Invitation To Bid

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REQUEST FOR SUBMISSION OF OFFER FOR

BUYING OF SCRAP METAL IN KRUGER NATIONAL


PARK

Page 1 of 23 REQUEST FOR OFFER TO PURCHASE CANNING SCRAP METAL FROM THE CANNING FACTORY
REQUEST FOR OFFER TO PURCHASE CANNING
SCRAP METAL FROM THE CANNING FACTORY
You are hereby invited to submit offer to purchase scrap metal
(KRUGER NATIONAL PARK)

RFP Number: KNP-003-17


Advertisement Date: 17 August 2017
Compulsory briefing 22 August 2017
session
Briefing session time 10am
Closing Date: 29 August 2017
Closing Time: 16:00
Supply Chain Management,
Offer to be submitted or
Procurement Office
Delivered to this Address
Administrative Block,
to:
Skukuza,
Kruger National Park, 1350
Offer can be submitted or
Delivered by Email [email protected]
Address to:
For Attention: Ms Khethiwe Silubane
Contact details Tel: 013 735 4352
Email Address Email: [email protected]

Name of Service Provider:


Postal Address:

Street Address:

Telephone Number: Code: Number:


Cell phone Number:
Email address:
Contact Person:

Page 2 of 23 REQUEST FOR OFFER TO PURCHASE CANNING SCRAP METAL FROM THE CANNING FACTORY
South African National Parks (SANParks) is a public entity functioning under National Environmental
Management: Protected Areas Act 57 of 2003 (Act 57 of 2003); with the mandate to conserve; protect;
control; and manage national parks and other defined protected areas and their biological diversity
(Biodiversity). As a public entity, SANParks is also governed by the Public Finance Management Act, Act 1
of 1999 (as amended by Act 29 of 1999), and it is listed as Schedule 3 Part A: 25 public entities.
SANParks’ operations are totally guided by its vision statement and mission statement. As a public entity, the
organisation is committed to act in pursuance of transformation of South Africa’s society in support of
entrenching South Africa’s democracy.

In this regard, the organisation has adopted a transformation mission to guide its efforts accordingly.
WHEREAS SANParks has publicly advertised for offers from third parties to purchase of the Canning Factory
Scrap metal in various locations within the Kruger National Park

AND WHEREAS the BIDDER wishes to make an offer before 29 August 2017 at 16H00 to purchase of the
Canning factory Scrap metal in the abattoir in the Kruger National Park

NOW THEREFORE the BIDDER submits an offer to SANParks to purchase of the Canning factory Scrap
metal in the abattoir in the Kruger National Park on the basis set out in this Offer.

Page 3 of 23 REQUEST FOR OFFER TO PURCHASE CANNING SCRAP METAL FROM THE CANNING FACTORY
CONDITIONS AND UNDERTAKINGS BY BIDDER
a. The Bid forms should not be retyped or redrafted but photocopies may be prepared and used. However,
only documents with the original signature in black ink shall be accepted. Additional offers against any item should
be made on a photocopy of the page in question.
b. Black ink should be used when completing Bid documents.
c. Bidders should check the numbers of the pages to satisfy themselves that none is missing or duplicated. SANParks
will accept NO liability in regard to anything arising from the fact that pages are missing or duplicated.
d I/We hereby Bid to supply all or any of the supplies and/or to procure all or any of the services described in the
attached documents to SANParks on the terms and conditions and in accordance with the specifications stipulated
in the Bid documents (and which shall be taken as part of, and incorporated into, this Bid) at the prices inserted
therein.
e. I/We agree that –

f. the offer herein shall remain binding upon me/us and open for acceptance by SANParks during the validity period
indicated and calculated from the closing hour and date of the Bid;
g. the laws of the Republic of South Africa shall govern the contract created by the acceptance of my/our Bid and that
I/we choose domicilium citandi et executandi in the Republic as indicated below; and

NB: BIDDERS TERMS AND CONDITIONS ARE NOT ACCEPTABLE.

I/We furthermore confirm that I/we have satisfied myself/ourselves as to the correctness and validity of my/our Bid
that the price(s) and rate(s) quoted cover all the work/item(s) specified in the Bid documents and that the price(s)
and rate(s) cover all my/our obligations under a resulting contract and that I/we accept that any mistakes regarding
price(s) and calculations will be at my/our risk.
I/We hereby accept full responsibility for the proper execution and fulfilment of all obligations and conditions
devolving on me/us under this Bid as the Principal(s) liable for the due fulfilment of this contract.

Signature(s) of Bidder or assignee(s) Date


Name of signing person (in block letters)
Capacity
Are you duly authorized to sign this bid?
Name of Bidder [company name] (in block
letters)
Postal address (in block letters)
Domicilium citandi et executandi in the RSA (full street address of this place) (in block letters)

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

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

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

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

Telephone Number:…. ………………… Fax Number ……………..................................................................

Cell Number: .…………………………………….. Email Address ….………………………………..……………………..

Page 4 of 23 REQUEST FOR OFFER TO PURCHASE CANNING SCRAP METAL FROM THE CANNING FACTORY
INSTRUCTIONS TO BIDDER
1 Confidential information disclosure notice
1.1 This document may contain confidential information that is the property of South African National Parks (SANParks).
1.2 No part of the contents may be used, copied, disclosed or conveyed in whole or in part to any party in any manner
whatsoever other than for preparing a proposal in response to this Bid, without prior written permission from
SANParks.
1.3 All copyright and Intellectual Property herein vests with SANParks.

2 Introduction
2.1 Purpose
2.1.1 The purpose of this Request for Bid (RFP) is an invitation to potential suppliers (hereinafter referred to as “Bidders”) to
submit Offer to Purchase Scrap Metal from Kruger National Park – KNP-002-2017

2.2 Objectives
2.2.1 The following objectives must be achieved with the implementation of the above required solution:
2.2.1.1 Based on the Bids submitted and the outcome of the evaluation process according to the set evaluation criteria,
SANParks intends to select a preferred bidder/s with the view of concluding a service level agreement (SLA) where
applicable with such successful bidder. The Bid shall be evaluated in terms of the PPPFA (90/10).

2.3 Queries
2.3.1 Should it be necessary for a bidder to obtain clarity on any matter arising from or referred to in this RFP document,
please refer queries, in writing, to the contact person(s) listed below. Under no circumstances may any other
employee within SANParks be approached for any information. Any such action may result to disqualification of a
response submitted in response to the RFP. SANParks reserves the right to place responses to such queries on the
website.

Name Type of Query Email address

Lawrence.chauke Bid Queries [email protected]

Enquiries should reference specific paragraph numbers, where appropriate.


All questions/enquiries must be forwarded in writing not later than Friday 25th August 2017 at 11h00.
Questions/enquiries received after Friday 25th August at 11h00 will not be considered.

Bidders are not allowed to contact any other SANParks staff in the context of this tender other
that the indicated official under 2.3.1.

2.4 Bid Documents


2.4.1 Bids must be hand delivered or emailed to [email protected] (if couriered) reach Skukuza
Procurement by no later than 16h00 on the 29nd August 2017.

3 General rules and instructions


3.1 Confidentiality
3.1.1 The information contained in this document is of a confidential nature, and must only be used for purposes of
responding to this RFP. This confidentiality clause extends to Bidder partners and/or implementation agents, whom
the Bidder may decide to involve in preparing a response to this RFP.

Page 5 of 23 REQUEST FOR OFFER TO PURCHASE CANNING SCRAP METAL FROM THE CANNING FACTORY
3.1.2 For purposes of this process, the term “Confidential Information” shall include all technical and business information,
including, without limiting the generality of the foregoing, all secret knowledge and information (including any and all
financial, commercial, market, technical, functional and scientific information, and information relating to a party’s
strategic objectives and planning and its past, present and future research and development), technical, functional
and scientific requirements and specifications, data concerning business relationships, demonstrations, processes,
machinery, know-how, architectural information, information contained in a party’s software and associated material
and documentation, plans, designs and drawings and all material of whatever description, whether subject to or
protected by copyright, patent or trademark, registered or un-registered, or otherwise disclosed or communicated
before or after the date of this process.

3.1.3 The receiving party shall not, during the period of validity of this process, or at any time thereafter, use or disclose,
directly or indirectly, the confidential information of SANParks (even if received before the date of this process) to any
person whether in the employment of the receiving party or not, who does not take part in the performance of this
process.

3.1.4 The receiving party shall take all such steps as may be reasonably necessary to prevent SANParks’ confidential
information coming into the possession of unauthorised third parties. In protecting the receiving party’s confidential
information, SANParks shall use the same degree of care, which does not amount to less than a reasonable degree
of care, to prevent the unauthorised use or disclosure of the confidential information as the receiving party uses to
protect its own confidential information.

3.1.5 Any documentation, software or records relating to confidential information of SANParks, which comes into the
possession of the receiving party during the period of validity of this process or at any time thereafter or which has
so come into its possession before the period of validity of this process:

3.1.5.1 Shall be deemed to form part of the confidential information of SANParks;


3.1.5.2 Shall be deemed to be the property of SANParks;
3.1.5.3 shall not be copied, reproduced, published or circulated by the receiving party unless and to the extent that such
copying is necessary for the performance of this process and all other processes as contemplated in; and
3.1.5.4 Shall be surrendered to SANParks on demand, and in any event on the termination of the investigations and
negotiations, and the receiving party shall not retain any extracts.

3.2 News and press releases


3.2.1 Bidders or their agents shall not make any news releases concerning this RFP or the awarding of the same or any
resulting agreement(s) without the consent of, and then only in co-ordination with SANParks.

3.3 Precedence of documents


3.3.1 This RFP consists of a number of sections (see list). Where there is a contradiction in terms between the clauses,
phrases, words, stipulations or terms and herein referred to generally as stipulations in this RFP and the stipulations
in any other document attached hereto, or the RFP submitted hereto, the relevant stipulations in this RFP shall take
precedence.
3.3.2 Where this RFP is silent on any matter, the relevant stipulations addressing such matter and which appears in the
PPPFA shall take precedence. Bidders shall refrain from incorporating any additional stipulations in its proposal
submitted in terms hereof other than in the form of a clearly marked recommendation that SANParks may in its sole
discretion elect to import or to ignore. Any such inclusion shall not be used for any purpose of interpretation unless it
has been so imported or acknowledged by SANParks.

Page 6 of 23 REQUEST FOR OFFER TO PURCHASE CANNING SCRAP METAL FROM THE CANNING FACTORY
3.3.3 It is acknowledged that all stipulations in the PPPFA are not equally applicable to all matters addressed in this RFP.
It however remains the exclusive domain and election of SANParks as to which of these stipulations are applicable
and to what extent. Bidders are hereby acknowledging that the decision of the SANParks in this regard is final and
binding. The onus to enquire and obtain clarity in this regard rests with the vendor(s). The vendor(s) shall take care
to restrict its enquiries in this regard to the most reasonable interpretations required to ensure the necessary
consensus.

3.4 Preferential Procurement Reform


3.4.1 SANParks supports Black Economic Empowerment as an essential ingredient of its business. In accordance with
government policy, SANParks insists that the private sector demonstrates its commitment and track record to Black
Economic Empowerment in the areas of ownership (shareholding), skills transfer, employment equity and
procurement practices (SMME Development) etc.
3.4.2 SANParks shall apply the principles of the Preferential Procurement Policy Framework Act, (Act No. 5 of 2000) with
its Preferential Procurement Regulation 2011 to this proposal.
3.4.3 Bidders shall complete the preference certificate attached to this proposal. In the case of a consortium and
subcontractors, the preference certificate must be completed for each legal entity (Annex C).

3.5 Security clearances


3.5.1 Employees and subcontractors of the Bidders may be required to be in possession of valid security clearances to the level
determined by NIA or/or SANParks commensurate with the nature of the project activities they are involved in. The cost
of obtaining suitable clearances is for the account of the bidders. The Bidders shall supply and maintain a list of personnel
involved on the project indicating their clearance status.

3.6 Occupational Injuries and Diseases Act 13 of 1993


3.6.1 The Bidder warrants that all its employees (including the employees of any sub-contractor that may be appointed)
are covered in terms of the Compensation for Occupational Injuries and Diseases Act 13 of 1993 (“COIDA”) and that
the cover shall remain in force for the duration of the adjudication of this bid and/ or subsequent agreement. SANParks
reserves the right to request the Bidder to submit documentary proof of the Bidder’s registration and “good standing”
with the Compensation Fund, or similar proof acceptable to SANParks.

Page 7 of 23 REQUEST FOR OFFER TO PURCHASE CANNING SCRAP METAL FROM THE CANNING FACTORY
1. BIDDER’s DETAILS:
Personal identification detail:
Name of Bidder:
…………………..…………………………………………………………
ID Number:
…………………………………………………………………………………
Postal Address Physical Address

Contact detail:
Tel:
…………………………………………………………………………………………..
Fax: ………………………………………………………………………………………….
Cell: ………………………………………………………………………………………….
Email: ………………………………………………………………………………………..

2. SPECIFIC TERMS TO APPLY TO BIDDER’S OFFER

2.1 The BIDDER hereby agrees that the following terms and conditions shall apply to this
Offer:

2.2 SANParks shall be entitled in its absolute discretion to accept or to reject this Offer in whole or in
part.

2.3 This Offer, if accepted by SANParks, shall be subject to the suspensive condition that the Bidder
and SANParks sign a Sales Agreement for the sale of the Scrap metal referred to in this Offer,
on terms and conditions acceptable to SANParks, within a period of 10 calendar days after
SANParks advising the Bidder in writing of SANParks’ acceptance of the Offer, failing which this
Offer will lapse and be of no further force or effect.

2.4 Only if a Sales Agreement is validly concluded, will delivery of Scrap Metal take place.

2.5 The sales price owing for the purchase of the Scrap metals shall be paid to SANParks, in cash,
without deduction or set – off, in accordance with the Sales Agreement, and into a bank account
nominated by SANParks, prior to any translocation of Scrap metals commencing.

2.6 SANParks will be under no obligation to allow the Scrap metal or any number thereof to move out
of the control of SANParks unless and until it is satisfied that all amounts owing for all of the Scrap
metals have been paid.

2.7 SANParks will apply its own analysed price baseline to determine if the submitted offer/s is
acceptable and market related, as such SANParks reserves the right to negotiate with the highest
offer for better offer if submitted offer/s are considered to be below SANParks determined Scrap
metal price baseline.

2.8 The bidder will be allowed to bid per camp.

3. COMPLIANCE WITH APPLICABLE LEGISLATION

Page 8 of 23 REQUEST FOR OFFER TO PURCHASE CANNING SCRAP METAL FROM THE CANNING FACTORY
3.1 In making this Offer and in subsequently agreeing to contract with SANParks to purchase the
Scrap metals specified in this Offer, the Bidder undertakes and agrees that the Bidder will adhere
to all applicable national and provincial legislation, regulations and guidelines as may apply to the
sale, transport, delivery and subsequent possession, management and use of the Scrap metals.

3.2 As such the Bidder agrees, insofar as any such provisions will apply to the sale of the Scrap
metals:

4 MINIMUM REQUIREMENTS

4.1 Any bidder who fails to comply with the below requirements WILL be eliminated and the bid will
not be considered.
4.2 Bid forms must be properly received on the bid closing date and time.
4.3 Bid forms must be fully completed, dated, signed in ink and initialed on every page.
4.4 Submission of original valid Tax Clearance Certificate (SBD 2).
4.5 Any bid proposal without an original valid Tax Clearance Certificate will be considered non-
responsive and shall be disqualified.
4.6 Submission of fully completed SBD4 (Declaration of Interest).
4.7 Submission of fully completed SBD 8 (Declaration of Bidder’s Past SCM Practice).
4.8 Submission of fully completed SBD 9 (Certificate of Independent Bid Determination).
4.9 Preferences are offered to bidders for Broad-Based Black Economic Empowerment (B-BBEE)
Status Level of Contribution in instances of equal submitted offers.
4.10 The bidder must be registered with the central supplier database www.csd.gov.za
4.11 Bidders will be allowed to bid per camp.

Signature: …………………………………… Date: ………………….

FULL NAME: …………………………………………………………..


(O.b.o. the Bidder and hereby warranting his/her authority to sign)

Page 9 of 23 REQUEST FOR OFFER TO PURCHASE CANNING SCRAP METAL FROM THE CANNING FACTORY
5. BIDDER’s BID/ OFFER

5.1 The Bidder hereby offers to purchase the following Scrap metals from SANParks,

PRICING SCHEDULE

Price offer is R__________________________

Price takes into account, dismantling and transporting of steel outside the park.

Page 10 of 23 REQUEST FOR OFFER TO PURCHASE CANNING SCRAP METAL FROM THE CANNING FACTORY
SBD 4

DECLARATION OF INTEREST

1. Any legal person, including persons employed by the state¹, or persons having a kinship with
persons employed by the state, including a blood relationship, may make an offer or offers in
terms of this invitation to bid (includes an advertised competitive bid, a limited bid, a proposal
or written price quotation). In view of possible allegations of favouritism, should the resulting
bid, or part thereof, be awarded to persons employed by the state, or to persons connected with
or related to them, it is required that the bidder or his/her authorised representative declare
his/her position in relation to the evaluating/adjudicating authority where-

- the bidder is employed by the state; and/or

- the legal person on whose behalf the bidding document is signed, has a relationship with
persons/a person who are/is involved in the evaluation and or adjudication of the bid(s),
or where it is known that such a relationship exists between the person or persons for or
on whose behalf the declarant acts and persons who are involved with the evaluation and
or adjudication of the bid.

2. In order to give effect to the above, the following questionnaire must be completed and
submitted with the bid.
2.1 Full Name of bidder or his or her representative: ………………………………………………
2.2 Identity Number:……………………………………………………………………………………

2.3 Position occupied in the Company (director, trustee, shareholder², member):


……………………………………

2.4 Registration number of company, enterprise, close corporation, partnership agreement or trust:
………………

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 –

Page 11 of 23 REQUEST FOR OFFER TO PURCHASE CANNING SCRAP METAL FROM THE CANNING FACTORY
(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 YES / NO
presently employed by the state?
2.7.1 If so, furnish the following particulars:

Name of person / director / trustee / shareholder/ member: ……....…………………………


Name of state institution at which you or the person
connected to the bidder is employed : …………. ……………………………………………………
Position occupied in the state institution: …………………………………
Any other particulars:
………………………………………………………………
………………………………………………………………

2.7.2 If you are presently employed by the state, did you obtain YES / NO

the appropriate authority to undertake remunerative


work outside employment in the public sector?

2.7.2.1 If yes, did you attach proof of such authority to the bid YES / NO

document?

(Note: Failure to submit proof of such authority, where


applicable, may result in the disqualification of the bid.

2.7.2.2 If no, furnish reasons for non-submission of such proof:

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

Page 12 of 23 REQUEST FOR OFFER TO PURCHASE CANNING SCRAP METAL FROM THE CANNING FACTORY
2.8 Did you or your spouse, or any of the company’s directors / YES / NO

trustees / shareholders / members or their spouses conduct


business with the state in the previous twelve months?

2.8.1 If so, furnish particulars:

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

2.9 Do you, or any person connected with the bidder, have YES / NO

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?

2.9.1 If so, furnish particulars.


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

2.10 Are you, or any person connected with the bidder, YES/NO
aware of any relationship (family, friend, other) between
any other bidder and any person employed by the state
who may be involved with the evaluation and or adjudication
of this bid?

2.10.1 If so, furnish particulars.


………………………………………………………………
………………………………………………………………
………………………………………………………………

2.11Do you or any of the directors / trustees / shareholders / members YES/NO


of the company have any interest in any other related companies
whether or not they are bidding for this contract
2.11.1 If so, furnish particulars:
…………………………………………………………………………….
…………………………………………………………………………….
…………………………………………………………………………….

Page 13 of 23 REQUEST FOR OFFER TO PURCHASE CANNING SCRAP METAL FROM THE CANNING FACTORY
3 Full details of directors / trustees / members / shareholders.

Full Name Identity Personal Income State Employee Number /


Number Tax Reference Persal Number
Number

4 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 SHOULD THIS
DECLARATION PROVE TO BE FALSE.

………………………………….. ..……………………………………………
Signature Date
…………………………………. ………………………………………………
Position Name of bidder

Page 14 of 23 REQUEST FOR OFFER TO PURCHASE CANNING SCRAP METAL FROM THE CANNING FACTORY
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).
1.2
a) The value of this bid is estimated to not exceed R50 000 000 (all applicable taxes included)
and therefore the 80/20 preference point system shall be applicable; or
b) Either the 80/20 preference point system will be applicable to this tender (delete whichever is
not applicable for this tender).

1.3 Points for this bid shall be awarded for:


(a) Price; and
(b) B-BBEE Status Level of Contributor.
1.4 The maximum points for this bid are allocated as follows:
POINTS
PRICE 80
B-BBEE STATUS LEVEL OF CONTRIBUTOR 20
Total points for Price and B-BBEE 100

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

Page 15 of 23 REQUEST FOR OFFER TO PURCHASE CANNING SCRAP METAL FROM THE CANNING FACTORY
2. DEFINITIONS
(a) “B-BBEE” means broad-based black economic empowerment as defined in section 1 of the
Broad-Based 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) “EME” means an Exempted Micro 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;
(f) “functionality” means the ability of a tenderer to provide goods or services in accordance
with specifications as set out in the tender documents.
(g) “prices” includes all applicable taxes less all unconditional discounts;
(h) “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
bid invitation, and includes all applicable taxes;

3. POINTS AWARDED FOR PRICE


3.1 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

 Pt  P min   Pt  P min 
Ps  801   or Ps  901  
 P min   P min 
Where
Ps = Points scored for price of bid under consideration
Pt = Price of bid under consideration
Pmin = Price of lowest acceptable bid

Page 16 of 23 REQUEST FOR OFFER TO PURCHASE CANNING SCRAP METAL FROM THE CANNING FACTORY
4. POINTS AWARDED FOR B-BBEE STATUS LEVEL OF CONTRIBUTOR
4.1 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:

Number of points
B-BBEE Status Level of Contributor
(80/20 system)

1 20
2 18
3 14
4 12
5 8
6 6
7 4
8 2
Non-compliant contributor 0

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 NO

7.1.1 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 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 EME QSE
by:

Page 17 of 23 REQUEST FOR OFFER TO PURCHASE CANNING SCRAP METAL FROM THE CANNING FACTORY
√ √

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

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
 Company
 (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:……………………………

Page 18 of 23 REQUEST FOR OFFER TO PURCHASE CANNING SCRAP METAL FROM THE CANNING FACTORY
8.8 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 contributor indicated in
paragraphs 1.4 and 6.1 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
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 favourable 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
……………………………
1. ……………………… ………….
…………….. SIGNATURE(S) OF
BIDDERS(S)
2. ………………………
……………. DATE:
…………………
………………..
ADDRESS
…………………
………………..

…………………
………………..
………
……………
…………….
.

Page 19 of 23 REQUEST FOR OFFER TO PURCHASE CANNING SCRAP METAL FROM THE CANNING FACTORY
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.

Page 20 of 23 REQUEST FOR OFFER TO PURCHASE CANNING SCRAP METAL FROM THE CANNING FACTORY
Item Question Yes No
4.1 Is the bidder or any of its directors listed on the National Treasury’s Yes No
Database 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 Tender Yes No
Defaulters in terms of section 29 of the Prevention and Combating of
Corrupt Activities Act (No 12 of 2004)?
The Register for Tender Defaulters can be accessed on the National
Treasury’s website (www.treasury.gov.za) by clicking on its link at
the bottom of the home page.
4.2.1 If so, furnish particulars:

4.3 Was the bidder or any of its directors convicted by a court of law Yes No
(including a court outside of the Republic of South Africa) for fraud or
corruption during the past five years?
4.3.1 If so, furnish particulars:
4.4 Was any contract between the bidder and any organ of state Yes No
terminated during the past five years on account of failure to perform
on or comply with the contract?
4.4.1 If so, furnish particulars:

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

Page 21 of 23 REQUEST FOR OFFER TO PURCHASE CANNING SCRAP METAL FROM THE CANNING FACTORY
SBD 9
CERTIFICATE OF INDEPENDENT BID DETERMINATION

1 This Standard Bidding Document (SBD) must form part of all bids¹ invited.

2 Section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998, as amended, prohibits an agreement
between, or concerted practice by, firms, or a decision by an association of firms, if it is between
parties in a horizontal relationship and if it involves collusive bidding (or bid rigging).² Collusive
bidding is a pe se prohibition meaning that it cannot be justified under any grounds.

3 Treasury Regulation 16A9 prescribes that accounting officers and accounting authorities must
take all reasonable steps to prevent abuse of the supply chain management system and
authorizes accounting officers and accounting authorities to:

a. disregard the bid of any bidder if that bidder, or any of its directors have abused the
institution’s supply chain management system and or committed fraud or any other
improper conduct in relation to such system.

b. cancel a contract awarded to a supplier of goods and services if the supplier committed
any corrupt or fraudulent act during the bidding process or the execution of that contract.
4 This SBD serves as a certificate of declaration that would be used by institutions to ensure that,
when bids are considered, reasonable steps are taken to prevent any form of bid-rigging.

5 In order to give effect to the above, the attached Certificate of Bid Determination (SBD 9) must
be completed and submitted with the bid:

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:________________________________________________________that:


(Name of Bidder)

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;

Page 22 of 23 REQUEST FOR OFFER TO PURCHASE CANNING SCRAP METAL FROM THE CANNING FACTORY
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 or not
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) the intention or decision to submit or not to submit, a bid;
(e) the submission of a bid which does not meet the specifications and conditions of
the bid; or
(f) 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.
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 Competition Commission for investigation and possible imposition of
administrative penalties in terms of section 59 of the Competition Act No 89 of 1998 and or may
be reported to the National Prosecuting Authority (NPA) for criminal investigation and or may be
restricted from conducting business with the public sector for a period not exceeding ten (10)
years in terms of the Prevention and Combating of Corrupt Activities Act No 12 of 2004 or any
other applicable legislation.

………………………………………………… …………………………
Signature Date

…………………………………………………. …………………………
Position Name of Bidder

Page 23 of 23 REQUEST FOR OFFER TO PURCHASE CANNING SCRAP METAL FROM THE CANNING FACTORY

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