated Sector” means, sub-sector or industry or product designated in terms of regulation 8(1)(a) “EME” means an Exempted Micro Enterprise as defines by Codes of Good Practice under section 9 (1) of the Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003); “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; “functionality” means the ability of a bidder to provide goods or services in accordance with specification as set out in the bid documents; “Military Veteran” has meaning assigned to it in Section 1 of Military Veterans Act, 2011 (Act No. 18 of 2011); “National Treasury” has meaning assigned to it in Section 1 of Public Finance Management Act, 1999 (Act No. 1 of 1999); “non-firm prices” means all prices other than “firm” prices; “person” includes a juristic person; “People with disabilities” meaning assigned to it in terms of Section 1 of Employment Equity Act, 1998 (Act No. 55 of 1998) “Price” includes all applicable taxes less all unconditional discounts. “Proof of B-BBEE Status Level of Contributor” i) the B-BBBEE status level certificate issued by an unauthorised body or person; ii) a sworn affidavit as prescribed by the B-BBEE Codes of Good Practice; or iii) any other requirement prescribed in terms of the Broad- Based Black Economic Empowerment Act. “Rural Area” i) a sparsely populated area in which people farm or depend on natural resources, including villages and small towns that are dispersed through the area; or ii) an area including a large settlement which depends on migratory labour and remittances and government social grants for survival, and may have traditional land tenure system. “QSE” means a Qualifying Small Enterprise as defines by Codes of Good Practice under section 9 (1) of the Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003); “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; “sub-contract” means the primary contractor’s assigning, leasing, making out work to, or employing, another person to support such primary contractor in the execution of part of a project in terms of the contract; “total 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 2007; “Township” means an urban living area that any time from the late 19th century until 27 April 1994, was reserved for black people, including areas developed for historically disadvantaged individuals post 27 April 1994 “Treasury” meaning assigned to it in Section 1 of the Public Finance Management Act, 1999 (Act No. 1 of 1999) “trust” 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 “trustee” 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. Page 13 2.34 3. 3.1 3.2 3.3 3.4 3.5 3.6 4. 4.1 “Youth” meaning assigned to it in terms of Section 1 of National youth Development Agency Act, 2008 (Act No. 54 of 2008). ADJUDICATION USING A POINT SYSTEM The bidder obtaining the highest number of total points will be awarded the contract. 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. Points scored must be rounded off to the nearest 2 decimal places. 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. 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 functionality. Should two or more bids be equal in all respects, the award shall be decided by the drawing of lots. POINTS AWARDED FOR PRICE THE 80/20 PREFERENCE POINT SYSTEMS A maximum of 80 points is allocated for price on the following basis: 80/20 Pt  P min   Ps  801   P min   Where Ps = Points scored for comparative price of bid under consideration Pt = Comparative price of bid under consideration Pmin = Comparative price of lowest acceptable bid POINTS AWARDED FOR B-BBEE STATUS LEVEL OF CONTRIBUTION 4.2 In terms of Regulation 6 (2) and 7 (2) of the Preferential Procurement Regulations, preference points must be awarded to a bidder for attaining the B-BBEE status level of contribution in accordance with the table below: B-BBEE Status Contributor Level 1 2 3 4 5 6 7 8 Non-compliant contributor 4.3 4.4 of Number of points (80/20 system) 20 18 14 12 8 6 4 2 0 A bidder who qualifies as an EME in terms of the B-BBEE Act must submit a sworn affidavit confirming Annual Total Revenue and Level of Black Ownership. Furthermore EMEs may also obtain a sworn affidavit from CIPC (formerly CIPRO) Self Service Terminals when registering business or filing annual returns. In these instances PRASA would require proof of turnover as well as proof of ownership. Sworn affidavits must substantially comply with the format that can be obtained on the DTI’s website at www.dti.gov.za/economic_empowerment/bee_codes.jsp. QSEs that are at least 51% Black owned or higher are only required to obtain a sworn affidavit on an annual basis confirming that the entity has an Annual Total Revenue of R50 million or less and the entity’s Level of Black ownership. Page 14 4.5 A Bidder other than EME or a QSE that is at least 51% Black owned must submit their original and valid BBBEE status level verification certificate or a certified copy thereof, substantiating their B-BBEE rating a Verification Agency accredited by SANAS. 4.6 A trust, consortium or joint venture (including unincorporated consortia and joint ventures) must submit a consolidated B-BBEE Status Level verification certificate for every separate bid. 4.7 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. 4.8 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. 4.9 A person awarded a contract may not sub-contract more than 25% of the value of the contract to any other enterprise that does not have an equal or higher B-BBEE status level than the person concerned, unless the contract is sub-contracted to an EME that has the capability and ability to execute the sub-contract. 4.10 Bidders are to note that the rules pertaining to B-BBEE verification and other B-BBEE requirements may be changed from time to time by regulatory bodies such as National Treasury or the DTI. It is the Bidder’s responsibility to ensure that his/her bid complies fully with all B-BBEE requirements at the time of the submission of the bid. 5. BID DECLARATION 5.1 Bidders who claim points in respect of B-BBEE Status Level of Contribution must complete the following: 5.1.1 B-BBEE STATUS LEVEL OF CONTRIBUTION CLAIMED IN TERMS OF PARAGRAPHS 1.4 AND 5.1 5.2 B-BBEE Status Level of Contribution: . = ____________________(maximum of 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 a sworn affidavit. 6. SUB-CONTRACTING 6.1 Will any portion of the contract be sub-contracted? (Tick applicable box) YES NO 6.1.1 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. (Tick applicable box) YES NO v) Specify, by ticking the appropriate box, if subcontracting with an enterprise in terms of Preferential Procurement Regulations,2017: Designated Group: An EME or QSE which is at last 51% owned by: EME √ QSE √ Black people Black people who are youth Black people who are women Black people with disabilities Black people living in rural or underdeveloped areas or townships Cooperative owned by black people Black people who are military veterans OR Any EME Any QSE Page 15 7. 7.1 7.2 7.3 7.4 DECLARATION WITH REGARD TO COMPANY/FIRM Name of company/firm: __________________________________________________ VAT registration number: __________________________________________________ Company registration number: __________________________________________________ TYPE OF COMPANY/ FIRM  Partnership/Joint Venture / Consortium  One person business/sole propriety  Close corporation  Company  (Pty) Limited [TICK APPLICABLE BOX] 7.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES _________________________________________________________________________________________ _________________________________________________________________________________________ COMPANY CLASSIFICATION  Manufacturer  Supplier  Professional service provider  Other service providers, e.g. transporter, etc. [TICK APPLICABLE BOX] 7.6 7.7 Total number of years the company/firm has been in business: ______________________________ 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 that: i) The information furnished is true and correct; ii) The preference points claimed are in accordance with the General Conditions as indicated in paragraph 1 of this form; iii) In the event of a contract being awarded as a result of points claimed as shown in paragraph 7, the contractor may be required to furnish documentary proof to the satisfaction of the iv) purchaser that the claims are correct; v) If a bidder submitted false information regarding its B-BBEE status level of contributor, local production and content, or any other matter required in terms of the Preferential Procurement Regulations, 2017 which will affect or has affected the evaluation of a bid, or where a bidder has failed to declare any subcontracting arrangements or any of the conditions of contract have not been fulfilled, the purchaser may, in addition to any other remedy it may have. (a) disqualify the person from the bidding process; (b) recover costs, losses or damages it has incurred or suffered as a result of that person’s conduct; (c) cancel the contract and claim any damages which it has suffered as a result of having to make less favourable arrangements due to such cancellation; (d) if the successful bidder subcontracted a portion of the bidder to another person without disclosing it, PRASA reserves the right to penalise the bidder up to 10 percent of the value of the contract; (e) recommend that the bidder or contractor, its shareholders and directors, or only the shareholders and directors who acted on a fraudulent basis, be restricted by the National Treasury from obtaining business from any organ of state for a period not exceeding 10 years, after the audi alteram partem (hear the other side) rule has been applied; and (f) forward the matter for criminal prosecution. Page 16 WITNESSES 1. __________________________________ 2. __________________________________ ___________________________________ SIGNATURE(S) OF BIDDERS(S) DATE: ______________________________ ADDRESS ___________________________ ___________________________ ___________________________ ___________________________________________________________________________ SBD 6.2 NOT APPLICABLE DECLARATION CERTIFICATE FOR LOCAL PRODUCTION AND CONTENT FOR DESIGNATED SECTORS This Standard Bidding Document (SBD) must form part of all bids invited. It contains general information and serves as a declaration form for local content (local production and local content are used interchangeably). Before completing this declaration, bidders must study the General Conditions, Definitions, Directives applicable in respect of Local Content as prescribed in the Preferential Procurement Regulations, 2017, the South African Bureau of Standards (SABS) approved technical specification number SATS 1286:2011 (Edition 1) and the Guidance on the Calculation of Local Content together with the Local Content Declaration Templates [Annex C (Local Content Declaration: Summary Schedule), D (Imported Content Declaration: Supporting Schedule to Annex C) and E (Local Content Declaration: Supporting Schedule to Annex C)]. 1. General Conditions 1.1. Preferential Procurement Regulations, 2017 (Regulation 8) make provision for the promotion of local production and content. Regulation 8.(2) prescribes that in the case of designated sectors, organs of state must advertise such tenders with the specific bidding condition that only locally produced or manufactured goods, with a stipulated minimum threshold for local production and content will be considered. Where necessary, for tenders referred to in paragraph 1.2 above, a two stage bidding process may be followed, where the first stage involves a minimum threshold for local production and content and the second stage price and B-BBEE. A person awarded a contract in relation to a designated sector, may not sub-contract in such a manner that the local production and content of the overall value of the contract is reduced to below the stipulated minimum threshold. The local content (LC) expressed as a percentage of the bid price must be calculated in accordance with the SABS approved technical specification number SATS 1286: 2011 as follows: 1.2. 1.3. 1.4. 1.5. LC = [1 - x / y] * 100 Where x is the imported content in Rand y is the bid price in Rand excluding value added tax (VAT) Prices referred to in the determination of x must be converted to Rand (ZAR) by using the exchange rate published by South African Reserve Bank (SARB) at 12:00 on the date of advertisement of the bid as indicated in paragraph 4.1 below. The SABS approved technical specification number SATS http:/www.thedti.gov.za/industrial development/ip.jsp at no cost. 1286:2011 is accessible on Page 17 1.6. 2. A bid may be disqualified if this Declaration Certificate and the Annex C (Local Content Declaration: Summary Schedule) are not submitted as part of the bid documentation; The stipulated minimum threshold(s) for local production and content (refer to Annex A of SATS 1286:2011) for this bid is/are as follows: Minimum Threshold for Local Content 3. Does any portion of the goods or services offered have any imported content? (Tick applicable box) YES 3..1 NO If yes, the rate(s) of exchange to be used in this bid to calculate the local content as prescribed in paragraph 1.5 of the general conditions must be the rate(s) published by SARB for the specific currency at 12:00 on the date of advertisement of the bid. The relevant rates of exchange information is accessible on www.reservebank.co.za Indicate the rate(s) of exchange against the appropriate currency in the table below (refer to Annex A of SATS 1286:2011): Currency US Dollar Pound Sterling Euro Yen Other Rates of exchange NB: Bidders must submit proof of the SARB rate (s) of exchange used. 3. Where, after the award of a bid, challenges are experienced in meeting the stipulated minimum threshold for local content the dti must be informed accordingly in order for the dti to verify and in consultation with the AO/AA provide directives in this regard. Page 18 LOCAL CONTENT DECLARATION (NOT APPLICABLE) (REFER TO ANNEX B OF SATS 1286:2011) LOCAL CONTENT DECLARATION BY CHIEF FINANCIAL OFFICER OR OTHER LEGALLY RESPONSIBLE PERSON NOMINATED IN WRITING BY THE CHIEF EXECUTIVE OR SENIOR MEMBER/PERSON WITH MANAGEMENT RESPONSIBILITY (CLOSE CORPORATION, PARTNERSHIP OR INDIVIDUAL) IN RESPECT OF BID NO. ___________________________ ISSUED BY: (Procurement Authority / Name of Institution): ___________________________ NB 1 The obligation to complete, duly sign and submit this declaration cannot be transferred to an external authorized representative, auditor or any other third party acting on behalf of the bidder. 2 Guidance on the Calculation of Local Content together with Local Content Declaration Templates (Annex C, D and E) is accessible on http://www.thdti.gov.za/industrial development/ip.jsp. Bidders should first complete Declaration D. After completing Declaration D, bidders should complete Declaration E and then consolidate the information on Declaration C. Declaration C should be submitted with the bid documentation at the closing date and time of the bid in order to substantiate the declaration made in paragraph (c) below. Declarations D and E should be kept by the bidders for verification purposes for a period of at least 5 years. The successful bidder is required to continuously update Declarations C, D and E with the actual values for the duration of the contract. I, the undersigned, ______________________________________________________ (full names), do hereby declare, in my capacity as _______________________________________________ of __________________________________________________________________ (name of bidder entity), the following: (a) The facts contained herein are within my own personal knowledge. (b) I have satisfied myself that: (i) the goods/services/works to be delivered in terms of the above-specified bid comply with the minimum local content requirements as specified in the bid, and as measured in terms of SATS 1286:2011; and (c) The local content percentage (%) indicated below has been calculated using the formula given in clause 3 of SATS 1286:2011, the rates of exchange indicated in paragraph 4.1 above and the information contained in Declaration D and E which has been consolidated in Declaration C: Bid price, excluding VAT (y) R Imported content (x), as calculated in terms of SATS 1286:2011 R Stipulated minimum threshold for local content (paragraph 3 above) Local content %, as calculated in terms of SATS 1286:2011 If the bid is for more than one product, the local content percentages for each product contained in Declaration C shall be used instead of the table above. The local content percentages for each product has been calculated using the formula given in clause 3 of SATS 1286:2011, the rates of exchange indicated in paragraph 4.1 above and the information contained in Declaration D and E. (d) I accept that the Procurement Authority / Institution have the right to request that the local content be verified in terms of the requirements of SATS 1286:2011. (e) I understand that the awarding of the bid is dependent on the accuracy of the information furnished in this application. I also understand that the submission of incorrect data, or data that are not verifiable as described in SATS 1286:2011, may result in the Procurement Authority / Institution imposing any or all of the Page 19 remedies as provided for in Regulation 14 of the Preferential Procurement Regulations, 2017 promulgated under the Preferential Policy Framework Act (PPPFA), 2000 (Act No. 5 of 2000). SIGNATURE: DATE: _________________ WITNESS No. 1 DATE: _________________ WITNESS No. 2 DATE: _________________ Page 20 SECTION 9 CERTIFICATE OF ATTENDANCE OF COMPULSORY RFQ BRIEFING- N/A It is hereby certified that _________________________________________________________Representative(s) of _____________________________________________________________[name of entity[ has attended the RFQ Briefing session to which this enquiry relates. FOR / ON BEHALF OF PRASA DESIGNATION Name ________________________ ______________________________________ Signature ______________________ Acknowledgement It is hereby certified that the bidder has acquainted himself /themselves with the RFQ enquiry THUS DONE and SIGNED at ________________________ on this _____ day of ________ 2020 DULY AUTHORISED SIGNATORY (IES) WITNESSES Signature ____________________________ Name ______________________________ Signature _____________________________ Name_______________________________ Page 21 SECTION 10 SBD 8 DECLARATION OF COMPANY’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES This Standard Company Document must form part of all RFQs 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 system. 3 The RFQ of any Company may be disregarded if that Company, or any of its directors havea. abused the institution’s supply chain management system; b. committed fraud or any other improper conduct in relation to such system; or c. failed to perform on any previous contract. 4 In order to give effect to the above, the following questionnaire must be completed and submitted with the RFQ. Item Question Yes No 4.1 Is the Company or any of its directors listed on the National Treasury’s Database of Yes No Restricted Suppliers 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 Accounting Officer/Authority of the institution that imposed the restriction after the audi alteram partem rule was applied). The Database of Restricted Suppliers now resides on the National Treasury’s website (www.treasury.gov.za) and can be accessed by clicking on its link at the bottom of the home page. 4.1.1 If so, furnish particulars: 4.2 Is the Company or any of its directors listed on the Register for Tender Yes No Defaulters in terms of section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004)? The Register for Tender Defaulters can be accessed on the National Treasury’s website (www.treasury.gov.za) by clicking on its link at the bottom of the home page. 4.2.1 If so, furnish particulars: 4.3 Was the Company or any of its directors convicted by a court of law Yes No (including a court outside of the Republic of South Africa) for fraud or corruption during the past five years? 4.3.1 If so, furnish particulars: 4.4 Was any contract between the Company and any organ of state terminated Yes No during the past five years on account of failure to perform on or comply with the contract? 4.4.1 If so, furnish particulars: 1 2 CERTIFICATION I, THE UNDERSIGNED (FULL NAME) _____________________________________________________ CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM IS TRUE AND CORRECT. I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT, ACTION MAY BE TAKEN AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE. _____________________________________ Signature _____________________________________ Position _________________________________ Date _________________________________ Name of Company Page 22 SECTION 11 SBD 9 CERTIFICATE OF INDEPENDENT RFQ DETERMINATION 1. This Standard Company Document (SBD) must form part of all RFQs¹ invited. 2. Section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998, as amended, prohibits an agreement between, or concerted practice by, firms, or a decision by an association of firms, if it is between parties in a horizontal relationship and if it involves collusive Company (or RFQ rigging).² Collusive Company is a pe se prohibition meaning that it cannot be justified under any grounds. 3. Treasury Regulation 16A9 prescribes that accounting officers and accounting authorities must take all reasonable steps to prevent abuse of the supply chain management system and authorizes accounting officers and accounting authorities to: a. disregard the RFQ of any Company if that Company, 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 Company process or the execution of that contract. 4. This SBD serves as a certificate of declaration that would be used by institutions to ensure that, when RFQs are considered, reasonable steps are taken to prevent any form of RFQ-rigging. 5. In order to give effect to the above, the attached Certificate of RFQ Determination (SBD 9) must be completed and submitted with the RFQ: ¹ Includes price quotations, advertised competitive RFQs, limited RFQs and proposals. ² RFQ rigging (or collusive Company) 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 Company process. RFQ rigging is, therefore, an agreement between competitors not to compete. CERTIFICATE OF INDEPENDENT RFQ DETERMINATION I, the undersigned, in submitting the accompanying RFQ: ______________________________________ (Quotation Number and Description) in response to the invitation for the RFQ made by: ________________________________ ________________________________________________________________ (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: _______________________________________________________(Name of Company) that: 1. I have read and I understand the contents of this Certificate; 2. I understand that the accompanying RFQ will be disqualified if this Certificate is found not to be true and complete in every respect; I am authorized by the Company to sign this Certificate, and to submit the accompanying RFQ, on behalf of the Company; 3. Each person whose signature appears on the accompanying RFQ has been authorized by the Company to determine the terms of, and to sign the RFQ, on behalf of the Company; 4. For the purposes of this Certificate and the accompanying RFQ, I understand that the word “competitor” shall include any individual or organization, other than the Company, whether or not affiliated with the Company, who: a. has been requested to submit a RFQ in response to this RFQ invitation; b. could potentially submit a RFQ in response to this RFQ invitation, based on their qualifications, abilities or experience; and c. provides the same goods and services as the Company and/or is in the same line of business as the Company 5. The Company has arrived at the accompanying RFQ independently from, and without consultation, communication, agreement or arrangement with any competitor. Page 23 6. However communication between partners in a joint venture or consortium³ will not be construed as collusive Company. 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 RFQ; e. the submission of a RFQ which does not meet the specifications and conditions of the RFQ; or f. Company with the intention not to win the RFQ. 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 RFQ invitation relates. 9. The terms of the accompanying RFQ have not been, and will not be, disclosed by the Company, directly or indirectly, to any competitor, prior to the date and time of the official RFQ opening or of the awarding of the contract. 10. I am aware that, in addition and without prejudice to any other remedy provided to combat any restrictive practices related to RFQs and contracts, RFQs 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 COMPANY 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. Page 24 SECTION 12: COMPULSORY COMMISSIONER OF OATH I certify that the above has acknowledged that he/she knows and understands the contents of this document, that he/she does not have any objection to taking the oath, and that he/she considers it to be binding on his/her conscience, and which was sworn to and signed before me at ____________________ on this the ________ day of _____________ 20___, and that the administering oath complied with the regulations contained in Government Gazette No. R 1258 of 21 July 1972, as amended. ________________________________ (Sign – SERVICE PROVIDER) ________________________________ (Name – SERVICE PROVIDER) COMMISSIONER OF OATHS STAMP AND DETAILS OF PERSON STAMP : NAME & SURNAME: DESIGNATION/RANK : PERSAL/EMPLOYEE NO: PLACE/DATE: Page 25 SECTION 13: SCOPE OF WORK/SPECIFICATION(S) Attachment on the mail inventory BILL OF QUANTITIES Number Specification Move furniture from Unit 10 Diamond lane Bloubosrand Ext 21 Kyasands estate to 21 stoke road Hillary Durban - Items are already packed in boxes Goods must be bubble wrap list added with inventory Qty Total 1 all items on list Insurance - PLEASE NOTE THAT MS. LINDELWA MANQELE WILL DISCUSS THIS WITH THE SUCCESSFUL BIDDER. Please do not quote for this item as she indicated that she will be liable for this. Sub Total Vat 15% TOTAL Page 26 Page 27 Page 28 Page 29 Page 30 Relocated of Goods for Miss LindelwaBid Number:10313802Bid Description:Relocated of goods for Miss Lindelwa Name of Institution: Prasa Place where goods, works or services are required: as per scope   Date Published:  20/10/2020Closing Date 23/10/2020/ Time: 10.00amEnquiries:Contact Person: Cornelia Pieterse Email: [email protected] number: 031 813 0194FAX Number: Where bid documents can be obtained