proposal particulars: - south african airways · web viewproposal particulars: provided that you...

STRATEGIC PROCUREMENTREQUEST FOR BID

PROPOSAL PARTICULARS:Provided that you are prepared to comply with the conditions herein you are invited to submit a Tender for the following Scope of Service: SUBJECT: REQUEST FOR BID FOR A SERVICE

PROVIDER FOR ASNT LEVEL III SERVICES(hereinafter referred to as GOODS and SERVICES)

Request No: (RFB No.) SAAT 020/14Date Issued: 18 November 2014Closing Date: 2 December 2014Closing Time: 11h00 (GMT+2)Proposal Queries: The Project Manager

Rohit HansjeeFax: +27 (0)11 978-9234E-mail: [email protected]

SUBMISSION PARTICULARS:Company Name:Registration #:Contact Person:Telephone #:Facsimile #:E-mail Address:------------------------------------To be completed by South African Airways Technical-----------------------

SUBMISSION ADMINISTRATION:BAC Liaison:Procurement Liaison:Date Stamp

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Commercial in Confidence – SAAT020/14ASNT Level III Services


Table of Contents

Introduction ........................................................................................Page 3

Conditions ...........................................................................................Page 4

Supplier Details ...................................................................................Page 8

Scope of Service ..................................................................................Page 9

Evaluation Criteria ...............................................................................Page 11

Pricing …………………............................................................................ Page 16

Deviations from Request of Bid ............................................................1

Board Resolution/Delegation of Powers.................................................Page 22

References .........................................................................................Page 23

Confirmation of intention to quote .......................................................Page 24

Preference points claim form ...............................................................Page 25

Page 2 of 33



Introduction

South African Airways Technical SOC Limited (Reg. No. 1999/024058/30)(Hereinafter referred to as “SAAT”)

Is committed to remain the maintenance, repair and overhaul facility of choice in the market it serves.

This is inspired by our unqualified belief in service excellence, integrity, accountability, quality, safety, people development and value to our shareholders.

All our business relations are guided by these values and business practice. Our business partners and suppliers are expected to uphold, promote and share the same values and vision.

The quality, price and service that we provide our customers can only be as good as what we receive from our suppliers.

We strive for continuous improvement in our critical business areas and seek to establish relationships with suppliers that are equally passionate in their quest for better quality, price and service. Accordingly SAAT is in a process of cutting its operating costs over the next few years. We will therefore be keen to understand how suppliers can help us achieve this important and necessary goal.

It is therefore against this background that SAAT invites suitably qualified and experienced suppliers to tender for the supply of the GOOD/SERVICES.

Procurement Philosophy

It is the policy of SAAT, when purchasing GOODS/ SERVICES, to follow a course of optimum value and efficiency by adopting best purchasing practices in supply chain management, ensuring where possible that open and fair competition has prevailed, with due regard being had to the importance of:

1. The Public Finance Management Act (PFMA) and the Preferential Procurement Policy Framework Act (PPPFA).

2. The promotion, development and support of businesses from Exempted Micro Enterprises and Qualifying Small Enterprises, more than 51% Black Owned, Black Youth Owned, People Living in Rural Areas (towns and cities outside of the four Metros), Black People with Disabilities as part of the B-BBEE imperatives

3. The promotion of domestic suppliers and agents before considering overseas suppliers and where purchases are from abroad, fostering development of local suppliers by the foreign suppliers in terms of setting aside 25% of the purchase for developing the local supplier; as well as

4. The development, promotion and support for the moral values that underpin the above, in terms of SAAT’s Business Ethics and Guidelines which requires that all commercial conduct be based on ethical and moral values and sound business practice. This value system governs all commercial behaviour within SAAT.

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1. Conditions1.1.DISSEMINATION OF DOCUMENT

1.1.1. The bid documentation will be made available free of charge for downloading from SAA website (www.flysaa.com) on the SAA Tenders section with effect from 11h00 hours on 18 November 2014.

1.1.2 A tender is subject to an offset obligation under the National Industrial Participation requirements mandated by the South African Department of Trade and Industry (DTI) where the contract value exceeds US$10 million (or the equivalent thereof). “Direct NIPP” which is used in procurements where there is potential to develop or support direct strategic industries; or “Indirect NIPP” which is used in procurements where there is no potential for local manufacturing or supporting strategic industries is to be applied to this tender as one of the four tiers of procurement.

Information in this regard to this programme can be obtained at:

http://www.thedti.gov.za/industrial_development/nipp.jsp

1.2.CONDITIONS OF PROPOSAL

1.2.1. The final terms and conditions are subject to negotiations and a conclusion of an agreement between the parties.

1.2.2. Final payment terms will be negotiated with the successful tender before awarding the tender.

1.2.3. The Bidder shall provide its best price in the tender. This price will be considered together with all other relevant criteria in the tender. The validity period of quoted prices should be clearly stated in the tender.

1.2.4. The tender shall be awarded, whether in whole or in part, at the sole and absolute discretion of SAAT. SAAT hereby represents that it is not obliged to award this tender to any Bidder. SAAT is entitled to retract this tender at any time as from the date of issue. SAAT is not obliged to award this tender to the Bidder that quotes the lowest tender. In the event that SAAT does make an award and should the successful Bidder then fail to honour its tender such Bidder shall be liable to SAAT for any damages SAAT may incur as a result of such breach.

1.2.5. The Bidder shall be disqualified from tendering if any attempt is made either directly to solicit and/ or canvass any information from any employee or agent of SAAT regarding this tender from the date the offer is submitted until the date of award of the tender.

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http://www.thedti.gov.za/industrial_development/nipp.jsp

http://www.flysaa.com/


1.2.6. SAAT will adjust any arithmetical errors found in the Proposal and shall advise the Bidder accordingly.

1.2.7. Proposals and any information contained within will be treated as confidential and will not be disclosed to any third party – including other Bidders.

1.2.8. Bidders shall prepare and submit Proposals at their own expense.

1.2.9. The successful Bidder shall:1.2.9.1. Supply and deliver GOODS AND SERVICES in accordance with the

specifications, at the negotiated prices and in accordance with the delivery conditions;

1.2.9.2. Agree that the Scope of Service document constitutes a general list and indication of GOODS AND SERVICES required at OR Tambo International Airport.

1.2.9.3. Enter into a non-exclusive contract when requested to do so by SAAT within the stipulated period;

1.2.9.4. Be liable for all additional expenses incurred by SAAT in having to call for tenders afresh and/ or accepting any less favourable tender in the event that the Bidder fails to enter into a contract with SAAT timeously.

1.3.SUBMISSION OF TENDERS

1.3.1. Proposals pertaining thereto shall be submitted in a sealed parcel/envelope. The envelope must be clearly marked with:the RFB No: SAAT 020/14Closing Date: 2 December 2014Proposal/Confidential/Do Not open;Bidders name and address on the back of the envelope;

and must be addressed as follows:

FOR ATTENTION:

Chairperson: Bid Adjudication Council (BAC)

Hand delivered tenders, via courier service, must be sealed in a parcel or envelope marked “Proposal/confidential/do not open” and placed in the Tender Box situated at the:

South African Airways (SOC) LtdTENDER BOXMain Reception Gate,Airways Park, Jones Road,O.R. Tambo International Airport

by not later than 11h00 (GMT+2), on the 2 December 2014

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Late tenders will not be considered and tenders delivered to any address or deposited in any box other than that stipulated herein will be regarded as late tender and will consequently be returned to Bidders.

1.3.2. The proposal must be despatched in time to reach SAAT by not later than 11h00 (GMT+2), on the 2 December 2014.

1.3.3. A soft copy of the bid template is to accompany the tender.

1.3.4. No facsimile or e-mail tenders will be considered.

1.3.5. Proposals submitted shall consist of all documents listed in Appendix 4 – the checklist, which forms the minimum acceptable requirement.

1.4.PERIOD OF ACCEPTANCE

1.4.1. Proposals shall be open for acceptance for a period of at least 120 calendar days after the closing date.

1.4.2. It should be noted that Bidders may offer a shorter validity period, but that they may, in that event, be disregarded for this reason.

1.4.3. Should Bidders be unable to comply with this validity period, an alternative validity period may be offered hereunder.

The tender holds good until - State alternative period:

Comment:

Signature of Bidder(s):

Date:

1.5.DEVIATIONS FROM RFB

1.5.1. Should the Bidder desire to make any departures from, or modifications to this Request for Bid or to qualify its Proposal in any way, it shall clearly set out its proposals within the framework posted under Appendix 5 hereunder or alternatively state them in a covering letter attached to its Proposal and referred to hereunder, failing which the Tender shall be deemed to be unqualified and conforms exactly with the requirements of this Request for Bid.

1.5.2. Unless otherwise specified specifically and stipulated in writing, the sole memorial of any contract between the parties shall be the provisions of the contract in this regard and any terms and conditions forming part of the Bidders Proposal or other documentation shall not form part of the Contract and shall be of no force or effect.

1.6.COMMUNICATIONS SURROUNDING THE RFB

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1.6.1. All queries surrounding the tender must be addressed to the Project Manager as stipulated on page one (1 of 31) of this RFB; in writing.

1.6.2. Any queries addressed to individuals other than as stipulated; whether verbal, telephonic, and written or in any other form, will eliminate the Bidder from this process.

1.6.3. No discussions will be entered into surrounding elimination through non-compliance of clause 1.6.1.

1.6.4. SAAT reserves the right to clarify any information with any bidder regarding their response to the RFB.

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1.7.SUPPLIER DETAILS

Supplier Physical Address:

Telephone No:Fax No:Contact Person:E-mail:Company Registration No:Banking Details: Bank Name:Account No:Branch Code:If the items being offered on this Bid originate from a country, other than RSA, please supply the following details: Country of Origin:Country of Manufacture:Country of Export:Manufacturer Name:Manufacturer Address in full:

The Bidder must state hereunder the annual holiday closedown period and also if this period has been included in the delivery period offered:

SIGNATURE OF BIDDER

DATE

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Scope of Service Appendix 1

Item:REQUEST FOR BID FOR A SERVICE PROVIDER FOR ASNT LEVEL III SERVICES

Introduction:SAAT do not have certified Responsible Level 3 personnel. It needs to source a service provider for these services as it is mandatory for SAAT to have this in order to maintain its’ NDT MRO capability, as required by the regulatory agencies.

The Responsible Level 3 shall be certified in accordance with the NANDTB standard in more than one NDT method. He/she shall also have a thorough knowledge of the written instructions, codes, specifications and standards used by SAAT. He/she shall also have a thorough knowledge of the materials, components, product technologies, NDT methods and NDT techniques used by SAAT. In addition to the above, the Responsible Level 3 shall also administer training and certification to SAAT NDT personnel.

Scope of Services

Description of Services Yes/NoThe Responsible Level 3 must have an equivalent of 50 working days on-site presence per annumThe Responsible Level 3 must have affiliation to European Aerospace NDT Board including EN4179:2010 as amendedThe Responsible Level 3 must have NAS 410E Level 3 accreditationThe Responsible Level 3 must have ASNT Level 3 certification in Magnetic Particle (MT); Liquid Penetrant (PT); Eddy Current (ET); Ultrasound (UT); Radiography (RT); Thermography (Pulse and Flashed)The Responsible Level 3 must be prepared to undergo in-house assessments to be granted an EASA Form 4 post holderThe Responsible Level 3 must conduct audits in accordance with ASTM-E 543-06The Responsible Level 3 must train, conduct examinations and verify certification in accordance with ASNT document SNT-TC-1A

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The Responsible Level 3 must administer technical performance appraisal of the NDT technicians in accordance with the company’s written practice. (QWIM’s and WIM’s)The Responsible Level 3 must represent SAAT in audits with SACAA, FAA and EASAThe Responsible Level 3 must agree to provide written reports as requested by SAAT Quality AssuranceThe Responsible Level 3 must monitor NDT equipment as to condition and serviceabilityThe Responsible Level 3 must be available on 24 hour call-out The Responsible Level 3 must be available on ad-hoc bases over and above prescribed daysThe Responsible Level 3 must review and approve all written NDT instructions, including drafting and approval where new procedures are requiredThe Responsible Level 3 must be available for telephonic technical and NDT based queries for issues not requiring visitation to siteThe Responsible Level 3 must perform verification of qualification and experience of new employees or sub-contractors The Responsible Level 3 must attend arbitration on behalf of SAAT NDT The Responsible Level 3 must conduct audits of sub-contractors premises The Responsible Level 3 must be capable of assuming the responsibility for the NDT facility staffThe Responsible Level 3 must conduct an audit of the production areas where NDT work is performed to ensure regulatory and procedural complianceThe Responsible Level 3 must be ready to carry out practical hands-on inspection on any of the required NDT tasks based on previous experience

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Evaluation Criteria Appendix 2

Bidders must indicate compliance or non-compliance on a point-by-point basis. Indicate compliance with the relevant bid requirements by marking the YES box and non-compliance by marking the NO box. The bidder must clearly state if a deviation from these requirements are offered and the reason therefore. If an explanatory note is provided, the paragraph reference must be attached as an appendix to the bid submission. Bids not completed in this manner may be considered incomplete and rejected. Should bidders fail to indicate agreement/compliance or otherwise, SAAT will assume that the bidder is not in agreement/compliance with the statement(s) as specified in this bid.

SAAT will interpret YES as full compliance/acceptance to the applicable paragraph. NO will be interpreted that the Bidder/s has/have read and understood the paragraph, but the Bidder/s does/do not comply/accept the content of the applicable paragraph.

Alternative Bids by the Bidder/s or any non-compliance to the specification will be evaluated and considered at SAAT’s sole discretion.

Criteria Details Yes NoSupply of outside agency ASNT Level III NDT Services, including maintenance and auditing to the requirements of NAS 410 and EN 4179 as amendedAgree to a fixed value retention service for a period of three years

Must have comprehensive Aerospace NDT knowledge and experience in Airframe, Engines, Undercarriages, Wheels and Brakes (Provide reference for the above)Full compliance to the Scope of Service, refer to Appendix 1 – Scope of Service

A bid shall not be recommended for acceptance if the bidder is unable to comply with the required critical criteria above.

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1. Critical Criteria

2. Functionality Evaluation Criteria


Proposals received will be evaluated in terms of the following criteria. The method used is pre-determined and is both qualitative and quantitative:

FUNCTIONALITY POINTS: Proficiency in Aviation Manuals and Procedures : The Responsible Level 3 must provide proficiency documentation in the application and understanding of the relevant manuals.

10

Training, Certifications and Re-Certifications of NDT Processes : The Responsible Level 3 must have extensive knowledge and experience to train and certify NDT Personnel. The above will be administered on SAAT premises and within the annual allocated retention days.

35

Turn-around-time for feedback on Audit Reports and Certification results: The Responsible Level 3 will be required to provide all NDT related reports and clarification within stipulated response times. The response times will form part and be measured on a Service Level Agreement (SLA)

30

Avail services on Ad-hoc bases with a response time: The Responsible Level 3 will be called upon for NDT related matters over and above the prescribed days contractually agreed upon. The response times will form part and be measured on a Service Level Agreement (SLA)

25

TOTAL: 100 THRESHOLD: 75

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Please circle/highlight your selection in the table hereunder and indicate the amount of points you have scored.

Functionality Evaluation Criteria

Bidder to indicate points scored

Total Points

Proficiency in Aviation Manuals and Procedures

The Responsible Level 3 must provide proficiency documentation in the application and understanding of the relevant manuals.

Structures Repair Manual (SRM); Component Maintenance Manual (CMM); Aircraft Maintenance Manual (AMM); Service Operating Procedures Manual (SOPM); On Job Training (OJT);CATS; CARS; FAA and EASA 145 knowledge

10 points

No Knowledge or understanding of the above mentioned manuals and procedures

0 points

10

On-site Training, Certifications and Re-Certifications of NDT Personnel and Processes

On-site training, certifications and re-certifications within annual allocated retention days for all NDT personnel and SAAT NDT disciplines. 35 points

On-site training, certifications and re-certifications in excess of annual allocated retention days for all NDT personnel and SAAT NDT disciplines.

35

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20 points

Turn-around-time for feedback on Audit Reports and Certification results

Standard office hours will apply (8hrs)

0 to 24hrs 30 points or24hrs to 40hrs 15 points or40hrs and longer 10 points

The Responsible Level 3 will be required to provide all NDT related reports and clarification within stipulated response times. The response times will form part and be measured on a Service Level Agreement (SLA)

30

Avail services on Ad-hoc bases with a response time

Standard office hours will apply (8hrs)

0 to 24hrs 25 points or24hrs to 40hrs 15 points or40hrs and longer 10 points

The Responsible Level 3 will be called upon for NDT related matters over and above the prescribed days contractually agreed upon. The response times will form part and be measured on a Service Level Agreement (SLA)

25

TOTAL WEIGHT 100

THRESHOLD 75

A bid will be disqualified if it fails to meet the minimum threshold of 75 Points for functionality as per the criteria above.

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Evaluation ElementsPrice 80BBBEE 20

In order to facilitate a comparison between the Bids or quotations, all bids shall be converted to a common basis, as per the PPPFA requirements, the 80/20 principle will be applied as follows:

3.1 Price Evaluation

This RFB will be evaluated in terms of the 80/20 preference point system prescribed by the Preferential Procurement Regulations 2011 as amended. The allocation of points will be as follows:

- Price 80%- BBBEE 20%

Price

Due to the competitiveness of the environment and especially in current times, price is a very important factor as it ensures optimum value for money and reflects directly on SAA’s and SAAT’s bottom line (profitability).

Broad Based Black Economic Empowerment (BBBEE) – International companies may benefit with local representation

The promotion, development and support of businesses from previously disadvantaged communities (small, medium, micro-enterprises, as well as established businesses within those communities) in terms of the BBBEE policy. SAAT will give preference to bidders who are more than 50% Black Owned or more than 50% Black Women Owned and who are SMMES (depending on the commodity being purchased).

Submission of a valid BBBEE certificate is required, except in the case of an Exempt Micro Enterprise (EME) where a formal letter from the Bidder’s registered auditor/accountant stating the following will be accepted:

The Auditor/Accounting officer’s or letterhead with full contact details; The Auditor/Accounting officer’s practice numbers; The name and physical location of the measured entity; The registration number and, where applicable, the VAT number of the measured

entity;

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PHASE 3: Price and BBBEE Evaluation


The date of issue and the date of expiry; The BBBEE Status Level of Contribution obtained by the measured entity; The total black shareholding and total black female shareholding.

SAAT will give preference to bidders who are 51% Black Owned or 30% Black Women Owned and who are SMMES

PRICING APPENDIX 3

Kindly supply a full comprehensive proposal with pricing breakdown for each process listed in Annexure 1.

Price Validity SAAT’s Requirement Bidder’s Comment

Validity of Quotation One hundred and twenty (120) days from the closing date of this bid

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SUPPORTING DOCUMENTS

Please attach the listed documents

Financial Statements Tenderers are required to submit their audited financial statement for the last 2 years.

Public Liability and Incident Insurance

SARS Tax Clearance Certificate (or proof of application for same) Please note new National Treasury instruction for national and international bidders compliance:

http://www.treasury.gov.za/legislation/pfma/TreasuryInstruction/Treasury%20Instruction%203%20of%202014%202015%20on%20Tax%20Clearance%20Certificates.pdf

Bidder to indicate YES / NOBidder must be able to provide proof of Tax Compliance before being issued with a Purchase Order

Indicate whether your company is an: a. Exempted Micro Enterprise (EME)b. Qualifying Small Enterprise (QSE)c. Generic Enterprise

What is the enterprise’s average annual turnover (excl. VAT) during the lesser of the period for which the business has been operating or the previous three financial years?

R__________________________________________

NB. Please submit your most recent set of annual financial statements (AFS) that are audited/independently reviewed not older than twelve months. If these financial statements are older than twelve months, please submit your most recent management accounts (Income Statement, Balance Sheet and Cash Flow) signed by the directors/members.

Please complete the following:

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Checklist for required financial statements Response Comments

For a company and co-operative - Submission of most recent set of AFS signed by the directors and auditors.

For a Close Corporation – Submission of the most recent set of AFS signed by the member(s) and accounting officer / independent reviewer.

Yes No

Yes No

Does the AFS have: Signed audit/accounting office

report and directors/members report

Balance sheet Income statement Cash flow statement

Yes No

If annual set of AFS is older than twelve months, most recent set of interim results or management accounts signed by the directors have been submitted.

Yes No

Do the Management accounts or interim AFS have: Balance sheet Income statement Cash flow statement

Yes No

AFS language medium is English Yes No

Obtained letter of support for subsidiary company if holding company’s AFS was supplied

Yes No

Submission of the following for a Joint Venture or Partnership:

Copy of each participants AFS Joint venture or partnership agreement

Yes No

The financial manager/external auditor/CEO/Accounting Officer (whichever is relevant to your type of business) needs to confirm the following:

The business entity is: a. A Going Concern YES / NO

b. In a Sound Financial Condition YES / NO

c. Has the financial and operational capacity to fulfill the contract requirements

YES / NO

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Signature ____________________________________________________________

Capacity _____________________________________________________________

Identify by name, Historically Disadvantage Individual (HDI) status and length of service, those individuals in the firm (including owners and non-owners) responsible for the day-to-day management and business decisions – Applicable to South African Businesses only

ACTIVITY NAME RACE GENDER M / F

DISABLED? YES / NO

LIVING IN RURAL AREA? YES / NO

FINANCING DECISIONSCheque Signing

Acquisition of lines of creditSureties

Major Purchase or AcquisitionsSigningContracts

BLACK EQUITY OWNERSHIP – Applicable to South African Businesses only

NAME GENDER M / F

DISABLED? YES / NO

I.D. NUMBER NATIONALITY % BLACK OWNERSHIP

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Checklist Appendix 4

We the undersigned submit this Proposal in accordance with the conditions contained in the referenced RFB document and attach the documents required:

No.

Documents Submitted N/A Yes No

Tender Summary & Details Appendix 1 Scope of Services + Soft Copy of Bid TemplateAppendix 2 Evaluation CriteriaAppendix 3 PricingAppendix 4 ChecklistAppendix 5 Deviations from Request for BidAppendix 6 Board Resolution/Delegation of PowersAppendix 7 ReferencesAppendix 8 Confirmation of Intention to Quote and ConfidentialityAppendix 9 SBD 6.1 Preference Points Claim FormSupporting Documents as requested in RFB

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Deviations from RFB Appendix 5

If no departures or modifications are desired, the Schedule hereunder is to be marked “NIL”.

Page Number

Clause Number Deviation

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Board Resolution/ Delegation of Powers Appendix 6Please attach, this existing format is a sample:

Company Name Here

MINUTES OF [Company Name] BOARD MEETING HELD IN [Place] ON [Date]

PRESENT:Mr. Surname (Chairman)Mr. Surname [Designation]

RESOLVED THAT:The company will tender on South African Airways Technical SOC Limited, RFB No: SAAT020/14

FURTHER RESOLVED THAT:Mr. / Mrs. [Company Representative] has been duly authorized to sign all documents relating to this tender on behalf of [Company Name]

Name Surname (Chairman) Witness

Name Surname (Designation)

Witness

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References Appendix 7List three (3) references of present or past, customers, other than SAA/SAAT where service of similar scope has been performed in the last twelve (12) Months. This information is compulsory and must be supported by the provision of a signed letter on the Customer’s letterhead.

1. Company name: _________________________________________

Scope of Work: _________________________________________

_________________________________________

Contact Person & Title: _________________________________________

Telephone: _________________________________________

Address: _________________________________________

_________________________________________

2. Company name: _________________________________________

Scope of Work: _________________________________________

_________________________________________


Telephone: _________________________________________

Address: _________________________________________

_________________________________________

3. Company name: _________________________________________

Scope of Work: _________________________________________

_________________________________________


Telephone: _________________________________________

Address: __________________________________________________________________________________

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Confirmation of Intention to Quote and

Confidentiality

Appendix 8

(To be submitted before Bid Documents Submission, via fax OR email)

COMPANY NAME: __________________________________________

CONTACT PERSON: __________________________________________

REGISTRATION NUMBER: __________________________________________

REQUEST FOR BID FOR A SERVICE PROVIDER FOR ASNT LEVEL III SERVICE - REF: SAAT020/14

We confirm receipt of the above Request for Bid and all specifications, drawings and exhibits and confirm our intention to submit a Bid for the GOODS and SERVICES all in accordance with the Request for Bid.We undertake to keep secret and hold confidential all information relating directly or indirectly to this Request for Bid, the GOODS and SERVICES as defined in the Request for Bid and warrant that the same shall not be divulged by ourselves, our employees or agents to any third party (including prospective Sub-contractors / Suppliers) save to the extent necessary for the preparation of our Bid, and then only on the basis that the recipient of such information shall be bound by similar confidentiality undertakings to those undertaken by ourselves hereunder.We, as Bidders, realise and agree that the fact that we have been invited to submit a Bid and all matters relating to SAAT's handling of the proposed Contract or the selection of Suppliers or potential Suppliers are strictly confidential as among Bidder and SAAT. All announcements as to pre-qualification, Request for Bid, Bidders and Contract negotiations will be made by SAAT only.The above undertaking shall survive the Bid and any subsequent Contract.

We further undertake to return the RFB and all specifications, drawings and exhibits if we are not successful with this enquiry or decide not to submit a Bid.

Communication with Bidder:All further communications concerning this Request for Bid should be addressed for the attention of our

Telephone: Fax:

Yours faithfully

Date: ______________________________

Signature by Bidder’s Representative who hereby acknowledges that he/she is duly authorised to commit the Bidder to this undertaking.

Kindly acknowledge receipt of this bid and indicate your agreement with the above-mentioned by return message to

Fax: 27 11 978-2638 / [email protected]

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SBD 6.1 Preference Points Claim Form Appendix 9

SBD 6.1PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT REGULATIONS 2011

This preference form must form part of all bids invited. It contains general information 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, 2011.

1. GENERAL CONDITIONS

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

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

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

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

1.3 Preference points for this bid shall be awarded for:

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

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

POINTS

1.3.1.1 PRICE 80

1.3.1.2 B-BBEE STATUS LEVEL OF CONTRIBUTION 20

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

1.4 Failure on the part of a bidder to fill in and/or to sign this form and submit a B-BBEE Verification Certificate from a Verification Agency accredited by the South African

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Accreditation System (SANAS) or a Registered Auditor approved by the Independent Regulatory Board of Auditors (IRBA) or an Accounting Officer as contemplated in the Close Corporation Act (CCA) together with the bid, will be interpreted to mean that preference points for B-BBEE status level of contribution are not claimed.

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

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 EconomicEmpowerment 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 “Broad-Based Black Economic Empowerment Act” means the Broad-Based Black Economic

Empowerment Act, 2003 (Act No. 53 of 2003);

2.6 “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;

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

of a contract;

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

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

2.10 “Firm price” means the price that is only subject to adjustments in accordance with the 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

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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;

2.11 “functionality” means the measurement according to predetermined norms, as set out in the bid

documents, of a service or commodity that is designed to be practical and useful, working or

operating, taking into account, among other factors, the quality, reliability, viability and durability of a

service and the technical capacity and ability of a bidder;

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

2.13 “person” includes a juristic person;

2.14 “rand value” means the total estimated value of a contract in South African currency, calculated at

the time of bid invitations, and includes all applicable taxes and excise duties;

2.15 “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;

2.16 “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;

2.17 “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

2.18 “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.

3. ADJUDICATION USING A POINT SYSTEM

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

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

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

3.4 In the event that two or more bids have scored equal total points, the successful bid

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must be the one scoring the highest number of preference points for B-BBEE.

3.5 However, when functionality is part of the evaluation process and two or more bids have

scored equal points including equal preference points for B-BBEE, the successful bid must

be the one scoring the highest score for functionality.

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

4. POINTS AWARDED FOR PRICE

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

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

80/20 or 90/10

or

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

5. Points awarded for B-BBEE Status Level of Contribution

5.1 In terms of Regulation 5 (2) and 6 (2) of the Preferential Procurement Regulations, preference 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 (90/10 system)

Number of points (80/20 system)

1 10 20

2 9 18

3 8 16

4 5 12

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5 4 8

6 3 6

7 2 4

8 1 2

Non-compliant contributor

0 0

5.2 Bidders who qualify as EMEs in terms of the B-BBEE Act must submit a certificate issued by an Accounting Officer as contemplated in the CCA or a Verification Agency accredited by SANAS or a Registered Auditor. Registered auditors do not need to meet the prerequisite for IRBA’s approval for the purpose of conducting verification and issuing EMEs with B-BBEE Status Level Certificates.

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

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

5.5 A trust, consortium or joint venture will qualify for points for their B-BBEE status level as an unincorporated entity, provided that the entity submits their consolidated B-BBEE scorecard as if they were a group structure and that such a consolidated B-BBEE scorecard is prepared for every separate bid.

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

5.7 A person will not be awarded points for B-BBEE status level if it is indicated in the bid documents that such a bidder intends sub-contracting more than 25% of the value of the contract to any other enterprise that does not qualify for at least the points that such a bidder qualifies for, unless the intended sub-contractor is an EME that has the capability and ability to execute the sub-contract.

5.8 A person awarded a contract may not sub-contract more than 25% of the value of the contract to any other enterprise that does not have an equal or higher B-BBEE status level than the person concerned, unless the contract is sub-contracted to an EME that has the capability and ability to execute the sub-contract.

6. BID DECLARATION

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

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

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

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

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

applicable) 8.1.1 If yes, indicate:

(i) what percentage of the contract will be subcontracted? ............……………….…%

(ii) the name of the sub-contractor? …………………………………………………………..(iii) the B-BBEE status level of the sub-contractor?……………..(iv) whether the sub-contractor is an EME? YES / NO (delete which is not

applicable)

9 DECLARATION WITH REGARD TO COMPANY/FIRM

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

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

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

9.4 TYPE OF COMPANY/ FIRM

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

9.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES

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

9.6 COMPANY CLASSIFICATION

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

[TICK APPLICABLE BOX]

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

9.8 I/we, the undersigned, who is / are duly authorised to do so on behalf of the company/firm, certify that the points claimed, based on the B-BBE status level of contribution indicated 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 purchaser that the claims are correct;

(iv) If the B-BBEE status level of contribution has been claimed or obtained on a fraudulent basis or any of the conditions of contract have not been fulfilled, the purchaser may, in addition to any other remedy it may have –

(a) disqualify the person from the bidding process;

(b) recover costs, losses or damages it has incurred or suffered as a result of that person’s conduct;

(c) cancel the contract and claim any damages which it has suffered as a result of having to make less favourable arrangements due to such cancellation;

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

(e) forward the matter for criminal prosecution

WITNESSES:

1. ………………………………………

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

2. ………………………………………

DATE:………………………………..

ADDRESS:…………………………..

….……………….……………………

……………………………………….

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