Providers of Transport for Hostel Students

{TENDER_DOCUMENTS_TEXT_START} Request for Tender: CJC/CM/TRANS/001/2021 Prospective Bidders are hereby invited to submit a bid for specified requirements of the Central Johannesburg TVET College. PLEASE NOTE THAT THIS BID IS SUBJECT TO THE COLLEGE SCM POLICY, THE PREFERENTIAL PROCUREMENT REGULATIONS 2017 AND THE GENERAL CONDITIONS OF CONTRACT. SBD 1 Description APPOINTMENT OF A SERVICE PROVIDER FOR THE PROVISION OF STUDENT TRANSPORT FOR THE CENTRAL JOHANNESBURG TVET COLLEGE Full Name of Bidder/Biding Entity: Contact Person: Tel Number: Advert Date: 15 January 2021 Briefing Session: No Briefing Session will be held for this bid. Closing Date and Time: 25 January 2021 at 10h00 Issued by: Central Johannesburg TVET College Bid Validity Period 30 days from closing date Enquiries [email protected] (only emailed enquiries will be attended to) CSD Registration number CJC/CM/ACCOM/001/2021 Page 1 of 43 Please indicate whether a document is the original or copy, tick the applicable block. (Required: 1 Original and 1 Copy) ORIGINAL COPY Due to COVID-19 the procedure for the physical delivery of tender submissions may be subjected to change, and this will be communicated timeously via the College’s website. The closing date for the submission of the proposal is 25 January 2021 at 10:00. Proposal documents are to be deposited in the tender box at the reception of the Central Johannesburg TVET College, 5 Ubla Avenue, off Princess of Wales Terrace, Central Office 1, Parktown, South Africa. Two printed and bound documents (1 original and 1 copy) of the RFP, as well as the soft copy (on USB) in PDF format are required. Late submissions, as well as emailed submissions will not be accepted. *It is the responsibility of the bidder to ensure that all documentation is compressed and arrives to the institution on time and in the format suitable for bidding. Bidders should ensure that bids are delivered timeously to the correct address. If the bid is late, it will not be accepted for consideration. All bids must be submitted on the official forms (not to be re-typed). CJC/CM/ACCOM/001/2021 Page 2 of 43 THE FOLLOWING PARTICULARS MUST BE FURNISHED, (FAILURE TO DO SO MAY RESULT IN YOUR BID BEING DISQUALIFIED): Name of bidder Postal Address Street Address Telephone Number Code: Number: Cell-phone Number Facsimile Number Email Address VAT Registration Number Is the Service Provider Registered on CSD? MAAA Number: CJC/CM/ACCOM/001/2021 Page 3 of 43 Has the Bidder’s Tax Status been verified on CSD (SBD 2)? Yes No Has a B-BBEE Status Level Verification Certificate been submitted? (SBD 6.1) Yes No If yes, who was the certificate issued by? [Tick applicable box] An accounting officer as contemplated in the Close Corporation Act (CCA) A verification agency accredited by the South African Accreditation System (SANAS) or CIPC A registered auditor Sworn Affidavit or a B- BBEE status level verification certificate Are you an accredited representative in South Africa for the goods / services / work offered? Yes No [If yes, please enclose proof] Total Bid Price: Total number of items offered: Signature of bidder ..………………………………………………………. Capacity under which this bid is signed ..………………………………………………………… Date ..……………………………………………………….... CJC/CM/ACCOM/001/2021 Page 4 of 43 GLOSSARY Award Letter Conclusion of the procurement process and final notification to the successful bidder B-BBEE Broad-based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003) and the Codes of Good Practice issued thereunder by the Department of Trade and Industry Bid Written offer in a prescribed or stipulated form in response to an invitation by Central Johannesburg TVET College for the provision of goods, works or services Service Provider Organization with whom Central Johannesburg TVET College will conclude a contract and potential service level agreement subsequent to the final award of the contract based on this Request for Bid Core Team Team members who fill the non-administrative positions against which the experience will be measured. EME Exempted Micro Enterprise in terms of the Codes of Good Practice GCC General Conditions of Contract Original Bid Original document signed in ink, or Copy of original document signed in ink Originally certified To comply with the principle of originally certified, a document must be both stamped and signed in original ink by a Commissioner of oaths. SCM Supply Chain Management SLA Service Level Agreement TOR Terms of Reference CJC/CM/TRANS/001/2021 Page 5 of 43 PRE-QUALIFICATION CRITERIA / MANDATORY REQUIREMENTS Without limiting the generality of the Central Johannesburg TVET College’s other critical requirements for this Bid, bidder(s) must submit the documents listed in Table 1 and 2 below All documents must be completed and signed by the duly authorized representative of the prospective bidder(s). During this phase, Bidders’ responses will be evaluated based on compliance with the listed administration and mandatory bid requirements. The bidder(s) proposal will be disqualified for non-submission OR non-compliance of any of the documents. TABLE: 1 - CHECKLIST OF DOCUMENTS TO BE SUBMITTED (PLEASE TICK IN THE RELEVANT BLOCK BELOW) DOCUMENT DESCRIPTION YES NO The company must be registered as a service provider on the Central Supplier Database (CSD). If you are not registered proceed to complete the registration of your company prior to submitting your proposal. Visit https://secure.csd.gov.za/ to obtain your vendor number. Submit proof of registration. Bidders Tax Compliance documents. CJC reserves the right to verify submitted documents on the system. Letter from accountants will not be taken as proof of tax compliance Company Profile with name and physical office address, contact details, names of directors, Certified ID Copies of all shareholders/directors of the registered company. If any one of the items listed here is not submitted bid will not be compliant. Bidders are required to submit scanned certified valid B-BBEE certificates / Sworn Affidavit or scanned certified copies in order to substantiate their rating claims. Non-submission will lead to a zero (0) score on BBBEE, but the bidder will not be disqualified from the process. Delivery plan/schedule of machinery and equipment to Central Johannesburg College CJC/CM/TRANS/001/2021 Page 6 of 43 TABLE: 2 - CHECKLIST OF DOCUMENTS TO BE COMPLETED / SIGNED / INITIALED (PLEASE TICK IN THE RELEVANT BLOCK BELOW) A bidder that does not fully complete, sign and initial the SBD Forms, where required, will be disqualified from the process. Required Documents YES NO General Conditions of Contract (duly initialed per page) SBD 1 (Fully Completed and Signed) SBD 2 (Fully Completed and Signed) SBD 3.3 (Fully Completed and Signed) SBD 4: Fully Completed and signed Declaration of Interest accompanied by clear and certified copies of directors/members identity documents. SBD 6.1: Fully Completed and signed Preference Points Claim Form in terms of the Preferential Procurement Regulations 2017 Non-submission will lead to a zero (0) score on BBBEE in line with the Prequalification Criteria set out in the bid document SBD 8: Fully Completed and signed Declaration of Bidder’s past Supply Chain Management practices SBD 9: Fully Completed and signed Certificate of Independent Bid Determination Authority to Sign Bid Form (if not a director of the firm) CJC/CM/TRANS/001/2021 Page 7 of 43 If yes, the identity of the principal is noted below: Declaration I/We have examined the information provided in your bid documents and offer to undertake the work prescribed in accordance with the requirements as set out in the bid document. The prices quoted in this bid are valid for the stipulated period. I/We confirm the availability of the proposed team members. We confirm that this bid will remain binding upon us and may be accepted by you at any time before the expiry date. Signature of bidder: Date: ..…………………………………………… ..…………………………………………… CJC/CM/TRANS/001/2021 Page 8 of 43 SBD1 INVITATION TO BID YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF THE (NAME OF DEPARTMENT/ PUBLIC ENTITY) BID NUMBER: CJC/CM/TRANS/001/2021 CLOSING DATE: 25/01/2021 10H00 CLOSING TIME: APPOINTMENT OF A SERVICE PROVIDER FOR THE PROVISION OF STUDENT TRANSPORT FOR THE DESCRIPTION: CENTRAL JOHANNESBURG TVET COLLEGE THE SUCCESSFUL BIDDER WILL BE REQUIRED TO FILL IN AND SIGN A WRITTEN CONTRACT FORM (SBD7). BID RESPONSE DOCUMENTS SHALL BE HARD DELIVERED AND DEPOSITED INTO THE TENDER BOX AT THE ADDRESS BELOW: CENTRAL JOHANNESBURG TVET COLLEGE CENTRAL OFFICE 1 RECEPTION 5 UBLA AVENUE (OFF PRINCESS OF WALES TERRACE) PARKTOWN Failure to submit on time will disqualify the bidder. 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 TCS PIN: OR CSD No: B-BBEE B-BBEE STATUS LEVEL VERIFICATION Yes CERTIFICATE [TICK APPLICABLE BOX] STATUS Yes LEVEL No SWORN No AFFIDAVIT IF YES, WHO WAS THE CERTIFICATE ISSUED BY? AN ACCOUNTING OFFICER AS CONTEMPLATED IN THE AN ACCOUNTING OFFICER AS CJC/CM/TRANS/001/2021 CLOSE CORPORATION ACT (CCA) Page 9 of 43 CONTEMPLATED IN THE CLOSE A VERIFICATION AGENCY ACCREDITED BY THE SOUTH CORPORATION ACT (CCA) AND AFRICAN ACCREDITATION SYSTEM (SANAS) NAME THE APPLICABLE IN THE A REGISTERED AUDITOR TICK BOX NAME: [A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE/SWORN AFFIDAVIT (FOR EMEs& QSEs) MUST BE SUBMITTED IN ORDER TO QUALIFY FOR PREFERENCE POINTS FOR B-BBEE] ARE YOU THE ACCREDITED REPRESENTATIVE IN SOUTH AFRICA FOR THE GOODS /SERVICES/WORKS OFFERED? YES NO [IF YES ENCLOSE PROOF] SIGNATURE OF BIDDER ARE YOU A FOREIGN BASED SUPPLIER FOR THE GOODS/ SERVICES /WORKS OFFERED? YES NO [IF YES ANSWER PART B:3 BELOW] DATE CAPACITY UNDER WHICH THIS BID IS SIGNED (Attach proof of authority to sign this bid; e.g. Resolution of directors, etc.) TOTAL NUMBER OF ITEMS OFFERED BIDDING PROCEDURE ENQUIRIES DIRECTED TO: DEPARTMENT/ PUBLIC ENTITY MAY BE TOTAL BID PRICE (ALL INCLUSIVE) TECHNICAL INFORMATION MAY BE DIRECTED TO: CONTACT PERSON CONTACT PERSON TELEPHONE NUMBER TELEPHONE NUMBER FACSIMILE NUMBER FACSIMILE NUMBER E-MAIL ADDRESS E-MAIL ADDRESS CJC/CM/TRANS/001/2021 Page 10 of 43 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 ONLINE 1.3. BIDDERS MUST REGISTER ON THE CENTRAL SUPPLIER DATABASE (CSD) TO UPLOAD MANDATORY INFORMATION NAMELY: (BUSINESS REGISTRATION/ DIRECTORSHIP/ MEMBERSHIP/IDENTITY NUMBERS; TAX COMPLIANCE STATUS; AND BANKING INFORMATION FOR VERIFICATION PURPOSES). B-BBEE CERTIFICATE OR SWORN AFFIDAVIT FOR B-BBEE MUST BE SUBMITTED TO BIDDING INSTITUTION. 1.4. WHERE A BIDDER IS NOT REGISTERED ON THE CSD, MANDATORY INFORMATION NAMELY: (BUSINESS REGISTRATION/ DIRECTORSHIP/ MEMBERSHIP/IDENTITY NUMBERS; TAX COMPLIANCE STATUS MAY NOT BE SUBMITTED WITH THE BID DOCUMENTATION. B-BBEE CERTIFICATE OR SWORN AFFIDAVIT FOR B-BBEE MUST BE SUBMITTED TO BIDDING INSTITUTION. 1.5. 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 LEGISLATION OR SPECIAL CONDITIONS OF CONTRACT. 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 VIEW THE TAXPAYER’S PROFILE AND TAX STATUS. 2.3 APPLICATION FOR TAX COMPLIANCE STATUS (TCS) OR PIN MAY ALSO BE MADE VIA E- FILING. IN ORDER TO USE THIS PROVISION, TAXPAYERS WILL NEED TO REGISTER WITH SARS AS EFILERS THROUGH THE WEBSITE WWW.SARS.GOV.ZA. 2.4 BIDDERS MAY ALSO SUBMIT A PRINTED TCS TOGETHER WITH THE BID. 2.5 IN BIDS WHERE CONSORTIA / JOINT VENTURES / SUB-CONTRACTORS ARE INVOLVED; EACH PARTY MUST SUBMIT A SEPARATE PROOF OF TCS / PIN / CSD NUMBER. WHERE NO TCS IS AVAILABLE BUT THE BIDDER IS REGISTERED ON THE CENTRAL SUPPLIER DATABASE (CSD), A CSD NUMBER MUST BE PROVIDED. 3. QUESTIONNAIRE TO BIDDING FOREIGN SUPPLIERS 3.1. IS THE BIDDER A RESIDENT OF THE REPUBLIC OF SOUTH AFRICA (RSA)? YES NO 3.2. DOES THE BIDDER HAVE A BRANCH IN THE RSA? YES NO 3.3. DOES THE BIDDER HAVE A PERMANENT ESTABLISHMENT IN THE RSA? YES NO 3.4. DOES THE BIDDER HAVE ANY SOURCE OF INCOME IN THE RSA? YES NO 3.5. DOES THE BIDDER HAVE ANY TEAM MEMBERS UNDER THE EMPLOY OF THE STATE? YES NO IF SO, ATTACH AN AFFIDAVIT DECLARING THE NATURE OF EMPLOY AND WHETHER A DECLARATION WAS MADE WITH THE EMPLOYER. NB: FAILURE TO PROVIDE ANY OF THE ABOVE PARTICULARS MAY RENDER THE BID INVALID CJC/CM/TRANS/001/2021 Page 11 of 43 2. SPECIFICATIONS AND TERMS OF REFERENCE 2.1. OVERVIEW The Central Johannesburg College is registered in terms of the CET Colleges Act of 2006 as amended in 2012. The College operates through eight campuses located within a radius of 15 kilometers in and around the Johannesburg CBD. It is the only public TVET College in the City of Johannesburg, serving an estimated population of 3 million people. The Central Office, which provides support services to all the College Campuses, is situated next to the Parktown Campus, on number 5 Ubla Avenue, Off Princess of Wales Terrace, in Parktown, Johannesburg. The College campuses are categorized as follows: ✓ ✓ ✓ ✓ Campus for Engineering Technology (ET); Campus for Enterprise & Business Development (EBD); Campus for Human & Health Services (HHS); Campus for Information & Communications Technology (ICT); 2.2. SCOPE OF REQUIRED GOODS AND SERVICES The College would like to appoint a suitably qualified service provider to provide student transport between the campus and the student accommodation for the Central Johannesburg TVET College per the pricing schedule (SBD 3.1) below, in the quantities stipulated. 2.3. REQUIREMENTS Request for quotes from 1. 2. Vendors who meet CJC procurement requirements Previously disadvantaged individuals owned businesses and youth owned businesses are encouraged to participate. CJC/CM/TRANS/001/2021 Page 12 of 43 3. 4. CONDITIONS OF THE BID 3.1. Bidders shall not contact the College on any matter relating to their Proposal from the date of the opening of the proposals to the date the contract is awarded. 3.2. If a firm wishes to bring additional information to the notice of the College, it should do so via email, on the email address indicated. 3.3. Any effort by the bidder to influence the College in the proposal evaluation, proposal comparison or contract award decisions may result in the disqualification of the bidder’s proposal. 3.4. The evaluation of technical proposals will be based on their responsiveness to the Terms of Reference, applying the evaluation criteria and point system indicated below. 3.5. Each responsive proposal will be given a technical score. A proposal considered to be unsuitable shall be rejected at this stage if it does not respond to important aspects of the Terms of Reference. 3.6. The College shall notify bidders of the rejection of their technical proposal after completing the selection process. LEGISLATIVE FRAMEWORK OF THE BID 4.1. Tax Legislation 4.1.1 Bidder(s) must be compliant when submitting a proposal to the Central Johannesburg TVET College and remain compliant for the entire contract term with all applicable tax legislation, including but not limited to the Income Tax Act, 1962 (Act No. 58 of 1962) and Value Added Tax Act, 1991 (Act No. 89 of 1991). 4.1.2 It is a condition of this bid that the tax matters of the successful bidder are in order, or that satisfactory arrangements have been made with South African Revenue Service (SARS) to meet the bidder’s tax obligations. 4.1.3 The Tax Compliance status requirements are also applicable to foreign bidders / individuals who wish to submit bids. 4.1.4 It is a requirement that bidders grant a written confirmation when submitting this bid that SARS may on an on-going basis during the tenure of the contract disclose the bidder’s tax compliance status and by submitting this bid such confirmation is deemed to have been granted. 4.1.5 Bidders are required to be registered on the Central Supplier Database and the National Treasury shall verify the bidder’s tax compliance status through the Central Supplier Database. 4.2. Procurement Legislation The College has a detailed evaluation methodology premised on its SCM policy, the Preferential Procurement Policy Framework Act 2000 (Act, No.5 of 2000) and the Broad-Based Black Economic Empowerment Act, 2003 (Act, No. 53 of 2003). 4.3 Technical Legislation and/or Standards Bidder(s) should be cognisant of the legislation and standards applicable to the services. CJC/CM/TRANS/001/2021 Page 13 of 43 5. TIMELINE AND DATES OF THE BID PROCESS 5.1 All dates and times in this bid are South African standard time. Any time or date in this bid is subject to change at the College’s discretion. 5.2 The establishment of a time or date in this bid does not create an obligation on the part of the College to take any action or create any right in any way for any bidder to demand that any action be taken on the date established. 5.3 The bidder accepts that, if the College extends the deadline for bid submission for any reason, the requirements of this bid otherwise apply equally to the extended deadline. FUNCTIONALITY EVALUATION CRITERIA WEIGHT Company Experience in Public Transport 15 Company Experience between 7 - 9 years: 30 points Company Experience between 4 - 6 years: 20 points Company Experience between 1 - 4 years: 10 points Attach list of existing or proposed drivers with valid PrDP. Attached evidence of experience of key management personnel in the industry Maximum : 15 points References 25 3- Contactable (verifiable) reference letters: 15 points 2- Contactable (verifiable) reference letters: 10 points 1- Contactable (verifiable) reference letters: 5 points Evidence of experience in moving staff or other human resources for organization:10 points Maximum : 25 points for former work conducted Evidence of Number of Vehicles Required as Per Tender Requirements 30 - Evidence of vehicles that can deliver the number of students with valid vehicle registration and license numbers : 10 points - Age Profile & Condition of Existing Vehicles - Attach to Pricing Schedule (SBD3.1) - Service Providers to provide proof of the full fleet compliment as per the required Scope. - 100% of the fleet proposed should not be older than 2016 model. 5 points for 2016 and newer models. - Evidence of vehicle sizes to deliver required number of students and Engine Capacity: 10 points. - Attach Vehicle Registration Certificates/Vehicle License & Road Worthy Certificates or commitment thereof and on contract commencement. 5 points Number of students expected to be moved is approximately 130 Maximum of 30 points Proof of Association with recognized Industry Associations for Passenger Transportation 5 Attach Proof of Association with SARPBAC or other similar valid accredited association. Service and Maintenance Contracts for Service Providers Fleet 10 Service Providers to provide proof of Maintenance and Service Contracts for existing fleet or proof of commitment for new vehicles for the period of the contract. - If the existing fleet is still being serviced by the manufacturer. Service Providers to attach Proof of Warranty/ Service Intervals (Major & Minor Service Plans); or - If the existing fleet maintenance and servicing is outsourced. Service Providers to attach Proof of Warranty/ Service Intervals (Major & Minor Service Plans); or - If the existing fleet maintenance & servicing is insourced. Service Providers to attach proof of their qualified & accredited mechanics and attach Proof of Warranty/ Service Intervals (Major & Minor Service Plans) Contingency plan and locality CJC/CM/TRANS/001/2021 15 Page 14 of 43 Replacement Policy and Contingency Plans. Attach Contingency Plan should vehicles not be available for service for whatever reason to avoid service disruption. Replacements must be the same size and standard as per contract. 10 points Locality of vehicles and Management Personnel : 5 Points if within Gauteng Maximum of 15 points Total 100 6. TIMELINE AND DATES OF THE BID PROCESS 6.1 Functional criteria 6.1.1 Functionality points are equal to 100 points. Bidders are required to achieve a minimum score of 70 points on functionality evaluations in order to qualify to be evaluated on Price and BBBEE. All bidders who do not score the minimum points will be disqualified. 6.1.2 This bid will be evaluated using Functionality as a criterion due to the nature of the required commodity or service considering the quality, reliability, viability and durability of a service and the bidder’s technical capacity and ability to execute a contract. 6.1.3 All acceptable bids (those meeting all the specified requirements) will be evaluated in terms of the stipulated criteria and points for functionality. 6.1.4 The College will apply Functionality and the 80/20 Preference Point System in the evaluation of this RFT. 6.1.5 The functionality points will be allocated in the table below as follows: NB: All facilities should have provisions for persons with disabilities. 6.1.6 Functionality points are equal to 100 points. Bidders are required to achieve a minimum score of 70 points on functionality evaluations in order to qualify to be evaluated on Price and BBBEE. All bidders who do not score the minimum points will be disqualified). 6.1.7 The score for functionality shall be calculated as follows: 6.1.7.1 Each panel member shall award values for each individual criterion on a score sheet. The value scored for each criterion shall be multiplied with the specified weighting for the relevant criterion to obtain the marks scored for the various criteria. These marks should be added to obtain the total score for functionality. 6.1.7.2 The score of each panel member shall be added together and divided by the number of panel members to establish the average score obtained by each individual bidder for functionality. 6.1.7.3 Please note that the Evaluation Committee will use their own discretion to assess quality of all bid proposals received in relation to above functionality criteria and may further verify information submitted from relevant sources/your clients and use their own discretion to score the bidders proposal accordingly. 6.1.7.4 It is the responsibility of the bidder to seek clarity by enquiry before submission of the final bid, where the criteria are construed to be ambiguous or confusing. Should there be a difference of interpretation between the bidders and the College, the College reserves the right to make a final ruling on such interpretation. 7.1 Bids that score less than 70 points for functionality will be eliminated from further consideration. Marks will therefore not be awarded for their cost proposals or for preference. CJC/CM/TRANS/001/2021 Page 15 of 43 8.1 In line with the national imperative of transformation, which is guided by the B-BBEE Codes of good practice, the organization aims to be a key contributor to socio-economic change in the country. The Central Johannesburg TVET College will therefore prioritize procurement from businesses certified at B-BBEE levels 1 and 2. In addition, preference may be given to companies that are at least 51% black- owned and at least 30% black women owned, youth owned and disabled owned. PRICE AND B-BBEE STATUS LEVEL POINTS 9.1 Preference points for this RFT shall be awarded as below: Criteria Sub-criteria Points Price Detailed budget breakdown 80 BBBEE Status Level Verification certificate from accredited verification agencies BBBEE Level Contributor 20 Total Points 100 9.2 All remaining bids will be evaluated as follows: 9.2.1 The 80/20 preference point system will be applied. Points for price and B-BBEE status level certificate will be awarded in accordance with the stipulations in the Preference Point Claim Form in terms of the Preferential Procurement Regulations, 2017. 9.2.2 If appropriate, implied contract price adjustments will be made to the cost proposals of all remaining bids. 9.2.3 The point scored for the B-BBEE status level certificate for each acceptable bid will now be added to the price point. 9.2.4 The Evaluation Committee may recommend that the contract be awarded to the bidder obtaining the highest aggregate mark or to a lower scoring bid on justifiable grounds. 10 ADJUDICATION OF BID The relevant award structure will consider the recommendations and make the final award. The successful bidder will usually be the service provider scoring the highest number of points or it may be a lower scoring bid on justifiable grounds or no award at all. The bid document will be available on our website www.cjc.edu.za. The closing date for submissions is 25 January 2021 at 10H00. No Briefing session will be held for this bid. Bids should be submitted in a sealed envelope, clearly marked with: Bid number. Closing date and time. The name and address of the Bidder. CJC/CM/TRANS/001/2021 Page 16 of 43 Bidder must submit an Original Bid Document with one (1) copy to the College in the manner prescribed in this bid document. Bidders should ensure that bids are delivered and deposited in the bid box at the College before or on the closing date and time to the correct physical address. If the bid is late, it will not be accepted for consideration. The Bid document must include a cover letter clearly stating the name of the firm and the name, address, and telephone number of the Bidder’s representative. Only email enquiries will be attended to. All quoted prices must be in RSA currency and inclusive of VAT. All prices and details must be legible / readable to ensure the quote will be considered for adjudication. The General Conditions of Contract must be accepted and be initialed per page. The GCC can be downloaded from the Treasury Website. Please refer to the link below: http://www.treasury.gov.za/divisions/ocpo/sc/GeneralConditions/General%20Conditions%20of %20Contract.pdf All SBD Forms must be fully completed and signed. Any orders placed within the contract period, will be paid according to the price applicable at the date of order. In the event of a mistake having been made on the pricing, it shall be crossed out with ink and accompanied by signature. All prices quoted must be inclusive of VAT, be fixed, firm and include delivery charges and goods must be delivered to the address indicated above. This bid will be evaluated using functionality and the 80/20 preference point system as stipulated in the Preferential Procurement Policy Framework Act (Act Number 5 of 2000), as amended. 80% will be awarded for Price and 20% will be awarded for BBBEE status contributor level. A bid will be disqualified should any attempt be made by the bidder either directly or indirectly to canvass the Central Johannesburg TVET College, or any of its officers or employees in respect of a bid between the date of the bid and the date of the award. The Central Johannesburg TVET College’s reserves the right to reject any and all bids, and /or negotiate portions thereof. The lowest or any bid will not necessarily be accepted, nor will any reason be given or assigned for the rejection of the bid. Each bid document supplied is for the Bidder only and may not be copied and submitted by another service provider. The Bidder shall furnish any additional information that the College may reasonably require. The College will not be liable for any costs incurred in the preparation of bids. The College may ask bidders to send a representative for a Presentation prior to the approval of a bid. The College will not be liable for the costs incurred by the bidder in connection with such interview. The College reserves the right to visit the premises of the bidder if deemed necessary. Any false declaration of information will result in the exclusion of the bid from consideration. The bid document will be uploaded onto the College website. For all Procurement, Bid and Technical related enquiries, prospective bidders may send emails to [email protected]. Should you need to know more about the College, please visit our website at www.cjc.edu.za. To ensure a transparent process, only written enquiries will be attended to. CJC/CM/TRANS/001/2021 Page 17 of 43 SBD 3.1 PRICING SCHEDULE – FIRM PRICES (PURCHASES) NOTE: ONLY FIRM PRICES WILL BE ACCEPTED. NON-FIRM PRICES (INCLUDING PRICES SUBJECT TO RATES OF EXCHANGE VARIATIONS) WILL NOT BE CONSIDERED. IN CASES WHERE DIFFERENT DELIVERY POINTS INFLUENCE THE PRICING, A SEPARATE PRICING SCHEDULE MUST BE SUBMITTED FOR EACH DELIVERY POINT Name of bidder……………………………………… Bid number: CJC/CM/TRANS/001/2021 Closing Time 10h00 Closing Date: 25 January 2021 OFFER TO BE VALID FOR 30 DAYS FROM THE CLOSING DATE OF BID. PRICING SCHEDULE No. Details of Requirements 1. Transport for 130 students from the students’ accommodation to crown mines campus and from crown mines campus to the student accommodation on Mondays to Fridays. Quantity 4 DURATION February 2021 November 2021 Price – NOTE: THE TRAVEL 4SCHEDULE WILL BE AS FOLLOWS: - Departure time from the students’ accommodation: 07h00 (Mon to Fri) – 130 Students - Departure time from the campus to student accommodation: 12h45 (Mon to Fri) – 65 Students - Departure time from the campus to student accommodation: 13h45 (Mon to Fri) – 65 Students - Departure time from the campus to student accommodation: 15h00 (Mon to Fri) - 65 Students - Departure time from the campus to student accommodation: 17h00 (Mon to Fri) - 65 Students PRICES MUST BE FIXED FOR THE DURATION OF THE CONTRACT, NO OTHER FEES OTHER THAN THOSE THAT ARE DECLARED ABOVE WILL BE CONSIDERED. I, THE UNDERSIGNED (NAME) ……………………………………………………………………………………………… CERTIFY THAT THE INFORMATION FURNISHED ON THIS FORM IS CORRECT. I ACCEPT THAT THE STATE MAY ACT AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE. CJC/CM/TRANS/001/2021 Page 18 of 43 SBD 4 MAINTENANCE 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 favoritism, 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 authorized representative declare his/her position in relation to the evaluating/adjudicating authority where- the bidder is employed by the state; and/or the legal person on whose behalf the bidding document is signed, has a relationship with persons/a person who are/is involved in the evaluation and or adjudication of the bid(s), or where it is known that such a relationship exists between the person or persons for or on whose behalf the declarant acts and persons who are involved with the evaluation and or adjudication of the bid. In order to give effect to the above, the following questionnaire must be completed and - 2. submitted with the bid. 2.1 Full Name of bidder or his or her representative: 2.2 Identity Number: ____________________________________________________________ 2.3 Position occupied in the Company (director, trustee, shareholder): 2.4 Company Registration Number: ________________________________________________ 2.5 Tax Reference Number: ____________ ______________ 2.6 VAT Registration Number: 2.6.1 ____________________________ _______________ _______________________ ___________________ ____________________ The names of all directors / trustees / shareholders / members, their individual identity numbers, tax reference numbers and, if applicable, employee / persal numbers must be indicated in paragraph 3 below. ¹ “State” means – (a) any national or provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance Management Act, 1999 (Act No. 1 of 1999); (b) any municipality or municipal entity. (c) provincial legislature. (d) national Assembly or the national Council of provinces; or (e) Parliament. ²” Shareholder” means a person who owns shares in the company and is actively involved in the management of the enterprise or business and exercises control over the enterprise. 2.7 Are you or any person connected with the bidder presently employed by the state? YES/NO If so, furnish the following particulars: 2.7.1 Name of person / director / trustee / shareholder/ member: 2.7.2 Name of state institution at which you or the person connected to the bidder is employed: __________________________________________________________ 2.7.3 Position occupied in the state institution: _________________________________ CJC/CM/TRANS/001/2021 _______________ Page 19 of 43 Any other particulars: _____________________________________________________________ 2.7.4 If you are presently employed by the state, did you obtain the appropriate authority to undertake remunerative work outside employment in the public sector? YES / NO If yes, did you attach proof of such authority to the bid document? YES / NO (Note: Failure to submit proof of such authority, where applicable, may result in the disqualification of the bid). 2.7.4.1 If no, furnish reasons for non-submission of such proof: _ 2.8 Did you or your spouse, or any of the company’s directors / trustees / shareholders / members or their spouses conduct business with the state in the previous twelve months? YES / NO 2.8.1 2.9 Do you, or any person connected with the bidder, have any relationship (family, friend, other) with a person employed by the state and who may be involved with the evaluation and or adjudication of this bid? YES / NO 2.9.1 2.10 If so, furnish. Are you, or any person connected with the bidder, 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? YES / NO 2.10.1 2.11 If so, furnish particulars: If so, furnish. Do you or any of the directors / trustees / shareholders / members of the company have any interest in any other related companies whether they are bidding for this contract? YES/NO 2.11.1 CJC/CM/TRANS/001/2021 If so, furnish particulars: Page 20 of 43 3 Full details of directors / trustees / members / shareholders. Full Name 4 Identity Number Personal Tax State Employee Reference Number Number/ Persal Number DECLARATION I, THE UNDERSIGNED (NAME): CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPHS 2 and 3 ABOVE IS CORRECT. I ACCEPT THAT THE STATE MAY REJECT THE BID OR ACT AGAINST ME IN TERMS OF PARAGRAPH 23 OF THE GENERAL CONDITIONS OF CONTRACT SHOULD THIS DECLARATION PROVE TO BE FALSE. Signature Date Position Name of bidder CJC/CM/TRANS/001/2021 Page 21 of 43 SBD 6.1 PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT REGULATIONS 2017 This preference form must form part of all bids invited. It contains general information and serves as a claim form for preference points for Broad-Based Black Economic Empowerment (B-BBEE) Status Level of Contribution NB: BEFORE COMPLETING THIS FORM, BIDDERS MUST STUDY THE GENERAL CONDITIONS, DEFINITIONS AND DIRECTIVES APPLICABLE IN RESPECT OF B-BBEE, AS PRESCRIBED IN THE PREFERENTIAL PROCUREMENT REGULATIONS, 2017. 1. GENERAL CONDITIONS 1.1 The following preference point systems are applicable to all bids: - the 80/20 system for requirements with a Rand value of up to R50 000 000 (all applicable taxes included); and - the 90/10 system for requirements with a Rand value above R50 000 000 (all applicable taxes included). a) 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; or b) Either the 80/20 or 90/10 preference point system will be applicable to this bid (delete whichever is not applicable for this bid). 1.2 1.3 Points for this bid shall be awarded for: a) Price; and b) B-BBEE Status Level of Contributor. The maximum points for this bid are allocated as follows : POINTS 1.4 PRICE 80 B-BBEE STATUS LEVEL OF CONTRIBUTOR 20 Total points for Price and B-BBEE must not exceed 100 Failure on the part of a bidder to submit proof of B-BBEE Status level of contributor together with the bid, will be interpreted to mean that preference points for B-BBEE status level of contribution are not claimed. CJC/CM/TRANS/001/2021 Page 22 of 43 1.5 2. 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 with regards to preferences, in any manner required by the purchaser. DEFINITIONS (a) “B-BBEE” means broad-based black economic empowerment as defined in section 1 of the BroadBased Black Economic Empowerment Act; (b) “B-BBEE status level of contributor” means the B-BBEE status of an entity in terms of a code of good practice on black economic empowerment, issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act; (c) “bid” means a written offer in a prescribed or stipulated form in response to an invitation by an organ of state for the provision of goods or services, through price quotations, advertised competitive bidding processes or proposals; (d) “Broad-Based Black Economic Empowerment Act” means the Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003); (e) “functionality” means the ability of a bidder to provide goods or services in accordance with specifications as set out in the bid documents. (f) “prices” includes all applicable taxes less all unconditional discounts; (g) “proof of B-BBEE status level of contributor” means: 1) B-BBEE Status level certificate issued by an authorized body or person; 2) A sworn affidavit as prescribed by the B-BBEE Codes of Good Practice; 3) Any other requirement prescribed in terms of the B-BBEE Act; (i) “QSE” means a qualifying small business enterprise in terms of a code of good practice on black economic empowerment issued in terms of section 9 (1) of the Broad-Based Black Economic Empowerment Act; (j) “rand value” means the total estimated value of a contract in Rand, calculated at the time of the bid invitation, and includes all applicable taxes; CJC/CM/TRANS/001/2021 Page 23 of 43 3. 3.1 POINTS AWARDED FOR PRICE THE 80/20 OR 90/10 PREFERENCE POINT SYSTEMS A maximum of 80 or 90 points is allocated for price on the following basis: 80/20 80 1 Ps Pt or 90/10 P min Ps 90 1 Pt P min or  P min P min Where 4. 4.1 Ps = Points scored for price of bid under consideration Pt = Price of bid under consideration Pmin = Price of lowest acceptable bid POINTS AWARDED FOR B-BBEE STATUS LEVEL OF CONTRIBUTOR In terms of Regulation 6 (2) and 7 (2) of the Preferential Procurement Regulations, preference points must be awarded to a bidder for attaining the B-BBEE status level of contribution in accordance with the table below: B-BBEE Status Level of Contributor Number of points Number of points (90/10 system) (80/20 system) 1 10 20 2 9 18 3 6 14 4 5 12 5 4 8 6 3 6 7 2 4 8 1 2 0 0 Non-compliant contributor CJC/CM/TRANS/001/2021 Page 24 of 43 5. BID DECLARATION 5.1 Bidders who claim points in respect of B-BBEE Status Level of Contribution must complete the following: 6. B-BBEE STATUS LEVEL OF CONTRIBUTOR CLAIMED IN TERMS OF PARAGRAPHS 1.4 AND 4.1 6.1 B-BBEE Status Level of Contributor: = ……… (maximum of 10 or 20 points) (Points claimed in respect of paragraph 7.1 must be in accordance with the table reflected in paragraph 4.1 and must be substantiated by relevant proof of B-BBEE status level of contributor. 7. SUB-CONTRACTING 7.1 Will any portion of the contract be sub-contracted? (Tick applicable box) YES 7.1.1 NO If yes, indicate: i) What percentage of the contract will be subcontracted. ......................................................... % ii) The name of the sub-contractor………………………………………………………………..…….. iii) The B-BBEE status level of the sub-contractor......................................………………………….. iv) Whether the sub-contractor is an EME or QSE (Tick applicable box) YES NO v) Specify, by ticking the appropriate box, if subcontracting with an enterprise in terms of Preferential Procurement Regulations, 2017: Designated Group: An EME or QSE which is at last 51% owned by: EME √ QSE √ Black people Black people who are youth Black people who are women Black people with disabilities Black people living in rural or underdeveloped areas or townships Cooperative owned by black people Black people who are military veterans OR Any EME Any QSE CJC/CM/TRANS/001/2021 Page 25 of 43 8. DECLARATION WITH REGARD TO COMPANY/FIRM 8.1 Name of company/firm: 8.2 VAT registration number: 8.3 Company registration number: 8.4 TYPE OF COMPANY/ FIRM 󠅱 Partnership/ Joint Venture/ Consortium 󠅱 One person business/ sole propriety 󠅱 Close Corporation 󠅱 (Pty) Limited [TICK APPLICABLE BOX] 8.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES 8.6 COMPANY CLASSIFICATION 󠅱 Manufacturer 󠅱 Supplier 󠅱 Professional service provider 󠅱 Other service providers, e. g. transporter, etc. [TICK APPLICABLE BOX] 8.7 Total number of years the company/firm has been in business: 8.8 I/we, the undersigned, who is / are duly authorized to do so on behalf of the company/firm, certify that the points claimed, based on the B-BBE status level of contributor indicated in paragraphs 1.4 and 6.1 of the foregoing certificates 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; CJC/CM/TRANS/001/2021 Page 26 of 43 iii) In the event of a contract being awarded as a result of points claimed as shown in paragraphs 1.4 and 6.1, the contractor may be required to furnish documentary proof to the satisfaction of the purchaser that the claims are correct; iv) If the B-BBEE status level of contributor has been claimed or obtained on a fraudulent basis or any of the conditions of contract have not been fulfilled, the purchaser may, in addition to any other remedy it may have (a) disqualify the person from the bidding process; (b) recover costs, losses or damages it has incurred or suffered as a result of that person’s conduct; (c) cancel the contract and claim any damages which it has suffered as a result of having to make less favorable arrangements due to such cancellation; (d) recommend that the bidder or contractor, its shareholders and directors, or only the shareholders and directors who acted on a fraudulent basis, be restricted by the National Treasury from obtaining business from any organ of state for a period not exceeding 10 years, after the audi alteram partem (hear the other side) rule has been applied; and (e) forward the matter for criminal prosecution. ____________________________ ………………………………………. WITNESSES SIGNATURE(S) OF BIDDERS(S) 1. ………………………………….. DATE: ………………………………….. 2. ………………………………….. ADDRESS ………………………………….. ………………………………….. CJC/CM/TRANS/001/2021 ………………………………….. Page 27 of 43 SBD 8 DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES 1 This Standard Bidding Document must form part of all bids invited. 2 It serves as a declaration to be used by institutions in ensuring that when goods and services are being procured, all reasonable steps are taken to combat the abuse of the supply chain management system. 3 The bid of any bidder may be disregarded if that bidder, or any of its directors have- a. abused the institution’s supply chain management system; b. committed fraud or any other improper conduct in relation to such system; or c. failed to perform on any previous contract. 4 In order to give effect to the above, the following questionnaire must be completed and submitted with the bid. Item 4.1 Question Is the bidder or any of its directors listed on the National Treasury’s Database Yes Yes No No Yes No Yes No of Restricted Suppliers as companies or persons prohibited from doing business with the public sector? (Companies or persons who are listed on this Database were 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 bidder or any of its directors listed on the Register for Bid Defaulters in terms of section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004)? The Register for Bid 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 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? CJC/CM/TRANS/001/2021 Page 28 of 43 4.3.1 If so, furnish particulars: 4.4 Was any contract between the bidder and any organ of state terminated during Yes No the past five years on account of failure to perform on or comply with the contract? 4.4.1 If so, furnish particulars: CJC/CM/TRANS/001/2021 Page 29 of 43 CERTIFICATION I, THE UNDERSIGNED (FULL NAME) CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM IS TRUE AND CORRECT. I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT, ACTION MAY BE TAKEN AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE. Signature Date Position Name of Bidder CJC/CM/ACCOM/001/2021 Page 30 of 43 SBD 9 CERTIFICATE OF INDEPENDENT BID DETERMINATION I, the undersigned, in submitting the accompanying bid: (Bid Number and Description): in response to the invitation for the bid made by (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 Bidder): that: 1. I have read and I understand the contents of this Certificate; 2. I understand that the accompanying bid will be disqualified if this Certificate is found not to be true and complete in every respect; 3. I am authorized by the bidder to sign this Certificate, and to submit the accompanying bid, on behalf of the bidder; 4. Each person whose signature appears on the accompanying bid has been authorized by the bidder to determine the terms of, and to sign the bid, on behalf of the bidder; 5. For the purposes of this Certificate and the accompanying bid, I understand that the word “competitor” shall include any individual or organization, other than the bidder, whether affiliated with the bidder, who: (a) has been requested to submit a bid in response to this bid invitation; (b) could potentially submit a bid in response to this bid invitation, based on their qualifications, abilities or experience; and (c) provides the same goods and services as the bidder and/or is in the same line of business as the bidder 6. The bidder has arrived at the accompanying bid independently from, and without consultation, communication, agreement or arrangement with any competitor. However, communication between partners in a joint venture or consortium³ will not be construed as collusive bidding. 7. In particular, without limiting the generality of paragraphs 6 above, there has been no consultation, communication, agreement or arrangement with any competitor regarding: (a) prices; (b) geographical area where product or service will be rendered (market allocation) (c) methods, factors or formulas used to calculate prices; (d) CJC/CM/ACCOM/001/2021 the intention or decision to submit or not to submit, a bid; Page 31 of 43 (e) (f) 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. 8. In addition, there have been no consultations, communications, agreements or arrangements with any competitor regarding the quality, quantity, specifications and conditions or delivery particulars of the products or services to which this bid invitation relates. 9. The terms of the accompanying bid have not been, and will not be, disclosed by the bidder, directly or indirectly, to any competitor, prior to the date and time of the official bid opening or of the awarding of the contract. ³ Joint venture or Consortium means an association of persons for the purpose of combining their expertise, property, capital, efforts, skill and knowledge in an activity for the execution of a contract. 10. I am aware that, in addition and without prejudice to any other remedy provided to combat any restrictive practices related to bids and contracts, bids that are suspicious will be reported to the Central Johannesburg TVET College 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 Name of Bidder Date CJC/CM/ACCOM/001/2021 Page 32 of 43 GOVERNMENT PROCUREMENT GENERAL CONDITIONS OF CONTRACT Notes The purpose of this document is to draw special attention to certain general conditions applicable to government bids, contracts and orders; and to ensure that clients be familiar regarding the rights and obligations of all parties involved in doing business with government. In this document words in the singular also mean in the plural and vice versa and words in the masculine also mean in the feminine and neuter. The General Conditions of Contract will form part of all bid documents and may not be amended. Special Conditions of Contract (SCC) relevant to a specific bid, should be compiled separately for every bid (if applicable) and will supplement the General Conditions of Contract. Whenever there is a conflict, the provisions in the SCC shall prevail. General Conditions The following terms shall be interpreted as indicated: of 1.1 “Closing time” means the date and hour specified in the bidding documents for the receipt Contract Definitions of bids. 1.2 “Contract” means the written agreement entered into between the purchaser and the supplier, as recorded in the contract form signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein. 1.3 “Contract price” means the price payable to the supplier under the contract for the full and proper performance of his contractual obligations. 1.4 “Corrupt practice” means the offering, giving, receiving, or soliciting of anything of value to influence the action of a public official in the procurement process or in contract execution. 1.5 "Countervailing duties" are imposed in cases where an enterprise abroad is subsidized by its government and encouraged to market its products internationally. 1.6 “Country of origin” means the place where the goods were mined, grown or produced or from which the services are supplied. Goods are produced when, through manufacturing, processing or substantial and major assembly of components, a commercially recognized new product results that is substantially different in basic characteristics or in purpose or utility from its components. 1.7 “Day” means calendar day. 1.8 “Delivery” means delivery in compliance of the conditions of the contract or order. 1.9 “Delivery ex stock” means immediate delivery directly from stock actually on hand. 1.10 “Delivery into consignees store or to his site” means delivered and unloaded in the specified store or depot or on the specified site in compliance with the CJC/CM/ACCOM/001/2021 Page 33 of 43 conditions of the contract or order, the supplier bearing all risks and charges involved until the supplies are so delivered and a valid receipt is obtained. 1.11 "Dumping" occurs when a private enterprise abroad market its goods on own initiative in the RSA at lower prices than that of the country of origin and which have the potential to harm the local industries in the RSA. 1.12 ” Force majeure” means an event beyond the control of the supplier and not involving the supplier’s fault or negligence and not foreseeable. Such events may include, but is not restricted to, acts of the purchaser in its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions and freight embargoes. 1.13 “Fraudulent practice” means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of any bidder, and includes collusive practice among bidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive the bidder of the benefits of free and open competition. 1.14 “GCC” means the General Conditions of Contract. 1.15 “Goods” means all the equipment, machinery, and/or other materials that the supplier is required to supply to the purchaser under the contract. 1.16 “Imported content” means that portion of the bidding price represented by the cost of components, parts or materials which have been or are still to be imported (whether by the supplier or his subcontractors) and which costs are inclusive of the costs abroad, plus freight and other direct importation costs such as landing costs, dock dues, import duty, sales duty or other similar tax or duty at the South African place of entry as well as transportation and handling charges to the factory in the Republic where the supplies covered by the bid will be manufactured. 1.17 “Local content” means that portion of the bidding price which is not included in the imported content provided that local manufacture does take place. 1.18 “Manufacture” means the production of products in a factory using labour, materials, components and machinery and includes other related value-adding activities. 1.19 “Order” means an official written order issued for the supply of goods or works or the rendering of a service. 1.20 “Project site,” where applicable, means the place indicated in bidding documents. 1.21 “Purchaser” means the organization purchasing the goods. 1.22 “Republic” means the Republic of South Africa. 1.23 “SCC” means the Special Conditions of Contract. CJC/CM/ACCOM/001/2021 Page 34 of 43 1.24 “Services” means that functional services ancillary to the supply of the goods, such as transportation and any other incidental services, such as installation, commissioning, provision of technical assistance, training, catering, gardening, security, maintenance and other such obligations of the supplier covered under the contract. 1.25“Written” or “in writing” means handwritten in ink or any form of electronic or mechanical writing. Application These general conditions are applicable to all bids, contracts and orders including bids for functional and professional services, sales, hiring, letting and the granting or acquiring of rights, but excluding immovable property, unless otherwise indicated in the bidding documents. Where applicable, special conditions of contract are also laid down to cover specific supplies, services or works. Where such special conditions of contract are in conflict with these general conditions, the special conditions shall apply. General Unless otherwise indicated in the bidding documents, the purchaser shall not be liable for any expense incurred in the preparation and submission of a bid. Where applicable a nonrefundable fee for documents may be charged. With certain exceptions, invitations to bid are only published in the Government Bid Bulletin. The Government Bid Bulletin may be obtained directly from the Government Printer, Private Bag X85, Pretoria 0001, or accessed electronically from www.treasury.gov.za. Standards Use The goods supplied shall conform to the standards mentioned in the bidding documents and specifications. of The supplier shall not, without the purchaser’s prior written consent, disclose the contract, or contract any provision thereof, or any specification, plan, drawing, pattern, sample, or information documents furnished by or on behalf of the purchaser in connection therewith, to any person other than a and person employed by the supplier in the performance of the contract. Disclosure to any such information; employed person shall be made in confidence and shall extend only as far as may be inspection necessary for purposes of such performance. The supplier shall not, without the purchaser’s prior written consent, make use of any document or information mentioned in GCC clause except for purposes of performing the contract. Any document, other than the contract itself mentioned in GCC clause shall remain the property of the purchaser and shall be returned (all copies) to the purchaser on completion of the supplier’s performance under the contract if so required by the purchaser. The supplier shall permit the purchaser to inspect the supplier’s records relating to the performance of the supplier and to have them audited by auditors appointed by the purchaser, if so required by the purchaser. CJC/CM/ACCOM/001/2021 Page 35 of 43 Patent rights The supplier shall indemnify the purchaser against all third-party claims of infringement of patent, trademark, or industrial design rights arising from use of the goods or any part thereof by the purchaser. Performance Within thirty (30) days of receipt of the notification of contract award, the successful bidder Security shall furnish to the purchaser the performance security of the amount specified in SCC. The proceeds of the performance security shall be payable to the purchaser as compensation for any loss resulting from the supplier’s failure to complete his obligations under the contract. The performance security shall be denominated in the currency of the contract, or in a freely convertible currency acceptable to the purchaser and shall be either a bank guarantee or an irrevocable letter of credit issued by a reputable bank located in the purchaser’s country or abroad, acceptable to the purchaser, in the form provided in the bidding documents or another form acceptable to the purchaser; or a cashier’s or certified cheque. The performance security will be discharged by the purchaser and returned to the supplier not later than thirty (30) days following the date of completion of the supplier’s performance obligations under the contract, including any warranty obligations, unless otherwise specified in SCC. Inspections, All pre-bidding testing will be for the account of the bidder. If it is a bid condition that supplies tests to be produced or services to be rendered should at any stage during production or execution analyses and or on completion be subject to inspection, the premises of the bidder or contractor shall be open, at all reasonable hours, for inspection by a representative of the Department or an organization acting on behalf of the Department. If there are no inspection requirements indicated in the bidding documents and no mention is made in the contract, but during the contract period it is decided that inspections shall be carried out, the purchaser shall itself make the necessary arrangements, including payment arrangements with the testing authority concerned. If the inspections, tests and analyses show the supplies to be in accordance with the contract requirements, the cost of the inspections, tests and analyses shall be defrayed by the purchaser. Where the supplies or services comply with the contract requirements, irrespective of whether such supplies or services are accepted or not, the cost in connection with these inspections, tests or analyses shall be defrayed by the supplier. Supplies and services which do not comply with the contract requirements may be rejected. Any contract supplies may on or after delivery be inspected, tested or analyzed and may be rejected if found not to comply with the requirements of the contract. Such rejected supplies shall be held at the cost and risk of the supplier who shall, when called upon, remove them immediately at his own cost and forthwith substitute them with supplies which do comply with the requirements of the contract. Failing such removal, the rejected supplies shall be returned at the CJC/CM/ACCOM/001/2021 Page 36 of 43 suppliers cost and risk. Should the supplier fail to provide the substitute supplies forthwith, the purchaser may, without giving the supplier further opportunity to substitute the rejected supplies, purchase such supplies as may be necessary at the expense of the supplier. The provisions shall not prejudice the right of the purchaser to cancel the contract on account of a breach of the conditions thereof, or to act in terms of clauses of GCC. Packing The supplier shall provide such packing of the goods as is required to prevent their damage or deterioration during transit to their final destination, as indicated in the contract. The packing shall be sufficient to withstand, without limitation, rough handling during transit and exposure to extreme temperatures, salt and precipitation during transit, and open storage. Packing, case size and weights shall take into consideration, where appropriate, the remoteness of the goods’ final destination and the absence of heavy handling facilities at all points in transit. The packing, marking, and documentation within and outside the packages shall comply strictly with such special requirements as shall be expressly provided for in the contract, including additional requirements, if any, specified in SCC, and in any subsequent instructions ordered by the purchaser. Delivery and Delivery of the goods shall be made by the supplier in accordance with the terms specified in Documents the contract. The details of shipping and/or other documents to be furnished by the supplier are specified in SCC. Documents to be submitted by the suppliers are specified in SCC. Insurance The goods supplied under the contract shall be fully insured in a freely convertible currency against loss or damage incidental to manufacture or acquisition, transportation, storage and delivery in the manner specified in the SCC. Transportation Should a price other than an all-inclusive delivered price be required, this shall be specified in the SCC. Incidental The supplier may be required to provide any or all of the services, including additional services, services if any, specified in SCC, including a) performance or supervision of on-site assembly and/or commissioning of the supplied goods; (b) furnishing of tools required for assembly and/or maintenance of the supplied goods; (c) furnishing of a detailed operations and maintenance manual for e