KWAZULU NATAL DEPARTMENT OF EDUCATION - ppp.gov.za Advisors/2011/December/Kwazulu Natal... · ZNB 0020 E2011/2012 Request for Proposal to Act as the Transaction Advisor to the KwaZulu-Natal

ZNB 0020 E2011/2012

Request for Proposal to Act as the Transaction Advisor to the KwaZulu-Natal Department of Education.

1

KWAZULU NATAL DEPARTMENT OF EDUCATION

SERVICE: REQUEST FOR PROPOSAL TO ACT AS THE TRANSACTION ADVISOR TO THE KWAZULU-NATAL DEPARTMENT OF EDUCATION.

BID No. : ZNB 0020E/2011/2012.

NAME OF BIDDER:______________________________________________________________________

_______________________________________________________________________

Type of Bidder (Tick One Box)

One-person Business/Sole Trader

Close corporation

PTY (Ltd)

Private Company

Partnership

Consortium/Joint Venture

Co-operative

Participation Capacity (Tick One Box)

Prime Contractor

Supplier/Sub-Contractor Issued By: The Department of Education

228 Pietermaritz Street PIETERMARITZBURG 3201

Tel No.: 033 846 5431/2 Fax No.: 033 846 5433

DOCUMENT NO: ZNB 0020E/2011/2012.

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2.) TABLE OF CONTENTS.

SECTION CONTENTS PAGE

1.) Cover page 1

2.) Index 2-3

3.) Definitions 4-5

4.) Standard bid documentation (Check-list for bidder) 6

4.1

) A

nn

ex

ure

A

Se

cti

on

A –

N

A Invitation to Bid 7

B Special Instructions and Notices to Bidder Regarding the Bidding Forms Completion

8

C Registration on Provincial Suppliers Data Base 9

D Declaration that Information on Provincial Suppliers Data Base is Correct

10

E

Declaration of Interest (SBD 4 Form). Please note that over and above this declaration being completed by the authorized representative on Section E of the standard bid document, all other parties to the agreement must sign the separate individual declaration of interest and attach these as Schedule 4.

11-12

F Final Summary (values/bid price must be stated in Rands and submitted separately for each year of the bid. Your total price will be the totals of unit prices. Please note that all prices must be inclusive of Value Added Tax but excluding any trade discounts.

13

G Questionnaire Replies. 14

H Official Briefing Session/ Site Inspection Certificate 15

I Tax Clearance Certificate Requirements. 16

J Authority to sign a Bid (Please note that with the exception of a Sole Proprietor, the resolution to sign the bid passed by members, Board of Directors or partners, trustees and co-operatives must be furnished.) See Schedule 8.

17- 20

K Conditions of Bid 21-22

L Declaration of bidders past Supply Chain Management practices 23-24

M The National Industrial Participation Programme 25-26

N Special Conditions of Bid and Specification. 27-50

4.2)Annexure B General Conditions of Bid/ Contract 51-64

4.3) Annexure C Schedule 1 - 17 65

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Bidders are to check that all pages and forms are included in the bid documentation and notify the Department immediately if any pages or sections are missing. Preferably the Department would like to have your Bid Document in a well filed manner either bond or in a lever arch file to avoid any confusion during evaluation.

5.) Schedule 1 ZNT 30 forms (fully commissioned) 66-78

6.) Schedule 2 Valid Tax Clearance Certificate/s for all entities of the Bid. In the case of Joint Venture agreements each party to the JV must submit a tax clearance certificate separately.

79

7.) Schedule 3

Certified copies of, where applicable: Notice of Registered Office and Postal Address of Company (CM 22), contents of Register of Directors, Auditors and Officers (CM 29), Articles of Association Memorandum of Association (CM 2), Certificate to Commence Business (CM 46), Founding Statement (CK 1, Trust Deed, Constitution, Joint Venture/ Consortium Agreements.

80

8.) Schedule 4

Declaration of Interest (SBD4 Form). Please note that over and above this declaration being completed by the authorized representative on Section E of the standard bid document, all other parties to the agreement must sign the declaration of interest and attach these as Schedule 4.

81

9.) Schedule 5 Audited Financial Statements for the last financial year or financial reports from bidder‟s Accountants.

82

10.) Schedule 6

Bid entity profile indicating the holding company, subsidiaries, percentage shareholding of subsidiaries, management participation, lead partners and equity ownership. Enclose curriculum vitae and certified identity documents of all directors, members, trustees, partners and owners in respect of the bid entity, including joint venture entities.

83

11.) Schedule 7 Reference - A schedule reflecting the number, nature, value and duration of all government bids secured by the bid entity and/or their individual directors, members, trustees and partners.

84

12.) Schedule 8

Authority to sign a Bid (Please note that with the exception of a Sole Proprietor, the resolution to sign the bid passed by members, Board of Directors or partners, trustees and co-operatives must be furnished.)

85

13.) Schedule 9 Company Details. In case of JV/Consortium complete separately for each Entity.

86

14.) Schedule 10 Banking Details. Must be filled in. A letter from the bank or an original bank stamp to be furnished.

87

15.) Schedule 11 Cancelled Cheque (not a copy thereof). A cancelled cheque must be submitted. In case of JV each Entity must submit separately.

88

16.) Schedule 12 Price Schedule – Bid price must be stated in Rands. The overall totals For each year must balance to Section F of this document.

89

17.) Schedule 13 Financial report on Bank‟s official letterhead. In the case of the Joint Venture agreement each party to the said JV entity must Submit this schedule separately.

90

18.) Schedule 14 Key Personnel Information - 91

19.) Schedule 15 Certificate of compliance with tender documentation 92

20.) Schedule 16 Schedule of Newspapers and contact details that the bidding entity have been utilizing recently.

93

21.) Schedule 17 Curriculum Vitae Template 94-95

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3.) Definitions.

3.1 “Acceptance bid” means any bid which, in all respects, complies with the specifications and conditions of bid as set out in the bid document under bid number ZNB 0020E / 2011/2012.

3.2 “Bid” means a written offer in a prescribed or stipulated form in response to the invitation by

the Department for the provision of goods, works or services under bid number ZNB 0020 E/2011/2012.

3.3 “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. 3.4 “Consortium or joint venture” means an association of persons for the purpose of

combining their expertise, property, capital, efforts, skills and knowledge in an activity for the execution of a contract.

3.5 “Contract” means the agreement that results from the acceptance of the bid by the

Department. 3.6 “Control” means the possession by a person, of a permanent authority and power to

manage the assets, goodwill and daily operations of a business and the active and continuous exercise of appropriate managerial authority and power in determining the policies and directing the operations of the business.

3.7 “Co-operatives” means an autonomous association of persons united voluntarily to meet

their common economic and social needs and aspirations, through a jointly owned and democratically controlled enterprise organized and operated on

co-operative principles. 3.8 “Department” means the Department of Education within the KwaZulu Natal Provincial

Administration and listed in the first column of schedule 2 of the public Service Act, 1994 (Proclamation NO. 103 of 1994).

3.9 “Disability” means, in respect of a person, permanent impairment of a physical, intellectual,

or sensory function, which results in restricted, or lack of, ability to perform an activity in the manner, or within the range, considered normal for a human being.

3.10 “Equity Ownership” means the percentage ownership and control, exercised by individuals

within an enterprise. 3.11 “Historical Disadvantaged Individual (HDI)” means a South African citizen, .

i) who, due to the apartheid policy that had been in place, had no franchise in national elections prior to the introduction of the Constitution of the Republic of South Africa, 1983 (Act No. 110 of 1983) or the Constitution of the Republic of South Africa, 1993 (Act no. 200 of 1993) (“the interim Constitution”); and/or

ii) who is a female; and/or

iii) who has a disability:

Provided that a person, who obtained South African citizenship on or after the coming to effect of the interim Constitution, is deemed not to be a HDI.

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3.12 “Management” means an activity inclusive of control and performed on a daily basis, by any person who is a principal executive officer of the company, by whatever name that person may be designated, and whether or not that person is a director.

3.13 “Owned” means having all the customary elements of ownership, including the right of

decision-making and sharing all the risks and profits commensurate with the degree of ownership interests as demonstrated by an examination of the substance, rather than the form of ownership arrangements.

3.14 Person” includes reference to a juristic person.

3.15 “Province” means the procuring Department, incorporating the KwaZulu Natal Provincial

Legislature. 3.16 Rand value” means the total estimated value of a contract in rand denomination that is

calculated at the time of bid invitations and includes all applicable taxes and excise duties. 3.17 Small Medium and Micro Enterprises (SMME’s)” bears the same meaning assigned to this

expression in the National Small Business Act, 1996 (No 102 of 1996). 3.18 “Specific contract participation goals” means the goals as stipulated in the Preferential

Procurement Regulations of 2001. 3.19 “Sub-contracting” means the primary contractor‟s assigning or leasing or 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.

3.20 “Youth” mean all persons between the ages 18 to 35.

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CHECK LIST FOR BIDDER

4.) Standard bid documentation:

4.1) Annexure A standard relevant and important information YES NO

Section A Invitation to Bid YES NO

Section B Special Instructions and Notice YES NO

Section C Registration on Provincial Suppliers Data Base YES NO

Section D Declaration that Information on Provincial Suppliers‟ Data Base is correct

YES NO

Section E Declaration of interest (SBD4 Form). Please note that over and above this declaration being completed by the authorised representative on Section E of the standard bid document, all other parties to the agreement must sign the declaration of interest and attach these as Schedule 4.

YES NO

Section F Final Summary (values/bid price must be stated in Rands and in words). Please note that all prices must be inclusive of VAT.

YES NO

Section G Questionnaire Replies (not to be completed) YES NO

Section H Official Briefing Session Certificate YES NO

Section I Declaration of Good Standing Regarding Tax YES NO

Section J Authority to sign a Bid (Please note that with the exception of a Sole Proprietor, the resolution to sign the bid passed by members, Board of Directors or partners, co-operatives and trustees must be furnished).

YES NO

Section K Conditions of Bid YES NO

Section L Declaration of Bidder‟s Past Supply Chain Practices

YES NO

Section M The National Industrial Participation Programme

YES NO

Section N Special Conditions of Contract and Specifications

YES NO

4.2) Annexure B General Conditions of Contract. YES NO

4.3) Annexure C Schedule 1 to 16 YES NO

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4.1) ANNEXURE A: STANDARD BID DOCUMENTATION

SECTION A INVITATION TO BID

(To be completed by the Bidding Entity)

YOU ARE HEREBY INVITED TO BID FOR THE REQUIREMENTS OF THE DEPARTMENT OF EDUCATION IN THE PROVINCE OF KWAZULU NATAL PLEASE NOTE: THIS BID CLOSES AT: 11:00 CLOSING DATE: 24 January 2012 BID NO.: ZNB 0020E/2011/2012. DESCRIPTION: Request for Proposal to Act as the Transaction Advisor to the KwaZulu-

Natal Department of Education.

COMPULSORY BRIEFING: Yes DATE: 12 December 2011 VENUE: 17 Margaret Mcadi Avenue (FormerlyVictoria Embankment), Truro House, 1st

Floor, Durban TIME: 10H00 VALIDITY PERIOD: 120 DAYS NAME OF BIDDER:______________________________________________________________

PROVINCIAL SUPPLIERS’ DATABASE REGISTRATION NO.:___________________________ NB: IN ORDER TO QUALIFY FOR PREFERENCE POINTS A BIDDER MUST ENSURE THAT HE/ SHE/ IT IS REGISTERED AS A SUPPLIER ON THE KWAZULU-NATAL SUPPLIER DATABASE, AND THAT ALL INFORMATION IS ACCURATE AND UP TO DATE BEFORE THE CLOSURE OF THE BID

DOCUMENTS DELIVERED BY HAND MUST BE DEPOSITED IN THE BID BOX SITUATED IN:

Department’s Address: Department of Education 228 Pietermaritz Street PIETERMARITZBURG, 3201 GROUND FLOOR FOYER – BID BOX

THE BID BOX IS AVAILABLE ON THE FOLLOWING DAYS AND TIMES: MONDAY TO FRIDAY: 08:00 - 16:00

TECHNICAL ENQUIRIES TO BE MADE TO: Mr. Lall Rambaran - TEL 033- 392 1121.

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4.2) SECTION B

SPECIAL INSTRUCTIONS AND NOTICES TO BIDDERS REGARDING THE

COMPLETION OF BIDDING FORMS PLEASE NOTE THAT THIS BID IS SUBJECT TO TREASURY REGULATIONS TR16 ISSUED IN TERMS OF THE PUBLIC FINANCE MANAGEMENT ACT, 1999, THE KWAZULU-NATAL SUPPLY CHAIN MANAGEMENT POLICY FRAMEWORK AND THE GENERAL CONDITIONS OF CONTRACT. 1. Unless inconsistent with or expressly indicated otherwise by the context, the singular shall

ainclude the plural and visa versa and with words importing the masculine gender shall include the feminine and the neuter.

2. Under no circumstances whatsoever may the bid forms be retyped or redrafted. Photocopies of the original bid documentation may be used, but an original signature must appear on such photocopies.

3. The bidder is advised to check the number of pages and to satisfy himself that none are missing or duplicated.

4. Bids submitted must be complete in all respects. 5. Bids shall be lodged at the address indicated not later than the closing time specified for their

receipt, and in accordance with the directives in the bid documents. 6. Each bid shall be addressed in accordance with the directives in the bid documents and shall be

lodged in a separate sealed envelope, with the name and address of the bidder, the bid number and closing date indicated on the envelope. The envelope shall not contain documents relating to any bid other than that shown on the envelope. If this provision is not complied with, such bids may be rejected as being invalid.

7. All bids received in sealed envelopes with the relevant bid numbers on the envelopes are kept unopened in safe custody until the closing time of the bids. Where, however, a bid is received open, it shall be sealed. If it is received without a bid number on the envelope, it shall be opened, the bid number ascertained, the envelope sealed and the bid number written on the envelope.

8. A specific box is provided for the receipt of bids, and no bid found in any other box or elsewhere subsequent to the closing date and time of bid will be considered? 9. No bid sent through the post will be considered if it is received after the closing date and time

stipulated in the bid documentation, and proof of posting will not be accepted as proof of delivery.

10. No bid submitted by telefax, telegraphic or other electronic means will be considered. 11. Bidding documents must not be included in packages containing samples. Such bids may be

rejected as being invalid. 12. Any alteration made by the bidder must be initialled. 13. Use of correcting fluid is prohibited 14. Bids will be opened in public as soon as practicable after the closing time of bid. 15. Where practical, prices are made public at the time of opening bids.

I HAVE READ AND COMPLIED WITH THE SPECIAL INSTRUCTIONS ABOVE: …………………………………………………………… ……………………….. SURNAME AND INITIALS OF REPRESENTATIVE DATE …………………………. SIGNATURE

COMPANY OFFICIAL STAMP

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SECTION C

REGISTRATION ON THE PROVINCIAL SUPPLIERS DATABASE 1. In terms of the KwaZulu-Natal Supply Chain Management Policy Framework, all suppliers of

goods and services to the Province of KwaZulu-Natal are required to register on the Provincial Suppliers Database.

2. If you wish to apply for registration, forms may be downloaded from the website, http://www.kzntreasury.gov.za, (click on “Document Library” and then choose “Forms”) or

obtained by phoning the toll free number 0800 201 049. This number is also available for general enquiries relating to Provincial supply chain management issues.

3. If a business is registered on the Database and it is found subsequently that false or incorrect

information has been supplied, then the Department may, without prejudice to any other legal rights or remedies it may have;

3.1 de-register the supplier from the Database, 3.2 cancel a bid or a contract awarded to such supplier, and the supplier would become liable for

any damages if a less favourable bid is accepted or less favourable arrangements are made. 4. the same principles as set out in paragraph 3 above are applicable should the supplier fail to

request updating of its information on the Suppliers Database, relating to changed particulars or circumstances.

4. Bidding Entity must be registered with the Provincial Treasury. if the bidding entity is not

registered at the closing time of bid and proof registration is not supplied, it‟s bid document will be invalid.

5. Bid Registration Number:……………………………………………………

I HAVE READ AND COMPLIED WITH THE SPECIAL INSTRUCTIONS ABOVE: …………………………………………………………… ……………………….. SURNAME AND INITIALS OF REPRESENTATIVE DATE …………………………. SIGNATURE


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SECTION D

DECLARATION THAT INFORMATION ON PROVINCIAL SUPPLIER DATABASE IS CORRECT AND UP TO DATE

(To be completed by bidder) THIS IS TO CERTIFY THAT I (name of bidder/authorized representative) …………………………… ……………………………………………..., WHO REPRESENTS………………………………………..

……………………………………………………………………………………………………..I AM

AWARE OF THE CONTENTS OF THE KWAZULU-NATAL SUPPLIER DATABASE WITH

RESPECT TO THE BIDDER‟S DETAILS AND REGISTRATION INFORMATION, AND THAT THE

SAID INFORMATION IS CORRECT AND UP TO DATE AS ON THE DATE OF SUBMITTING

THIS BID.

AND I AM AWARE THAT INCORRECT OR OUTDATED INFORMATION MAY BE A CAUSE FOR

DISQUALIFICATION OF THIS BID FROM THE BIDDING PROCESS, AND/ OR POSSIBLE

CANCELLATION OF THE CONTRACT THAT MAY BE AWARDED ON THE BASIS OF THIS BID.

Provincial Treasury Registration No. ____________________________

I HAVE READ AND COMPLIED WITH THE SPECIAL INSTRUCTIONS ABOVE:

…………………………………………………………… ………………………..

SURNAME AND INITIALS OF REPRESENTATIVE DATE

………………………….

SIGNATURE


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SECTION E (SBD 4) DECLARATION OF INTEREST Each member/director/trustee of a joint venture/consortium, close corporation, partnership or co-operative must complete and submit a separate declaration {Schedule 4} 1. Any legal person, including persons employed by the state*, or persons having a kinship with

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

1.1 the bidder is employed by the state; and/or 1.2 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, shareholder etc): …………………………… 2.4 Company Registration Number: ……………………………………………………………… 2.5 Tax Reference Number: ……………………………………………………………………… 2.6 VAT Registration Number: ……………………………………………………………………

* “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. 2.7 Are you or any person connected with the bidder presently employed by the state? YES /

NO 2.7.1 If so, furnish the following particulars:

Name of person / director / shareholder/ member: ……....………………………… Name of state institution to which the person is connected: …………………………… Position occupied in the state institution: ……………………………………………………… Any other particulars:……………………………………………………………………………

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……………………………………………………………………………………………………… 2.8 Did you or your spouse, or any of the company‟s directors / shareholders / members or

their spouses conduct business with the state in the previous twelve months? YES / NO 2.8.1 If so, furnish particulars: …………………………………………………………………………

…………………………………………………………………………………………………….. 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 If so, furnish particulars ………………………………………………………………………….

……………………………………………………………………………………………………… 2.10 Are you or any person connected with the bidder, aware of any relationship (family, friend,

other) between the bidder and any person employed by the state who may be involved with the evaluation and adjudication of this bid. YES / NO

2.10.1 If so, furnish particulars: ………………………………………………………………………… ……………………………………………………………………………………………………… 2.11 Do you or any of the directors / shareholders / members of the company have any interest

in any other related companies whether or not they are bidding for this contract? YES / NO

2.11.1 If so, furnish particulars: ………………………………………………………………………..

……………………………………………………………………………………………………. 3. Full details of directors/ trustees/ members/ shareholders.

Full Name Identity number Personal Tax Reference Number

State Employee Number/ Persal No.

4. DECLARATION

I, THE UNDERSIGNED (SURNAME AND INITIALS) ……………………………………………………………….

CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPHS 2.1 TO 2.11.1 ABOVE IS CORRECT. I ACCEPT THAT THE STATE MAY ACT AGAINST ME IN TERMS OF PARAGRAPH 23 OF THE GENERAL CONDITIONS OF BID SHOULD THIS DECLARATION PROVE TO BE FALSE. ………………………………………….. ……………………………… SIGNATURE DATE ………………………… ……………………..……………………………………………... POSITION NAME OF BIDDER


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SECTION F PRICE PAGE

(To be completed by bidding Entity and this must correspond with the grand totals in schedule12)

BID NUMBER: ZNB 0020E/2011/2012.

FOR OFFICE PURPOSES ONLY

IMPORTANT

Mark appropriate block with “X”

1. HAVE ANY ALTERATIONS BEEN MADE?

YES NO

2. IF APPLICABLE: DID THE BIDDER ATTEND THE OFFICIAL BRIEFING SESSION/ COMPULSORY SITE

INSPECTION?

YES NO

………………………………….. ……………… ……………………….. SURNAME AND INITIALS OF SIGNATURE DATE DEPARTMENTAL OFFICIAL

PHASE 1 – FEASIBILITY STUDY - To obtain Treasury Approval I for the feasibility study. PHASE 1 PRICE (EXCLUDING VAT) : R__________________

14%VAT R__________________ TOTAL R__________________

TOTAL AMOUNT IN WORDS: .......................................................................................... ……………………………………………………………………………………………………….

………………………… …………………… ………………………… SURNAME AND INITIALS OF SIGNATURE DATE:

REPR. OF THE BIDDER

PHASE 2 – PROCUREMENT OF THE PROJECT - The procurement of the Project i.e. from Treasury Approval IIA to Treasury Approval III, and the close out report. PHASE 2 PRICE (EXCLUDING VAT) : R__________________

14%VAT R__________________ TOTAL R__________________

TOTAL AMOUNT IN WORDS: ......................................................................................... …………………………………………………………………………………………………….….


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SECTION G

QUESTIONNAIRE REPLIES

1. Are the prices/rates quoted firm for the duration of contract? ....................................................... 2. What is your physical address in KZN Province where the Head Office is situated that may be

inspected? .........................................................................................................................................................

…….…………………………………………………………………………………………………………. ……………………………………………………………………………………………………………….. 3. Provide references of a similar job done before? ............................................................................................................................................................. ………………………………………………………………………………………………………………….. …………..……..……………………………………………………………………………………………….. …………………………………………………………………………………………………………………

………………………………………….. ……………………….. SURNAME AND INITIALS OF REPRESENTATIVE DATE ………………………… ……………………..……………………………….. SIGNATURE NAME OF BIDDER


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SECTION H

OFFICIAL BRIEFING SESSION/SITE INSPECTION CERTIFICATE

N. B.: THIS FORM IS ONLY TO BE INCLUDED AND COMPLETED WHEN APPLICABLE TO THE

BID. Bid No: ZNB 0020E/2011/2012 SERVICE: REQUEST FOR PROPOSAL TO ACT AS THE TRANSACTION ADVISOR TO THE

KWAZULU-NATAL DEPARTMENT OF EDUCATION.

*******************************************************

THIS IS TO CERTIFY THAT (NAME)............................................................................................. ON BEHALF OF............................................................................................................................. ATTENDED BRIEFING SESSION ON…….......................................................................(DATE) AND IS THEREFORE FAMILIAR WITH THE CIRCUMSTANCES AND THE SCOPE OF THE SERVICE TO BE RENDERED. ........................................................................................................... INITIALS AND SURNAME OF AUTHORISED BIDDER REPRESENTATIVE (PRINT NAME) …………………………………………. ……………………………………….

SIGNATURE DATE ............................................................................................ INITIALS AND SURNAME OF DEPARTMENTAL REPRESENTATIVE (PRINT NAME) …………………………………………. …………………………………………..

SIGNATURE DATE ............................................. DEPARTMENTAL STAMP:

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SECTION I

TAX CLEARANCE CERTIFICATE REQUIREMENTS

It is a condition of a bid that the taxes of the successful bidder must be in order, or that satisfactory arrangements have been made with South African Revenue Service (SARS) to meet the bidder‟s tax obligations. 1. In order to meet this requirement, bidders are required to complete in full the attached form TCC

001 “Application for a Tax Certificate” and submit it to any SARS branch office nationally. The Tax Clearance Certificate Requirements are also applicable to foreign bidders/individuals who wish to submit bids.

2. SARS will then furnish the bidder with a Tax Clearance Certificate that will be valid for a period

of 1 (one) year from the date of approval. Copies of TCC 001 “Application for a Tax Clearance Certificate” form are available from any SARS branch office nationally or on the website www.sars.gov.za.

3. The original Tax Clearance Certificate must be submitted together with the bid. Failure to submit

the original and valid Tax Clearance Certificate will result in the invalidation of the bid. Certified copies of the Tax Clearance Certificate will not be acceptable.

4. In bids where Consortia/Joint Ventures/Sub-contractors are involved, each party must submit a

separate Tax Clearance Certificate. 5. Applications for the Tax Clearance Certificates may also be made via eFiling. In order to use

this provision, taxpayers will need to register with SARS as eFilers through the website www.sars.gov.za.

I HAVE READ AND COMPLIED WITH THE SPECIAL INSTRUCTIONS ABOVE:

…………………………………………………………… ………………………..

SURNAME AND INITIALS OF REPRESENTATIVE DATE

………………………….

SIGNATURE


http://www.sars.gov.za/

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SECTION J

AUTHORITY TO SIGN A BID

A. COMPANIES If a Bidder is a company, a certified copy of the resolution by the board of directors, personally signed by the chairperson of the board, authorising the person who signs this bid to do so, as well as to sign any contract resulting from this bid and any other documents and correspondence in connection with this bid and/or contract on behalf of the company must be submitted with this bid, that is before the closing time and date of the bid AUTHORITY BY BOARD OF DIRECTORS By resolution passed by the Board of Directors on .........................20......, Mr/Mrs……………….. ..................................................................................................... (whose signature appears below) has been duly authorized to sign all documents in connection with this bid on behalf of (Name of Company) …………………............................................................................................................. IN HIS/ HER CAPACITY AS: ………............................................................................................. SIGNED ON BEHALF OF COMPANY: ....................................................................................... (PRINT NAME)

SIGNATURE OF SIGNATORY: ................................................... DATE: .................................. WITNESSES: 1 ..................................................

2 .................................................. B. SOLE PROPRIETOR (ONE - PERSON BUSINESS) I, the undersigned.......................................................................hereby confirm that I am the sole owner of the business trading as................................................................................... .............................................................................................................................................. ................................................................... ............................................................ SIGNATURE DATE

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C. PARTNERSHIP The following particulars in respect of every partner must be furnished and signed by every partner: Full name of partner Residential address Signature ........................................... ........................................... ................................................. ........................................... ........................................... ................................................. ........................................... ........................................... ................................................. ........................................... ........................................... ................................................ We, the undersigned partners in the business trading as.................................................... hereby authorize ..............................................................................to sign this bid as well as any contract resulting from the bid and any other documents and correspondence in connection with this bid and /or contract on behalf of: ........................................... ....................................... ................................... SIGNATURE SIGNATURE SIGNATURE ........................................... ........................................ ................................... DATE DATE DATE

C1. JOINT VENTURE The following particulars in respect of every party to the joint venture must be furnished and signed by every party: Full name of partner Residential address Signature ........................................... ........................................... ........................................... ........................................... ........................................... ........................................... ........................................... ........................................... ........................................... We, the undersigned partners in the business trading as................................................................ hereby authorize ..............................................................................to sign this bid as well as any contract resulting from the bid and any other documents and correspondence in connection with this bid and /or contract on behalf of : (Name of the Joint Venture)…………………………………………………………………………... ............................................... ............................. AUTHORISED SIGNATURE DATE

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D. CLOSE CORPORATION In the case of a close corporation submitting a bid, a certified copy of the Founding Statement of such corporation shall be included with the bid, together with the resolution by its members authorising a member or other official of the corporation to sign the documents on their behalf. By resolution of members at a meeting on ................................. 20........... at ……………………... ........................................Mr/Ms........................................................................................., whose signature appears below, has been authorised to sign all documents in connection with this bid on behalf of (Name of Close Corporation) ………………………….………………………………... ...................................................................................................................................................... SIGNED ON BEHALF OF CLOSE CORPORATION: ……………………………………………… (PRINT NAME)

IN HIS/HER CAPACITY AS ........................................................ DATE: ................................... SIGNATURE OF SIGNATORY: ......................................................... WITNESSES: 1 .........................................................

2 .........................................................

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E. CO-OPERATIVE A certified copy of the Constitution of the co-operative must be included with the bid, together with the resolution by its members authoring a member or other official of the co-operative to sign the bid documents on their behalf. By resolution of members at a meeting on ............................. 20……...... at …….…............... Mr/Ms...................................................................................., whose signature appears below, has been authorised to sign all documents in connection with this bid on behalf of (Name of cooperative)..................................................................……………………………………... SIGNATURE OF AUTHORISED REPRESENTATIVE/SIGNATORY:……………………………… ……………………………………………………………………………………………………………….. IN HIS/HER CAPACITY AS:...................................................................…………………………… DATE: .................................………….. SIGNED ON BEHALF OF CO-OPERATIVE:..................................................................... NAME IN BLOCK LETTERS:………………………………………………………………….. WITNESSES: 1 .........................................................

2 .........................................................

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SECTION K

CONDITIONS OF BID

1. I/We hereby bid to supply all or any of the supplies and/or to render all or any of the services described in the attached documents to the KwaZulu-Natal Provincial Administration (hereinafter called the “Province”) on the terms and conditions and be in accordance with the specifications stipulated in the bid documents (and which shall be taken as part of and be incorporated into this bid) at the prices and on the terms regarding time for delivery and/or execution inserted therein.

2. I/we agree that: (a) the offer herein shall remain binding upon me and open for acceptance by the Province during

the validity period indicated and calculated from the closing time of the bid; (b) this bid and its acceptance shall be subject to the provisions, principles and purport of the Constitution of the Republic of South Africa Act No. 108 of 1996 (more especially section 207), the Preferential Policy Framework Act No. 5 of 2000 Treasury Regulations TR16 issued in terms of the Public Finance Management Act, 1999, the KwaZulu-Natal Supply Chain Management Policy Framework, the Provincial Treasury issued Practice Notes, the Small Business Act No. 102 of 1996 and the KwaZulu-Natal General Conditions of Contract, with which I/we am fully acquainted; (c) if I/we withdraw my bid within the period for which I/we have agreed that the bid shall remain open for acceptance, or fail to fulfill the contract when called upon to do so, the

Province may, without prejudice to its other rights, agree to the withdrawal of my bid or cancel the contract that may have been entered into between me and the Province. I/we will then pay to the Province any additional expenses incurred by the Province having either to accept any less favourable bid or, if fresh bids have to be invited, the additional expenditure incurred by the invitation of fresh bids and by the subsequent acceptance of any less favourable bid. The Province shall have the right to recover such additional expenditure by set-off against monies which may be due to me under this or any other bid or contract or against any guarantee or deposit that may have been furnished by me or on my behalf for the due fulfillment of this or any other bid or contract and pending the ascertainment of the amount of such additional expenditure to retain such monies, guarantee or deposit as security for any loss the Province may sustain by reason of my default;

(d) if my bid is accepted, the acceptance may be communicated to me by registered post, and that

the South African Post Office Limited shall be treated as delivery agent to me; (e) the law of the Republic of South Africa shall govern the contract created by the acceptance of

my bid and I choose domicilium citandi et executandi in the Republic at (full physical address) : ………….......................................................................................................................... ………............................................................................................................................. 3. I/we furthermore confirm that I/we have satisfied myself as to the correctness and validity of my

bid: that the price(s), rate(s) and preference quoted cover all of the work/item(s) and my obligations under a resulting contract, and I accept that any mistakes regarding the price(s) and calculations will be at my risk.

4. I/we hereby accept full responsibility for the proper execution and fulfilment of all obligations and

conditions devolving on me under this agreement, as the Principal(s) liable for the due fulfilment of this contract.

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5. I/we agree that any action arising from this contract may in all respects be instituted against me

and I/we hereby undertake to satisfy fully any sentence or judgment which may be pronounced against me as a result of such action.

6. I/we confirm that I/we have declared all and any interest that I or any persons related to my

business has with regard to this bid or any related bids by completion of the Declaration of Interest Section.

7. CERTIFICATION OF CORRECTNESS OF INFORMATION SUPPLIED IN THIS DOCUMENT

I/we, THE UNDERSIGNED, WHO WARRANT THAT I AM DULY AUTHORISED TO DO SO ON BEHALF OF THE BIDDER, CERTIFY THAT THE INFORMATION SUPPLIED IN TERMS OF THIS DOCUMENT IS CORRECT AND TRUE, THAT THE SIGNATORY TO THIS DOCUMENT IS DULY AUTHORISED AND ACKNOWLEDGE THAT:

(1) The bidder will furnish documentary proof regarding any bidding issue to the satisfaction of

the Province, if requested to do so. (2) If the information supplied is found to be incorrect and/or false then the Province, In addition

to any remedies it may have, may:-

(a) Recover from the contractor all costs, losses or damages incurred or sustained by the Province as a result of the award of the contract, and/or

(b) Cancel the contract and claim any damages which the Province may suffer by having to

make less favourable arrangements after such cancellation.

SIGNED ON THIS .................. DAY OF ................................ 20 ......... AT ………………………. ............................................................. …………………………………………………. SIGNATURE OF BIDDER OR DULY NAME IN BLOCK LETTERS AUTHORISED REPRESENTATIVE ON BEHALF OF (BIDDER’S NAME).............................................................................................. CAPACITY OF SIGNATORY ............... .......................................................................................... NAME OF CONTACT PERSON (IN BLOCK LETTERS, PLEASE) ………………………………… ……………………………………………………….............................................................................. POSTAL ADDRESS: ……………………………………………………………………………………... ........................................................................................................................................................ TELEPHONE NUMBER: ........................................................................................................ FAX NUMBER: ....................................................................................................... CELLULAR PHONE NUMBER: ................................................................................ E-MAIL ADDRESS: …………………………….….......................................................................

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SECTION L

DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES (To be completed by Bidder.)

1. This Section must form part of all bids invited. 2. It serves as a declaration to be used by Departments 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 Department‟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 Question Yes No

4.1 Is the bidder or any of its directors listed on the National Treasury‟s database as companies or persons prohibited from doing business with the public sector? (Companies or persons who are listed on this database were informed in writing of this restriction by the National Treasury after the audi alteram partem rule was applied).

Yes

No

4.1.1 If so, furnish particulars:………………………………………………………... …………………………………………………………………………………..… …………………………………………………………………………………....

4.2 Is the bidder or any of its directors listed on the Register for Tender Defaulters in terms of section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004)? To access this Register, enter the National Treasury’s website, www.treasury.gov.za , click on the icon “Register for Tender Defaulters” or submit your written request for a hard copy of the Register to facsimile number (012) 3265445.

Yes No


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?

Yes No


http://www.treasury.gov.za/

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4.4 Was any contract between the bidder and any organ of state terminated during the past five years on account of failure to perform on or comply with the contract?

Yes

No


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

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SECTION M

NB: This section applies if a bid exceeds R 10 million.

Failure to submit this document with your bid may result in the invalidation of your bid

THE NATIONAL INDUSTRIAL PARTICIPATION PROGRAMME

INTRODUCTION The principle of Industrial Participation (IP) became obligatory with effect from 1 September 1996. The IP policy and guidelines was fully endorsed by Cabinet on 30 April 1997. In essence this means that all state and parastatal purchases / lease contracts (goods, works and services) entered into after this date are subject to an IP obligation. No contract will be awarded to a bidder if the latter has not satisfied the Industrial Participation requirement. 1. PILLARS OF THE PROGRAMME 1.1 The IP obligation is benchmarked on the imported content of the contract. Any contract

having an imported content equal to or exceeding US$ 10 million or other currency equivalent to US$ 10 million will have an IP obligation. This threshold can be reached as follows:

(i) Any single contract exceeding US $10 million; or

(ii) multiple contracts for the same products or services each exceeding US $3 million awarded to one seller over a 2 year period which in total exceeds US $10 million; or

(iii) a contract with a renewable option clause, where should the option be exercised the total value will exceed US $10 million.

1.2. The obligation will amount to 30 % of the imported content. That is, if the imported content is

$10 million, the obligation will amount to $3 million. IP arrangements to satisfy the obligation include investments, joint ventures, sub-contracting, licensee production, and export promotion, sourcing arrangements and Research and Development (R&D) collaboration that can be negotiated with partners or suppliers.

1.3. A period of seven years has been identified as the time frame in which to discharge the obligation.

1.4. IP is obligatory and therefore must be addressed. 2. Requirements of the Department of Trade and Industry 2.1 To enable the Department of Trade and Industry to determine whether the total amount of

various contracts awarded by the relevant organs of State to a specific contractor, exceeds the prescribed threshold of R 10 million, the accounting officer / authority must obtain clearance from the Department of Trade and Industry regarding the National Industrial Participation Programme prior to the award of any bid in excess of R10 Million (Ten Million Rands).

HOW TO SATISFY THE IP REQUIREMENTS

1. Bidders are advised to initiate discussions with the Department of Trade and Industry (Industrial Participation Secretariat) regarding business proposals.

2. Business proposals must reflect new or incremental economic activity that is to be to the

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mutual benefit of both the South African economy and to the bidder. Projects must be submitted to the Industrial Participation Secretariat for approval before implementation.

3. Conditional contracts, subject to winning the bid, are signed with all potential bidders. An

agreement only becomes effective upon winning the bid. Only one contract will therefore become effective. This agreement is between the Industrial Participation Secretariat and the bidder and therefore does not involve the purchasing entity.

For further details about the programme, contact -

The Department of Trade and Industry (DTI) Private Bag X84 PRETORIA

0001

Telephone numbers: (012) 310-9667 0861 843384 Fax number: (012) 322-4523

A conditional agreement for the purpose of this bid has been reached between the bidder and the Industrial Participation Secretariat.

…………………………………………

Signed on behalf of DTI Name (in print): ……………………………… Date: …………………………………………..

Name of company / bidder: ………………………………………………… …………………………………………………

Signature: Bidder Name (in print): …………………………….. Telephone number: ………………………… Fax number: ………………………………… Postal Address: ……………………………… ………………………………………………….. ………………………………………………….. Date: …………………………………………

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SECTION N

TERM OF REFERENCE FOR THE SERVICES OF TRANSACTION ADVISOR INCLUDING SPECIFIC RULES OF BIDDING.

1. INTRODUCTION

The KwaZulu Natal Department of Education (KZNDoE) is experiencing a substantial infrastructure backlog for both schools and related administrative and support spaces and facilities, especially in the rural areas. The Department has identified the need to investigate the feasibility and affordability of the different procurement options which will provide the best technical, financial and legal solution in delivering on the backlogs in the shortest and most equitable way including the option of a public private partnership (PPP) as referred to in the National Policy for an equitable provision of an enabling school physical teaching and learning environment published in the government gazette of 11 June 2010. On 26 October 2011 the Premier and Cabinet expressed their support for the project and proposed procurement via the PPP model. This serves as an invitation and terms of reference for transaction advisors to provide such services to the Department. The terms of reference invites proposals from a Transaction Advisor, representing a team of suitably qualified and experienced financial, technical and legal advisors, to assist the Department to undertake a comprehensive feasibility study; and if so required, provide advisory services for the second phase i.e. the procurement of the Project.

2. BACKGROUND AND PROJECT INTRODUCTION

The Department has the mandate to provide access to teaching and learning by accelerating the provisioning of quality infrastructure in an efficient, cost effective and equitable manner. Currently the Province is responsible for approximately 6169 educational institutions, inclusive of unsuitable structures, which accommodate in excess of 2 700 000 learners. The Province has inherited huge backlogs and also struggle with the poor state of repair of many of the existing structures. The Department also lease several office facilities for its administrative functions. This is not cost effective and lease cost is increasing annually. The Department therefore also expressed a need to have purpose build administrative/non- school facilities available in the relevant areas (districts) to allow staff to function effectively. The project will include the following infrastructure needs: New Schools: The provision and maintenance of new public primary and secondary schools inclusive of academic and technical school; in response to planned developments or growth, complete with all supporting spaces and facilities such as libraries and laboratories. Upgrades and Additions: To add and improve existing structures to deliver in terms of set standards; including sports and science and technology facilities. Repairs and Maintenance: To improve and maintain the condition of existing buildings including replacement if needed. Non School buildings: To provide and maintain appropriate administration and support spaces where necessary. This will include District and Circuit Offices as required. Head Office: For the Department of Basic Education in Pietermaritzburg.

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Additional services such as security, cleaning, grounds maintenance, the provision and maintenance of fittings, furniture and equipment must also be investigated a part of the project. The project will be the first in the school sector in the province and intended as pilot to address the issues of design, delivery, rehabilitation, maintenance and funding over the life span of the assets. Based on the outcomes the Department intends to replicate and adapt the model in order to role it out in the whole of the Province over the medium to long term. The pilot will cover four (4) nodes in the province:

Pietermaritzburg (uMgungundlovu District)

Port Shepstone (Ugu District)

Stanger/Durban (IIembe District)

Ladysmith (Othukela District) The project will therefore consist of the identification, selection/grouping of school and non-school infrastructure in the above nodes to meet the requirements of affordability, value for money, risk transfer and bankability. The Transaction Advisor will also be required to identify a second and third phase for the programme to be rolled out in the next 5 years. Criteria used for the selection of schools from the Infrastructure Planning Document of the Department for the pilot included inter alia:

Location (rural/urban) School Size (small/large) Type of School (primary, secondary, academic, technical) Type of Project (new build, upgrade, additional facilities)

The Transaction Adviser Team will be required to assist the Department in finalizing the detail selection and grouping of schools and non- school facilities that will make up the project in the above four nodes.

The issue of ownership of the land on which the schools are built is a key challenge to the project. The project is perceived as complex as it involves multiple types of infrastructure, multiple sites and stakeholders and is also a political priority areas. Lessons should be learnt from Departments such as the Free State and Gauteng where similar projects was undertaken but did not proceed.

3. AIM OF THE DEPARTMENT

The Department aims to influence the educational outcomes positively by providing access to quality educational facilities in the province in the most effective way and in the shortest time possible. The Department objective is to deliver a successful pilot that can be rolled out into a second and third phase in future. To achieve the above, the Department intends to procure the services of a Transaction Advisor, to conduct a feasibility study for the Project, and procure the Project if applicable, in compliance with Regulation 16 and in terms of any of the relevant National Treasury regulations to the Public Finance Management Act, 1999 (PFMA). It will follow the National Treasury PPP Guidelines i.e. the Public Private Partnership Manual and Standardised Public Private Partnership Provisions, with which potential Transaction Advisors are required to be familiar.

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The Department further reserves the right to appoint further consultants or advisory panels during any stage of the Project should it deem fit to do so with whom the Transaction Advisor will be required to work with in the delivery of the Project. The focus is on faster delivery in order to impact on the backlogs that exist in the Province. The Department aims for work on the Feasibility to start by not later than January 2012 and for the study to be completed by not later than May 2012. Procurement to start soon there to allow construction of the new facilities to start not alter than January 2013.

4. SCOPE OF WORK

The scope of work for the Transaction Advisor is split into two phases under this appointment. The first phase (Phase 1) is to obtain Treasury Approval I for the feasibility study while the second phase (Phase 2) would be the advisory services for the procurement of the Project i.e. from Treasury Approval IIA to Treasury Approval III, and the close out report. The potential Transaction Advisors should note that the Department reserves the right to undertake an independent audit of the financial model.

Upon completion of Phase1 the Department reserves the right to not proceed to Phase 2. All the work performed and the intellectual property rights thereof will remain the property of the Department.

To formalise and complete these processes, as described in Regulation 16 and the PPP Guidelines, all prospective Transaction Advisor are now required to submit proposals indicating that they understand the Scope of Work involved, as described, and that they have the said understanding, of the PPP process, the experience and expertise and the project management skills as well as the necessary time and resources available to manage the Project through to completion, on a fixed cost basis and within the agreed timeframes.

5. TERMS OF REFERENCE FOR TRANSACTION ADVISOR

These Terms of Reference invite proposals from a Transaction Advisor comprising a team of suitably qualified and experienced financial, technical, and legal advisors (to be appointed as a team under a lead advisor) to assist the Department in investigating and procuring the most suitable solution for the Project and in the two phases as described above.

Reference to „the Transaction Advisor‟ includes the entire advisory team, under the management of a single lead advisor who shall contract with the Department. No changes to the Transaction Advisory team shall be effected without approval from the Department.

The appointed Transaction Advisor must achieve the following:

5.1 Phase 1 – Feasibility Study

(a) Obtain National Treasury Approval I for a feasibility study that clearly shows project

affordability over the full period of the envisaged project term, demonstrate value for money by means of a comparison between the PPP Reference and the Public Sector Comparator that is risk adjusted, and, sets out a clear process to obtain the best value through a competitive procurement process;

(b) After completion of the feasibility study the Department will decide whether or not to proceed with a PPP. Should it elect not to do so, the appointment of the Transaction Advisor will be terminated at this stage with remuneration as set out in the section below.

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5.1.1 Phase 1 – Feasibility Study deliverables

The Transaction Advisor will be required to undertake a comprehensive feasibility study, in close collaboration with the Department, that:

Confirms the Department needs and align with the policies and direction of the National Department of Basic Education (NDBE).

Confirm and review the selection/grouping of school and non-school infrastructure.

Confirm the number of schools, learners, future planning data etc.

Reviews the studies, reports, data and supporting documentation listed for use and inclusion in the feasibility study and any other relevant information provided by the Department

Identifies and determines all available budgets for the Project

Determine the impact of this project and a possible second phase on the budget available for non PPP infrastructure requirements.

Review current operations of the existing schools identified and the financial elements of the Project; Propose solutions to improve efficiency.

Provide detailed description of technical challenges, conceptual solutions and sufficient preliminary designs to allow reliable costing estimates of alternative solutions.

Investigate alternative models in countries that have successfully implemented school infrastructure programmes using PPP/PFI models.

The end product of the foregoing shall be a comprehensive feasibility study report and supporting documentation as indicated below, to assist the Department in obtaining Treasury Approval I in terms of Treasury Regulation 16.4.2 to the extent that the PPP route is the preferred option arising from the feasibility study. Treasury Approval I is needed in order to proceed with Phase 2 of the Project. All the work items listed under Phase 1 are to be carried out in accordance with Treasury Regulation 16 to the PFMA for PPPs of 2004 and other applicable legislation and regulation within the framework created by the National Treasury Guidelines. The feasibility study report must be presented with a thorough Executive Summary and must be compiled in such a manner that it can be utilised by the Department for decision-making. In the event that the Department decides to pursue the PPP procurement solution for the Project, the documentation must be of a standard (specifically with reference to quality and content) that will be acceptable to the National Treasury for the purposes of the Department obtaining Treasury Approval I. Specific requirements for the Transaction Advisor to include in the comprehensive feasibility study are inter alia:

A summary of the strategic objectives of the Department linked to the NDBE guiding policies and objectives.

An analysis and rationale for the selection of the school and non-school infrastructure identified as part of the pilot.

Recommendations for a possible second and third phase

An options analysis setting out the Department‟s range of technical, legal and financial options, for meeting its objectives;

An identification and analysis of budgets available;

An analysis of the impact of this project on the budgets available to fund non PPP infrastructure requirements over the term of the project.

A comprehensive legal due diligence to ensure that all foreseeable legal requirements are met for this Project. This must include the land report on the ownership and conditions thereto, in addition identifying, compiling and verifying all required approvals and all the regulatory matters that may impact on the Project. The Department wants no legal impediments that will cause delays or constraints to implementation;

A review and advice on any road plans and infrastructure needed and the possible impact thereof on the Project;

A statement of the Department‟s desired outcomes;

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A summary of the detailed output specifications for each desired outcome;

A summary of design, input and operating specifications, for each output. This must take account of any geological, environmental, accessibility issues etc.;

Innovative and workable proposal regarding the procurement and renewal over the life of the Project of the furniture, fittings and equipment separate to that of the facilities etc.;

The design and operations of all facilities to enhance the use of renewable and energy saving methods and equipment and to achieve approval from the Green Star Council.

A Public Sector Comparator (PSC) model. This must be based on the specified outputs, using all identified life-cycle costs, including construction, operational and personnel costs. It must also identify and cost all Black Economic Empowerment (BEE) specifications attendant on procurement in such a model. All assumptions must be clearly stated;

A comprehensive risk matrix, showing each risk item, its quantification, mitigation and allocation;

A Risk-adjusted PSC model;

A PPP Reference model. This must be constructed as a „virtual bid‟ based on the same output specifications used for the PSC model. It must therefore cover the same categories of whole life-cycle costs, within an optimal and comparable contract period. A suitable project structure must be formulated, incorporating appropriate equity returns, debt service cover ratios and costs of debt. Innovative design, construction and operational efficiencies that may realistically be expected of the private sector must be identified and used as the basis for costing. The model must also identify and cost all BEE specifications that can reasonably be anticipated in a PPP scenario. PPP contract management costs to the Department must be calculated and clearly identifiable. All assumptions must be clearly stated;

Value-for-money analysis involving comparison of PSC and PPP Reference models. Attention must be paid to all risks, underwriting/warranties or guarantees and how these can be optimally managed;

Recommendations on payment mechanisms or reimbursement for various PPP scenarios, if applicable;

Proposals regarding the impact and the minimisation of the current global financial crises on the Project; and

Proposals and assistance on the provision of a filing and knowledge management system to keep auditable records of the Project.

To fulfil the requirements to obtain Treasury Approval I, the feasibility study should indicate project affordability over the full period of the envisaged PPP lifecycle, demonstrates value for money (VFM) through appropriate risk transfer by means of comparison with a PSC that is risk adjusted, and sets out a clear process to obtain the best value through the PPP procurement process i.e. the procurement plan. The feasibility study must also present the proposed payment mechanism and the whole project life cycle costing. The feasibility study report should include a summary of the existing environmental reports and make recommendations on how to incorporate the findings of these reports into a possible PPP Project. Potential Transaction Advisors may be requested to, as part of Phase 1 develop the RFQ, It should all be submitted with the feasibility study when requesting Treasury Approval I, in order that the short listing of bidders and the requisite Treasury Approvals may proceed expediently and timeously. The Department will facilitate access to information as well as monitor and validate outputs from the Transaction Advisor in preparing the feasibility study. The feasibility study must be presented in a single report (including relevant annexure and models). Prospective Transaction Advisors should refer to the PPP Manual, Module 3, for guidance. It will be expected from the Transaction Advisor to provide a financial model which has been audited by an independent party before it is submitted to the National Treasury for Treasury Approval I.

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Furthermore, all documents must have been subjected to a robust quality control process before submission. All reports must be submitted together with an Executive Summary in both electronic and hard copy format. The Transaction Advisor shall prepare the comprehensive feasibility study and the supporting documentation as indicated above and further provide such assistance as may be required to obtain National Treasury Approval I in terms of Treasury Regulation 16.4.2. Should it be decided not to proceed with procurement (Phase 2 of the Project) and/or Treasury Approval 1 is not granted by National Treasury, the appointment of the Transaction Advisor will be terminated at this stage.

5.2 Phase 2 – Procurement

a) Assist the Department to obtain a suitable number of pre-qualified bidders by means of a

simple yet thorough and well-managed pre-qualification process;

b) Obtain Treasury Approval IIA for tender documents including a Request for Proposal and the draft PPP agreement and output specifications covering the technical requirements of the facilities and services. These documents must allow for standard bids that are comparable to one another and must include evaluation systems and criteria appropriate to the specific project requirements and project objectives. In the design of their proposals potential Transaction Advisors should be aware of the latest developments with regards to the debt underwriting requirements and debt funding competitions;

c) Assist the Department in the evaluation of proposals and appointment of the preferred and reserve bidders;

d) Prepare and support the Department with the management of an efficient and effective best and final offer (BAFO) bidding process, if necessary;

e) Obtain Treasury Approval IIB demonstrating that the bids received meet the affordability, value for money and risk transfer criteria established in the feasibility study report set out in the procurement documentation;

f) Assist the Department in bringing the project to contractual close and financial close through a negotiation process to refine the identified value for money drivers identified and as per the proposals received;

g) Obtain Treasury Approval III for the PPP agreement, indicating the movement in risk from feasibility study to final negotiated position, prior to contractual close;

h) Provide the Department with a contingent liability report; and

i) Prepare a close out report as per National Treasury Guidelines.

5.2.1 Phase 2 - PPP Procurement Deliverables

During this phase, the Transaction Advisor will act for and on behalf of the Department, and assist the Department to obtain the required Treasury Approvals, evaluation of the bids submitted in response to the procurement documents, negotiate the project documents and to reach commercial and financial close. As part of this, the Transaction Advisor should document the potential contingent liability of the Project on the Province/Country‟s balance sheet. All the work items listed under Phase 2 are to be carried out in accordance with the Treasury Regulations, within the framework created by the National Treasury Guidelines. Specific requirements for the Transaction Advisor during Phase 2 inter alia are:

To complete the preparation of the tender documentation including a Request for pre-Qualification (RFQ), a Request for Proposals (RFP) and a draft PPP agreement with detailed output specifications and performance standards, a robust payment and penalty regime as well as a possible Request for Best and Final Offer (RFBAFO) to meet the requirements for obtaining Treasury Approval IIA;

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The Transaction Advisor must prepare the complete set of procurement documents in accordance with best industry practice and the PPP Guidelines, complying with public sector procurement legislation, policies and guidelines, and in accordance with the tendering systems of the Department. The documentation must be of a standard, consistent with the results of the feasibility study that will enable the Department to obtain Treasury Approval IIA in terms of Treasury Regulation 16;

Finalise the preparation of a draft PPP agreement, based on the Standardised PPP Provisions;

Close liaison with the Department and the PPP Unit of National Treasury are required during drafting;

The PPP agreement must include mechanisms in terms of which the Department is able to measure performance and operate a penalty system;

Cognisance should be taken of the proposals made during Phase 1 regarding the procurement and renewal of the furniture fittings and equipment for the Project;

The impact of the financial crisis on the Project should be addressed during Phase 2 to ensure best value for money for Government;

Support the Department in obtaining Treasury Approval IIA (RFQ and RFP) in terms of Treasury Regulation 16, to enable the procurement process to commence;

Upon the issuance of Treasury Approval IIA (RFP/RFBAFO) undertake the procurement process in terms of the procurement plan developed in Phase I and the evaluation manual to assist the Department in selecting a preferred bidder and reserve preferred bidder;

Design a suitable bid process that will ensure comparable bids, set up a clear and fair bid evaluation system and criteria, ensure suitable bidder communication, inspire market confidence, and ensure optimal black economic empowerment participation in the Project. If appropriate, a system that allows for variant bids may be designed;

Prepare the necessary advertisements for bids and conduct a compulsory information session;

Provide support to the Department with all the necessary bidder communication, i.e. the bidding notes and responses to clarification questions.

Provide administrative support for the efficient and professional management of the entire procurement process as well as the quality and integrity thereof. The procurement process should be conducted in accordance with legislation and policy, and to the highest standards of efficiency and effectiveness, including proper management of the set timelines;

The Transaction Advisor should also provide assistance with the design and support with the management and functioning of a well controlled data room;

Provide support for the Department in conducting a structured and fair engagement with the bidders, and assisting the Department with a diligent system for the receipt of the bids and management of the bidding process and documentation;

Assist the Department in the evaluation of proposals and identification of the preferred and reserve bidders. The Transaction Advisor is to allow separately for costing of the Best and Final Offer (BAFO) process. If no BAFO stages are pursued, the Transaction Advisor‟s remuneration will be adjusted accordingly (see below – remuneration schedule);

Clarification sessions as requested by unsuccessful bidders;

Assist Department to obtain Treasury Approval IIB demonstrating that the bids of the bidders selected by and proposed as preferred and reserve bidder the Department, demonstrate value for money, risk transfer and affordability. The results of the bidding process and evaluation of the bids must be presented in a single Value-for-money Report (with relevant annexure) that demonstrates how value-for-money will be achieved with the preferred bidder. The report must clearly motivate and indicate the rankings of the bidders based on the various evaluation criteria and the basis of selection of the preferred and reserved bidders. It must also indicate the proposed risk allocations and changes to the risk profile as contained in the bids. The Value-for-money Report must

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be in a suitable format and of suitable standard to enable the Department to submit to National Treasury to obtain Treasury Approval IIB in terms of Treasury Regulation 16;

Upon issuance of Treasury Approval IIB, assist the Department in bringing the negotiations on the Project to contractual and financial close in line with and in terms of the procurement plan. The Transaction Advisor must assist the Department in final negotiations with the preferred bidder. This will entail the preparation of suitable negotiation teams, strategies encompassing suitable categorisation of issues, time-lines for completion, as well as possible negotiation tactics and processes for reaching agreement. The Transaction Advisor must ensure incorporation of all agreements reached into financial, commercial and legal documentation, and must assist with the drafting of all attendant correspondence;

Assist the Department in developing and drafting the Contract Management Plan and Manual, reflecting the PPP Agreement as negotiated. The Transaction Advisor must, in close liaison with the Department, draft a comprehensive Contract Management Plan for the Department in accordance with the provisions of the PPP agreement and with due adherence to Guidelines issued by the National Treasury in this regard;

The final terms of the Contracts, each as negotiated with the preferred bidder, must be submitted by the Department, along with the Contract Management Plan, to National Treasury for Treasury Approval III in terms of Treasury Regulation 16. The Transaction Advisor is responsible for compiling the necessary submissions for the Department to obtain this approval;

Prepare the contingent liability report for the Department;

Assist the Department to obtain Treasury Approval III;

Assist the Department with the process of signing of the PPP agreement and achieving financial closure; and

Prepare a Close-Out report. The Transaction Advisor must also compile a comprehensive Close-Out Report. This report must follow the format prescribed in the National Treasury Guidelines, and must incorporate any additional factors that may be required by the Department. The Close-Out Report will be a confidential document of the Department, and be logged also with the National Treasury.

5.3 The Transaction Advisor to address the following three critical questions as described below

i.e. (a) is the Project affordable, (b) is there value for money in procuring the Project as a PPP and (c) is there substantial risk transfer to the private sector.

a) Affordability over the term of the Project should, inter alia, address::

What are the levels of service and facilities required for a sustainable Project, meeting the needs of the Department;

What is the optimal combination of school and non-school infrastructure?

What is the extent of potential private sector involvement and possible investment in the Project given its nature and potential revenue generation, if any;

If a government contribution is considered and what would the impact and timing of such contribution be;

What can the Department afford in terms of existing budgets and could savings be made against the current expenditure, taking into account the developments surrounding education provision in the Province;

What percentage (%) of the total non-school and school infrastructure budget will be expended towards this pilot over the term of the project and a possible second phase?

How will the cost thereof impact on the ability of the Department to deliver on infrastructure requirement outside the PPP programme - including new, upgrades and maintenance?

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What human resource arrangements would be needed and what would the impact of such arrangements on the Project be; and

Possible revenue generation, if any and potential investment to enable such income generation.

b) Value for money ( VFM) to Government:

VFM takes two forms, firstly as a comparison of private sector provision (PPP Reference) with a public sector comparator (PSC);

The second analysis is extracting maximum value through a well-structured, risk allocation and well-managed competitive procurement process; and

It should be noted that contract duration is a critical driver of VFM which has to be one of the scenarios tested and determined.

The economic cost benefits analysis of the proposed investment.

The contribution to Educational outcomes and objectives set by the Department.

c) Risk Transfer:

Identify the Project risks and the probability of these risks occurring, possible mitigating strategies as well as the party best able to manage the identified risk;

A comprehensive and detailed risk matrix should be developed and priced. Substantial risks should be transferred to the private sector as far as possible, with the appropriate risk mitigation, if it provides value for money to the Government; and

The development of a well thought through detailed risk matrix during phase 1 is important for the success of the Project and should be the instrument measuring the movement of risk during the procurement and negotiation process to the final agreed risk positions in the PPP agreement.

5.4 The Transaction Advisor is expected to provide proof of substantial knowledge, expertise and experience in the following fields and an understanding of the aim of the Department with this Terms of Reference and the Project:

Financial analysis, project structuring and modelling;

PPP procurement and structuring;

Limited recourse project finance and the structuring of transactions;

Legal skills including the drafting and understanding of PPP concession agreements;

Understanding of the educational infrastructure environment and the specific needs and challenges thereof.

Skills and experience in packaging projects to ensure bankability.

Knowledge and Understanding of Educational policy and outcomes requirements.

Facilities planning and management ;

Schools and Offices hard and soft facilities management;

Equipment and IT hardware procurement and management;

Expertise in building design, quantity surveying, property development and town planning applicable to the proposed facilities and properties involved;

Labour relations matters; and

Project management specifically with reference to co-ordination of the interactions and deliverables within and between the various streams and the Department, quality assurance and time management.

The Department reserves the right to terminate the appointment of the Transaction Advisor or to require the lead advisor to terminate any member of the Transaction Advisor at any stage either during Phase 1 or Phase 2.

5.5 Transaction Advisor Skill, Experience, Remuneration and Management by the Department

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5.5.1 Skills and experience required in Transaction Advisor

The Transaction Advisor will comprise a team, managed by a single Lead Advisor, members of which have both the skill and experience necessary to undertake the range of tasks set out in this Terms of Reference. Each individual on the team must be personally available to do the work as and when required to do so. The Lead Adviser will be held accountable, in terms of the Contract, for ensuring project deliverables, and the professional conduct and integrity of the team. If the Department so decides to appoint the members of the team on an individual basis, the Lead Advisor will still be asked to co-ordinate the team and their inputs. The skills and experience required in the Transaction Advisor team are as follows:

Financial analysis, project structuring and modelling in context and with relevant PPP experience;

Limited recourse project finance and the structuring and modelling of such transactions;

PPP procurement and structuring;

Knowledge of and experience of the Treasury Regulations and PPP Guidelines;

Knowledge and experience in preparing feasibility studies within the PPP legislative framework relating to needs, options and value determination for educational and other projects including knowledge of operating and managing schools;

Educational planning, management and economics expertise and experience, including human resource planning;

Knowledge and experience of a schools environment and the link between infrastructure and outcomes.

Knowledge, skills and experience in structuring projects.

Expertise and experience in the design and operational efficiencies of an environmentally friendly and energy efficient school facilities; Expertise in the use of renewable energy.

Expertise and experience in environmental impact assessments and planning;

Expertise and experience of facilities planning and management;

Expertise and experience of hard and soft facilities management;

Expertise and experience in school furniture, fittings and equipment including IT hardware planning, procurement and management in a school environment;

Information technology and services expertise and knowledge to manage procurement, order processing, invoicing, payment tracing, servicing;

Legal experience and expertise relating to PPPs, and the drafting of PPP agreements according to Standardised PPP Provisions as well the efficient negotiation thereof;

Expertise in an environmental friendly, energy efficient building design, property development and town planning applicable to the proposed facilities and properties involved;

Expertise in architectural design, engineering design, quantity surveying with specific reference to school infrastructure;

Expertise and experience in developing transactions that promote black economic empowerment;

Project management experience and expertise;

Administrative support; and

Contract management experience and support.

All members of the Transaction Advisory team must be in good standing in all respects including ethically and professionally and should provide proof of registration where required in respect of professional registration as well as proof of good standing with such professional bodies.

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5.6 Remuneration schedule and disbursement arrangements

5.6.1 The Transaction Advisor will be remunerated in South African Rands, on a fixed price for each of Phases I and 2. The PPP procurement portion of the work may or may not proceed at the end of the feasibility study phase, and should be priced accordingly.

5.6.2 The following remuneration schedule is proposed for each Part of the Contract.

Prospective Transaction Advisors are invited to and can make alternative proposals in this regard.

The Transaction Advisor will be remunerated as follows:

Deliverable : Phase 1 Percentage Remuneration

Needs Analysis Report 20%

Options Analysis and Output Specification Report 20%

Due Diligence Report 10%

Value For Money and Affordability 30%

Feasibility Study approved for Treasury Approval 1 20%

*All inclusive of disbursements

Deliverable : Phase 2 Percentage Remuneration

Request For Qualification (RFQ) 10%

Request For Proposal (RFP): TAII 20%

Evaluating of Bids and Value for Money Report:TAII 25%

Negotiations and Treasury Approval III 30%

Financial Close and Close-out Report 15%


5.6.3 Deliverables completed per remuneration schedule must be submitted to the Project

Officer to whom the TA will report, who will then approve the invoice within 7 working days of receipt thereof, and remuneration will be paid within 30 days of approved invoice.

5.7 Rules of bidding, Bid submission requirements and Bid evaluation These bidding conditions and requirements takes preference over any other bidding conditions

5.7.1 Rules of bidding

5.7.1.1 The Transaction Advisor must preferably be a single legal entity with all other

necessary expertise obtained via sub-contract, although the Department could decide to appoint the team members on an individual basis with the Lead Advisor managing the team;

5.7.1.2 The Department will enter into a contract/s with the selected Transaction Advisor or

individual team members for the work set out in these Terms of Reference.

5.7.1.3 The Department reserves the right to terminate this appointment or temporarily defer the work, or any part thereof, should it deem necessary. Should the contract between the Department and the Transaction Advisor be terminated by either party due to reasons not attributable to the Transaction Advisor, the Transaction Advisor will be remunerated for the appropriate portion of work completed up to a maximum amount of not more than the total fee bid by the Transaction Advisor for the appropriate phase of the project during which the appointment was terminated.

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5.7.1.4 The persons proposed for professional work on the project shall remain on the project unless permission is granted by the Department to change the proposal. Such permission will only be granted in exceptional circumstances.

5.7.1.5 No material or information derived from the provision of the services under the

contract may be used for any purposes except where authorised in writing to do so.

5.7.1.6 Copyright of all documents and electronic aids, software programmes prepared or

developed in terms of this appointment shall vest in the government of the Republic of South Africa in its KZN Department of Education.

5.7.1.7 Any proposal submitted by a consortium or joint venture of two or more firms must be

accompanied by the consortium formation document or joint venture agreement, as applicable, authenticated by a Notary Public, which sets forth the precise responsibilities of each of the parties thereto. Consortia and joint venture members should be advised that each member would be held jointly and severally liable for the performance of the consortium or joint venture.

5.7.1.8 The costs of preparing proposals and of negotiating the contract are not reimbursable.

5.7.1.9 The Department is not bound to accept any of the proposals submitted and reserves

the right to negotiate price with the preferred bidder.

5.7.1.10 The Transaction Advisor and its affiliates are disqualified from providing goods, works and services to any bidding consortium or members of such a consortium and/or the private party to the PPP agreement, or to any eventual project that may result, directly or indirectly from these services.

5.7.1.11 Firms may request clarification on this Terms of Reference or any of its annexure

only during the compulsory brief session to be held.

5.7.1.12 The Department will not accept any late bid submissions and will return late bid submissions unopened.

5.7.1.13 Firms may not contact the Department or any other participant on any matter

pertaining to their bid from the time when bids are submitted to the time the contract is awarded. Any effort by a bidder to influence bid evaluation, bid comparisons or bid award decisions in any manner, may result in rejection of the bid concerned.

5.8 Bid submission requirements

Transaction Advisors are required to submit their proposals in FOUR envelopes, in the following format:

5.8.1 Envelope 1 marked with the name of the Transaction Advisor and titled:

COMPLIANCE DOCUMENTS: Proposal to act as Transaction Advisor to the Kwa Zulu Natal Department of Education. ie Schedules A to N and annexure 1 to 16

5.8.2 Envelope 2 marked with the name of the Transaction Advisor and titled: TECHNICAL PROPOSAL: Proposal to act as Transaction Advisor to the KwaZulu Natal Department of Education This envelope must contain at the following:

Covering letter signed by the lead Transaction Advisor, inter alia:

Accepting the Rules of Tendering, Evaluation of Tenders, and Tender Evaluation Criteria set out in the Terms of Reference;

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Attaching a Tax Clearance Certificate from the South African Revenue Services in respect of the lead Transaction Advisor and all South African firms to be sub-contracted to it for this assignment;

Providing full contact details for the lead Transaction Advisor; and

Joint Venture Agreement of the Transaction advisor team.

Information on and motivation for the lead Transaction Advisor, attaching his/her curriculum vitae, and setting out his/her personal, and his/her firm’s:

Suitability for this assignment;

Relevant PPP or related skills and experience: For each relevant experience cited, outline the precise role the lead Advisor played, the role of the firm, contract duration, contract outcomes, and contract value;

Availability to perform the work. This must be substantiated by listing the lead Transaction Advisor‟s other known professional commitments for the forthcoming two years;

Project comprehension and project management plan, setting out:

The Transaction Advisor‟s understanding of the Terms of Reference, and any proposals for amendments to the Terms of Reference that would enhance desired outcomes;

How the Transaction Advisor proposes to manage the set of deliverables outlined in the Terms of Reference;

A proposed outline Work Plan with time-table for delivery;

The suitability of each person in the team for the proposed roles in terms of their relevant skills and experience cross referenced to each deliverable in the Terms of Reference

The availability of each person to perform the work

How the Advisory team members will be supervised;

How reporting to the Project Officer will take place;

Any innovative ideas for how the whole assignment can best achieve its objectives.

Documents and Certificates to substantiate experience, skill and qualifications

5.8.3 Envelope 3 marked with the name of the Transaction Advisor and titled: BEE

PROPOSAL: Proposal to act as Transaction Advisor to the Kwa Zulu Natal Department of Education. This envelope must contain: Names and BEE status of all proposed team members, and their firms, setting

out:

The professional role that each person will play in the assignment. This must be cross-referenced to each deliverable set out in this Terms of Reference;

The suitability of each person for the proposed roles in terms of their relevant skills and experience;

Their availability to perform the work;

One-page résumés of each person highlighting responsibilities held for experience relevant to this assignment in the last 5 years;

Summary of the percentage of Black South African professionals on the team, clearly showing the roles they will play in the Advisory team.

Experience to structure a credible plan for effective BEE for the proposed project.

Experience to structure a credible plan for skills transfer within the proposed project to benefit local Black Professionals.

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The BEE shareholder equity in the lead Transaction Advisor‟s company

5.8.4 Envelope 4 marked with the name of the Transaction Advisor and titled: FINANCIAL PROPOSAL: Proposal to act as Transaction Advisor to the KwaZulu Natal Department of Education.

This envelope must contain Proposed remuneration for professional fees:

A remuneration proposal, in the remuneration format outlined at 5.6.2 above, giving the cost per deliverable item and total for each Part as indicated;

VAT must be specified separately as a total for each of Phase I: Feasibility and Phase II: Procurement. While VAT will be paid pro-rata for each delivery item in each Phase of the assignment, it should be indicated as a total sum per Phase for purposes of this submission;

5.9 Compulsory Briefing Session

The Department will arrange a Briefing Session on the Terms of Reference, which all potential Transaction Advisors are required to attend and to register their interest in submitting proposals. The list of attendees will be circulated to all present to encourage the formation of appropriate consortia. No party registering interest is however, bound to submit a proposal.

Date 12 December 2011 Time 10H00 Telkom Time Venue: Truro House Durban

5.10 Address and Deadline for submission of tenders

Proposals by Transaction Advisors must be submitted in suitable Box sealed envelope, containing the four separately sealed envelopes required, marked: Proposal to act as Transaction Advisor to the KwaZulu Natal Department of Education for the procurement of school and non- school infrastructure through a public private partnership. and hand delivered to:

Department of Education. 228 Pietermaritz Street PIETERMARITZBURG 3201 Bid Box is situated at the vehicle entrance of the Department of Education Building (formerly NED Building) 228 Pietermaritz Street, Pietermaritzburg, located at a ground floor, Foyer next to the security cubicle. Attention: Supply Chain Management, Department of Education, Private Bag x 9137,

PIETERMARITZBURG, 3201 The closing time for this bid will be 11h00 on 24 January 2012

The Department will record all bids received by the deadline.

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5.11 Bid evaluation

A Bid Evaluation Committee will be established comprising representatives of the Provincial Departments of Education, and Public Works, the Provincial Treasury, and the National Treasury, which will evaluate all Transaction Advisor tenders received by the deadline, according to the criteria indicated herein. The Bid Evaluation Committee reserves the right to call bidders to complete any outstanding elements of their bids, make presentations of their bids, and/or present Best and Final Offers, if required.

The Departmental Procurement Committee will verify and endorse the governance process and decision before the appointment is made. The decision will be final.

5.11.1 Bids that have passed the Compliance, Technical and BEE Evaluations will now be

subjected to an evaluation of the Price envelopes.

5.12 The evaluation criteria will consist of the following steps:

5.12.1 Step 1: Bids Check and verify compliance with the submission and completion of

compulsory bid documents against Annexure A, Sections A to N. Failure to comply with any of the sections contained in the bid document that constitute step one will render the bid invalid.

Criteria Yes No Remarks

Cover page- the cover page must be filled in

Section A- Invitation to Bid. Fill in the name of Entity and ZNT No. in case of J/V / Consortium list all parties to the J/V and each member‟s ZNT No.

Section B- Special instructions and notices. Read and initial at the bottom. NB. Alterations must be initialled. Correction fluid must not be used.

Section C- registration on the Database. Read and initial. Comply with paragraph 5 where applicable.

Section D – Declaration that information on the database is correct and up to date. This must be completed.

Section E- Declaration of interest. To be completed.

Section F – Price page. Values/bid price must be stated in Rands and must be submitted separately for each year of Bid.

Section G- Questionnaire. To be completed.

Section H – Official Briefing Session/Site Inspection Certificate.

Section I – tax clearance. Read and comply.

Section J – Authority to sign bid. Complete relevant section. Attach resolution to appoint representative where applicable.

Section K- Conditions of Bid. Fill address of official business quarters. Paragraph 7 to be fully completed.

Section L – Declaration of Bidder‟s past SCM Practices. To be completed.

Section M – The National Industrial Participation

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Programme.

Section N –Specification. To be completed.

NB: Each party to the J/V or Consortium must individually compile Sections A, C, D, E, I, J and L

5.12.2 Step 2: Check and verify compliance with the submission of schedules 1 to 16. The Non- submission, inaccurate and incomplete schedules will render the bid invalid.

Criteria Yes No Remarks

Schedule 1 – Commissioned ZNT 30. In the case of a Joint Venture/Consortium each Entity must submit a ZNT 30 separately.

Schedule 2 – Original valid tax clearance. In the case of a Joint Venture/Consortium each Entity must submit a tax clearance certificate separately.

Schedule 3 – Certified copies of, where applicable: Notice of Registered Office and Postal Address of Company (CM 22), contents of Register of Directors, Auditors and Officers (CM 29), Articles of Association Memorandum of Association (CM2), Certificate to Commence Business (CM 46), Founding Statement (CK 1, Trust Deed, Constitution, Joint Venture/ Consortium Agreements.

Schedule 4 – Declaration of Interest (SBD 4 Form). Please note that over and above this declaration being completed by the authorized representative on Section E of the standard bid document, all other parties to the agreement must sign the declaration of interest and attach these as Schedule 4.

Schedule 5 – Audited Financial Statements for the last financial year or financial reports from bidder‟s Accountants.

Schedule 6 – Bid entity profile indicating the holding company, subsidiaries, percentage shareholding of subsidiaries, management participation, lead partners and equity ownership. Enclose certified identity documents of all directors, members, trustees, partners and owners in respect of the bid entity.

Schedule 7 – Reference – A schedule reflecting the number, nature, value and duration of all contracts by the bidding entity and/or their individual directors, members, trustees and partners. Bidders are to submit with their bid documents, examples of recruitment advertisements handled by their agencies by their agencies.

Schedule 8 – Authority to sign a Bid (Please note that with the exception of a Sole Proprietor, the resolution to sign the bid passed by members, Board of Directors or partners, trustees and co-operatives must be furnished.)

Schedule 9 – Company Details. In case of JV/Consortium complete separately for each Entity.

Schedule 10 – Banking Details. Must be filled in. A letter from the bank or a original bank stamp to be furnished. A cancelled cheque must be submitted. In case of JV each Entity must submit separately.

Schedule 11 – Cancelled Cheque (not a copy thereof). A cancelled cheque must be submitted. In case of JV each Entity must submit separately.

Schedule 12 – Bill of costing. The following activities must

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be price separately for each year, failing which, will lead to disqualification. The amount on this schedule must also be transferred to Section F:

Schedule 13 – Financial Report on Bank‟s official letterhead or original stamp on the form. In case of the Joint Venture agreement each party to the said JV entity must Submit this schedule separately.

Schedule 14 – Key Personnel Information (for execution of this Bid) To be completed by the Bidding Entity.

Schedule 15- Certificate of compliance with tender document. To be completed by the Bidding Entity.

Schedule 16 – Schedule of service providers and contact details that the bidder proposes to utilise when executing this bid.

Schedule 17 - Curriculum Vitae Template

5.12.3 Step 3: Technical proposal

The Technical proposal will be evaluated out of 100 points. Submissions with a minimum score of 85 will continue on to step 4. See 5.12.6 envelope 2

5.12.4 Step 4

BEE proposal The BEE proposal will be evaluated out of 100 points. Submissions with a minimum score of 80 will continue to the final stage. See 5.12.7.envelope 3

5.12.5 Step 5

Pricing

Bids that have passed the Compliance, Technical and BEE Evaluations will now be subjected to an evaluation of price. See 5.12.8 envelope 4

5.12.6 Envelope 2 Technical Proposal

The Technical Proposals received will be evaluated according to the following criteria and scoring system. The Technical Score will be calculated out of 100 points, and only those bids that achieve a threshold of 85 points for the technical proposal will move to the next level of BEE.

Technical scorecard

Technical proposal Scoring (for whole or each sub-element where applicable)

Maximum points

1 Financial analysis and project finance Excellent = 9

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- Skills (Academic qualifications) Reasonable = 5 Poor =0

9 18 - Relevant experience

Project finance

Financial and economic cost benefits analysis

Financial and risk modelling

Budget analysis and affordability solutions

9

2 Legal Excellent = 8 Reasonable = 4 Poor =0

16

- Skills (Academic qualifications) 8

- Relevant experience

Drafting Procurement and PPP agreements

Commercial contracts

Negotiation

8

3 Technical skills appropriate to the project1 Excellent =10

Reasonable =5 Poor =0

20

- Skills (Academic qualifications) 10

- Relevant experience in

Educational policies, norms and standards for public school infrastructure

Infrastructure planning and management for schools.

Environmental friendly, energy efficient building design, quantity surveying, property development and town planning

Architectural engineering design and quantity surveying in a built environment with specific reference to educational and school infrastructure.

10

4 PPP procurement and structuring: Relevant experience and track record

Knowledge of and experience of the Treasury Regulations and PPP Guidelines;

List of PPP projects successfully procured

Excellent =8 Reasonable =4 Poor =0

8

5 Negotiations: Relevant experience and track record


8

6 Other skills and relevant experience2

Expertise and experience school furniture, fixtures, equipment.

IT hardware planning, procurement and management in an educational and accommodation environment;

Expertise and experience of hard and soft facilities management;

Developing business information systems for schools


6

7 Quality of project comprehension demonstrated in proposals

3


10

8 Quality of proposed work plan, project management approach and timetable for the project


6

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9 Lead transaction advisor’s availability for the work


8

Total technical points 100

Minimum threshold for technical 85

5.12.7 Envelope 3: BEE Proposal South African entities will be evaluated and scored for their proposals in respect of the Black Economic Empowerment Proposal as set below. The requirement for compliance with the Black Economic Empowerment Proposal will not apply to non-South African registered entities though it is a requirement that such entities partner with South African entities. BEE scorecard

BEE proposal Maximum score

Scoring Weighting Points total

1 The percentage of Black People playing leading professional roles in the Transaction Advisor consortium

5 25% - 35% = 3 >35% = 5

6 30

2 The percentage of black equity in the Transaction Advisor consortium

5 25% - 35% = 3 >35% = 5

6 30

3 A credible plan for structuring effective BEE for the PPP, with necessary skill and experience in the team

5 Poor plan, poor skill & experience = 1 or 2 Incomplete plan, limited skill & experience = 2 or 3 Credible plan, skill & experience = 4 or 5

4 20

4 A credible plan for skills transfer within the consortium to directly benefit Black professionals inexperienced in PPPs (may specify targeting of Black People within a geographic area)

5 Poor plan = 1 or 2 Incomplete plan = 2 or 3 Credible plan = 4 or 5

4 20

Total BEE points 100

Minimum threshold for BEE 80

5.12.8 Envelope 4 : Financial Proposal

Having concluded the above process, the remaining bids will be allocated Financial Proposal points pro-rata in accordance with the formula prescribed in the regulations promulgated in terms of the Preferential Procurement Policy Framework Act IE THE 90/10 PRINCIPLE

5.12.9 Step Six : Presentation to the Department (if required).

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6. COMPULSORY BRIEFING SESSION

6.1. Bidders must attend a compulsory briefing session. 6.2. Submission of bid will be deemed to confirm that a bidder has tendered from an informed

perspective. 6.3. No claims will be entertained due to a lack of knowledge of the situation in the Province.

7. FALSE DECLARATION.

7.1. All information requested in this document and provided by the bidder is accepted in good faith as being true and accurate.

7.2. Any false declaration or internal omission of relevant facts shall be reported to the Department of Education, which on receipt of such a report may disqualify the bidder concerned.

8. DELIVERY

8.1. The project will be milestone driven 8.2. The KwaZulu-Natal Department of Education reserves the right to terminate the contract

with any contractor should the contractor fail to fulfil his/her contractual obligations in terms of this contract.

9. VALIDITY PERIOD

9.1. Bids must be valid for a period of 120 days from the closing date of the bid. 9.2. When it is necessary to request bidders to extend the validity period of their bid as the

result of exceptional circumstances, the period of the extended validity will be determined and advised to bidders within the initial or any extended validity period.

10. EXTENSION OF CONTRACT

10.1. An extension of contract will only be considered in circumstances which are unavoidable.

It is normal policy that contracts are not extended. However, circumstances may arise whereby a contract cannot be renewed in time. If this is found to be the case, the right is reserved to approach the contractor with a view to extend the contract for such period agreed to.

11. PRICING

11.1. All prices must be inclusive of VAT

11.2. All prices bided are to be in a South African currency.

11.3. Bidders who are non VAT vendors must not include VAT in the bid price, but this must be

clearly indicated on the price page.

11.4. Each item/service must be priced as per the remuneration schedule in this document.

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11.5. The Service Provider shall not amend his/her contract prices unless prior approval from

the Department of Education has been obtained.

11.6. Accumulated discounts must be passed on to the Department of Education.

12. ORDERS

12.1. Services shall be rendered only upon receipt of a written official order from the Department of Education. Accounts shall be rendered as indicated on the official order or in the contract, as the case may be.

12.2. If orders cannot be executed within the period mutually agreed upon, the Service

Provider shall inform the Department of Education in writing, detailing the reasons for the delay within seven (7) days.

13. PAYMENT AND INVOICING.

13.1. Payments will only be processed upon receipt and verification of invoices by the

appropriately authorised officials.

13.2. Payment will be made to the awarded entity only. Any deviation (e.g. cession of contract) will only be accepted after relevant approval has been granted by the Departmental Bid Adjudication Committee.

13.3. Invoices must clearly indicate the order number, invoice number and comply with VAT

Act.

13.4. Payments shall be done normally within 30 days after receipt of an acceptable, valid invoice.

14. CANCELLATION OF BID.

14.1. The Department reserves the right to cancel the bid. Such cancellation shall be published in the print media.

15. COMMUNICATION

15.1. All correspondence with regard to this bid must be addressed or hand delivered to the:-

The General Manager: Supply Chain Management Private Bag X9137 PIETERMARITZBURG 3200

ATTENTION: Mrs. U.N. Maikoo.

15.2. All technical enquiries regarding this bid must be directed to the Department of Education

for the attention of Mr Lal Rambaran on telephone number (033) – 392 1121. 16. REPORTING OF IRREGULARITIES

16.1. Bidders are encouraged to advise the client departments on time of any possible irregularities which might emerge in connection with this contract.

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17. UNSATISFACTORY PERFORMANCE

17.1. Unsatisfactory performance occurs when performance is not in accordance with the

contract conditions.

17.2. Before stringent action is taken, the Department of Education will warn the contractor by registered mail that action will be taken in accordance with the contract unless the contractor complies with the conditions. If the contractor does not perform satisfactory despite a final warning, the Department of Education will institute the relevant measures for cancellation of the contract.

18. REMEDIES IN THE CASE OF INCORRECT PREFERENCES

18.1. Should a Bidder be awarded a contract on the basis of a misrepresentation of information

which he/she supplied regarding the preference which he/she claimed, and it is shown later that the information is incorrect, in addition to any legal impact which it may have, the Department of Education will:-

18.1.1. Recover any costs or damages which it may have suffered as a result of the

inclusion in the contract, and/or

18.1.2. Cancel the contract and recover any loss which the Department of Education may have suffered as a result of having to make less favourable arrangements.

19. CESSION OF CONTRACT

19.1. Any cession of a contract will only be accepted after the relevant approval has been

obtained by the Department of Education. 20. APPEALS PROCEDURES

20.1. Appeals must be lodged in terms of the appeal procedure applicable in terms of Practice Note No. 7 of 2006.

21. ACCEPTANCE OF BIDS

21.1. Department of Education is under no obligation to accept the lowest or any bid submitted.

22. JOINT VENTURE/ CONSORTIUM.

22.1. Any bid submitted by a Joint Venture / Consortium must be accompanied by a copy of the Joint Venture Agreement. Such agreement must specify the percentage of the bid to be undertaken by each participating entity.

22.2. Parties to the JV/ Consortium must all sign the JV Agreement and the minutes of the

meeting must be submitted with the bid at the closing date.

22.3. Should the parties enter into a JV, the JV Agreement should reflect a lead partner and the following nominations:

22.3.1. Bank account to be used for the purpose of this Bid or Contract.

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22.3.2. Authorised representative and signatory 22.3.3. Authority letterhead, address etc.

23. COMPLETION AND SUBMISSION OF ZNT30 (APPLICATION FOR PREFERENCE POINTS)

23.1. In order to qualify for preference points, bidders are to complete pages 6 and 7 of the ZNT 30 document where applicable. Failure by the bidder to provide all relevant information required will result in the bid not being considered for the allocation of preference points. If the information required is not applicable to the business, clearly insert the symbols “N/A” in the appropriate space. If the space is left blank, it will be regarded as information that is still outstanding and the ZNT30 will not be processed further.

23.2. Each party to a Joint Venture / Consortium submitting a bid must complete and submit a

separate ZNT 30 together with the bid before the closing date and time of the bid.

24. COMPLETENESS OF THE BID

24.1. Bidders will only be considered if the bid document is correctly completed in all respects and accompanied by all relevant certificates and other necessary and applicable information.

25. SUBMISSION OF BID.

25.1. Bids are to be submitted to the offices of the Department of Education ground floor

entrance, 228 Pietermaritz Street, Pietermaritzburg, 3201 (Old NED Building), on or before 11:00 am on the closing date. All bids are to be deposited in the bid box situated at the reception area. Late bids will not be accepted.

25.2. Documents submitted by Bidders will not be returned.

26. EXPENSES INCURRED IN PREPARATION OF BIDS.

26.1. The department will not be responsible for expenses or losses which the bidder may

incur in the preparation of this bid. 27. COMPUTERIZED BID DOCUMENTS.

27.1. Submission of reproduced computer printouts or fax bid documents will not be accepted.

28. LATE BIDS.

28.1. Bids are late it they are received at the address indicated in the bid document after the closing time/date.

28.2. The bid box will be sealed off at 11:00 am and Bidders are therefore advised to ensure

that Bids dispatched allowing enough time for any unforeseen events that may delay the delivery of bid.

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28.3. Late bids shall not be considered

29. NOTIFICATION OF AWARD OF BID.

29.1. Notification of award of a bid shall be in writing to the successful bidder by a duly authorised official of the department.

29.2. The letter of acceptance of the bidder‟s offer or an official order note constitutes a legal

and binding contract.

29.3. The publication of an intention to award will be advertised in the same media as the invitation to bid.

30. CONTRACT AND SERVICE LEVEL AGREEMENT.

30.1. The successful bidder will be required to sign a contract and Service Level Agreement within 30 days of the award, with the KwaZulu-Natal Department of Education.

4.3 ANNEXURE: B GENERAL CONDITIONS OF CONTRACT

DEFINITIONS: The following terms shall be interpreted as indicated: (a) “Closing time” means the date and hour specified in the bidding documents for the receipt of Bids. (b) “Bid” means the written agreement entered into between the Department of Education and the

Bidding Entity, as recorded in the bid form signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein.

(c) “Bid Price” means the price payable to the Bidding Entity under the bid for the full and proper performance of his contractual obligations. (d) “Corrupt Practice” means the offering, giving, receiving, or soliciting of any thing of value to influence the action of a public official in the procurement process or in contract execution. (e) “Countervailing duties” are imposed in cases where an enterprise abroad is subsidized by its government and encouraged to market its products internationally. (f) “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.

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(g) “Day” means calendar day. (h) “Delivery” means delivery in compliance with the conditions of the bid or order. (i) “Delivery ex stock” means immediate delivery directly from stock actually on hand. (j) “Delivery into consignees store or to his site” means delivery and unloaded in the specified store or depot or on the specified site in compliance with the conditions of the contract or order, the Bidding Entity bearing all risks and charges involved until the supplies are so delivered and a valid receipt is obtained.

(k) “Dumping” occurs when a private enterprise abroad market its goods and services 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. (l) “Force Majeure” means an event beyond the control of the Bidding Entity and not involving the

Bidder‟s fault or negligence and not foreseeable. Such event may include, but is not restricted to, acts of the Department of Education in its sovereign capacity, wars or revolutions,

fires, floods, epidemics, quarantine restrictions and freight embargoes.

(m) “Fraudulent practice” means a misrepresentation of facts in order to influence procurement process or the execution of a bid 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. (n) “GCC” means the General Conditions of Contract. (o) “Goods” means all the equipment, machinery, and/or other materials that the supplier is required to supply to the purchaser under the bid.

(p) “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 Bidding Entity 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 supplies covered by the bid will be manufactured. (q) “Local content” means that portion of the bidding price which is not included in the imported content provided that local manufacture does take place. (r) “Manufacture” means the production of products in a factory using labour, materials, components and machinery and includes other related value-adding activities. (s) “Order” means an official written order issued for the supply of goods or works or the rendering of a service.

(t) “Project site” where applicable, means the place indicated in bidding documents. (u) “Department of Education” means the procuring Department, incorporating the KwaZulu-Natal

Provincial Legislature. (v) “Republic” means the Republic of South Africa. (w) “SCC” means the Special Conditions of Contract. (x) “Services” means those functional services ancillary to the supply of the goods, such as transportation and any other incidental services, such as installation, commissioning,

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provision of technical assistance, training, catering, gardening, security, maintenance and other such obligations of the Bidding Entity covered under the contract. (y) “Written” or “in writing” means handwritten in ink or any form of electronic or mechanical writing. 1. CESSION OF BIDS. 1.1 The Bid is personal to the Bidding Entity who shall not sub-let, assign, cede or make over

the bid or any part thereof, or any share of interest therein, to any other person without the written consent of the Department, and on such conditions as it may approve.

1.2 This sub-clause shall not apply to sub-contracts given to regular suppliers of the Bidding

Entity for materials and minor components relating to the goods or services supplied. The Department of Education reserves the right to require the Bidding Entity to submit, for noting, the names of such sub-contractors in order to ascertain their registration on the Provincial Suppliers Database and they must be legal entities.

2. DISCREPANCIES. Should there appear to be any discrepancies, ambiguities or want of agreement in description,

dimensions, qualities or quantities in the bid, the Bidding Entity shall be obliged to refer the matter to the Department of Education‟s Representative for a decision, before proceeding to execute the bid or part thereof in respect of which the said discrepancies, ambiguities or want of agreement appear to exist.

3. QUALITY AND GUARANTEE. 3.1 All Goods supplied shall be equal in all respects to samples, patterns or specifications where

such are provided. Any changes to quality or brands will have to be approved by the Department, as this is a change to the conditions of the Bid.

3.2 Should the Department of Education, after the award of the bid and/or during the manufacture of the goods specified, decide on a variation or alteration to the specification, either at the suggestion of the Bidding Entity or otherwise, which will be to the Department‟s advantage,

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such variation or alteration shall be performed to the Department‟s satisfaction. Any variation in the Bid Price arising there from shall be subject to agreement between the Department of Education and the Bidding Entity.

3.3 The Bidding Entity shall not be relieved of his obligations with respect to the sufficiency of the materials and workmanship and the quality of the Goods supplied by the reason of no objection having been taken thereto by the Department‟s Representative at the time the Goods were delivered.

3.4 The Bidding Entity warrants that the goods supplied under the contract are new, unused, of the most recent or current models and that they incorporate all recent improvements in design and materials unless provided otherwise in the bid. The Bidding Entity further warrants that all goods supplied under this contract shall have no defect, arising from design, materials or workmanship (except when the design and/or material is required by the purchaser‟s specifications) or from any act or omission of the Bidding Entity, that may develop under normal use of the supplied goods in the conditions prevailing in the country of the final destination.

3.5 This warranty shall remain valid for twelve (12) months after the goods, or any portion thereof as the case may be, have been delivered to and accepted at the final destination indicated in the bid, or for eighteen (18) months after the date of shipment from the port or place of loading in the source country, whichever period concludes earlier, unless specified otherwise in the Special Conditions of Contract.

3.6 The Department of Education shall promptly notify the Bidding Entity in writing of any claims arising under this warranty. The Bidding Entity shall immediately remedy the said defect free of cost to the Department. Should the Bidding Entity delay remedial work in excess of time stipulated by the Department‟s representative, the Department of Education may have such remedial work executed at the Bidder‟s expense. Should the Department decide that the defect is such that it cannot be remedied, the Goods may be rejected? Such rejected goods shall be held at the risk and expense of the Bidding Entity and shall, on request of the Department, be removed by him immediately on receipt of notification of rejection. The Bidding Entity shall be responsible for any loss the Department of Education may sustain by reason of such action as the Department may take, in terms of this clause.

3.7 The risk in respect of the Goods purchased by the Department under the bid shall remain with the Bidding Entity until such goods have been delivered to the Department.

3.8 The principle feature of the Goods and Work are described in the Goods or Services Information, but the Goods or Services Information does not purport to indicate every detail of construction, fabrication or arrangements of Goods and Works necessary to meet the requirements. Omission from the Goods or Services information of reference to any part or parts shall not relieve the Bidding Entity of his responsibility for carrying out the Work as required under the Bid.

3.9 If any dispute arises between the Department of Education and the Bidding Entity in connection with the quality and guarantee of the Goods, either party may give the other notice in writing of the existence of such dispute, and the same shall thereupon be referred to arbitration in South Africa by a person mutually agreed upon by both parties. The submission shall be deemed to be a submission to arbitration within the meaning of the terms of the arbitration laws in force in the Republic of South Africa.

4. FAILURE TO COMPLY WITH CONDITIONS AND DELAYED EXECUTION. 4.1 If a bidder amends or withdraws his/her/their bid after the closing time but before the bidder is

notified that his/her/their bid has been accepted, or when notified that his/her/their bid has been accepted, he/she/they fail/fails, within the period stipulated in the conditions of bid or such extended period as the Department of Education may allow, to sign a bid or to provide security when requested to do so, he/she/they shall, unless the Department of Education decides otherwise, and without prejudice to any other right which the Department of Education may have under paragraphs 4.2 and 4.4, including the right to claim damages if a less favourable

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bid is accepted or less favourable arrangements are to be made, forfeit any deposit which may have been made with the bid.

4.2 Should the Bidding Entity fail to comply with any of the conditions of the bid, the Department of Education shall be entitled, without prejudice to any of its other rights, to cancel the bid.

4.3 Upon any delay beyond the bid period in the case of a supplies contract, the Department of Education shall, without cancelling the bid, be entitled forthwith to purchase supplies of a similar quality and up to the same quantity in substitution of the goods not supplied in conformity with the bid and to return any supplies delivered later at the bidder‟s expense and risk, or forthwith to cancel the bid and buy such supplies as may be required to complete the bid, and without prejudice to its rights, be entitled to claim damages from the Bidding Entity.

4.4 Upon any delay beyond the bid period in the case of a service bid, the Department of Education shall, without prejudice to any other right and without cancelling the bid, be entitled forthwith to arrange the execution of the service not rendered in conformity with the bid or to cancel the contract, and without prejudice to its other rights, be entitled to claim damages from the Bidding Entity.

4.5 In the event of the Department availing itself of the remedies provided for in paragraph 4.2 – 4.5.1 the Bidding Entity shall bear any adverse difference in price of the said supplies services

and these amounts plus any other damages which may be suffered by the Department, shall be paid by the Bidding Entity to the Department immediately on demand, or the Department may deduct such amounts from moneys (if any) otherwise payable to the Bidding Entity in respect of supplies or services rendered or to be rendered under the bid or under any other bid or any other amounts due to the Bidding Entity ; or

4.5.2 if the Bidding Entity fails to supply the goods or render the service within the period stipulated in the bid, the Department of Education shall have the right, in its sole discretion, to claim any damages or loss suffered.

4.6 No damages shall be claimed in respect of any period of delay which the Bidding Entity can

prove to be directly due to a state of war, sanctions, strikes, lockouts, damage to machinery as a result of accidents, fire, flood or tempest or act of God, which could not be foreseen or overcome by the Bidding Entity, or to any act or omission on the part of persons acting in any capacity on behalf of the Department of Education.

4.7If the delivery of the supplies or the rendering of the service is likely to be delayed or is in fact being delayed on account of any of the reasons mentioned in paragraph 4.6, full particulars of the circumstances shall be reported forthwith in writing to the Department and at the same time the Bidding Entity shall indicate the extension of the delivery period which is desired. 5. PATENTS. 5.1 The Bidding Entity shall pay all royalties and expenses and be liable for all claims in respect of

the use of patent rights, trademarks or other protected rights, and hereby indemnifies the department against any claims arising there from. 5.2 The Bidding Entity shall indemnify the Department against all third-party claims of infringement

of patent, trademark, or industrial design rights arising from the use of the goods or any part thereof by the Department.

6. PACKAGING, MARKING AND DELIVERY. 6.1 All goods shall be crated, packed or battened securely in such a manner as to prevent damage during loading, transport and off-loading. Unless otherwise specified, packing cases and packing materials are included in the Bid Price, and shall be and remain the property of

the Department. 6.2 All goods shall be clearly marked in the manner stated in the Goods or Services Information.

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6.3 Goods shall be delivered to the address within the Department‟s area of jurisdiction as set out in the Special Conditions of Contract or Goods and Services Information.

6.4 Goods shall be delivered on Weekdays between 08:00 and 16:00, free of all charges, only when ordered upon an official letter or form of order issued by the Department. No goods will

be received on Saturdays, Sundays and public holidays. This paragraph (6.4) is applicable only when not excluded in the Special Conditions of Contract.

6.5 Goods delivered shall in all cases be accompanied by delivery notes in duplicate, one which will be retained by the Department. The Bidding Entity shall be responsible for the safe delivery

as to the quality, quantity and condition of the goods. 6.6 Delivery, unless otherwise provided for in the Special Conditions of Contract, shall be affected

within seven (7) days from receipt of the order. The Bidding Entity shall advise the Department upon receipt of an order in writing of any anticipated delays, citing reasons therefore and put forward a new anticipated delivery date. The Department of Education may then extend the delivery date, if and as it deems fit.

6.7 Should the Bidding Entity fail to supply the material within the time stated in his bid, or within

the extended time allowed to him in terms of clause 6.6 hereof, the Department reserves the right (after giving the Bidding Entity seven days notice in writing) to cancel the bid and purchase the materials elsewhere and the bidder shall refund to the Department any extra cost incurred over and above the bid price. No liability shall, however, be attached to the Bidding Entity if delivery of materials is rendered impossible or delayed by reason of circumstances beyond the Bidder‟s control.

6.8 If the Bidding Entity cannot produce proof satisfactory to the Department that the delay was

due to circumstances beyond his control, no price increase after the due date will be recognized.

6.9 If at any time the Department of Education ascertains that, due to negligence of the Bidding

Entity or for reasons beyond his control: 6.9.1 No work on the order has been commenced and in the opinion of the Department, there is little or no prospect of work being commenced in reasonable time; 6.9.2 Delivery of any materials is being or is likely to be delayed beyond the delivery date promised, and/or 6.9.3 There is little or no prospect of the order being completed within a reasonable time after the promised date; the Department of Education may, by notice to the Bidding Entity in

writing, cancel as from the future date specified in such notice, the whole or any part of the order in respect of which material has not been delivered by that date without incurring any liability by reasons of such cancellation. The cases where circumstances beyond the control of the Bidding Entity have delayed commencement or completion of the order, cancellation of the order will be affected by mutual arrangement or where this is not possible by the decision of the Department. The Bidding Entity shall then as soon as possible after such date deliver to the Department that part of the order which has been completed, and payment is to be effected is for the part performance on a proportional basis, subject to the uncompleted part not being an integral or essential part of the bid.

6.10 Should a price other than an all-inclusive price be required, this shall be specified in the

SCC. 7. CONSIGNMENT OF GOODS 7.1 Goods, if delivered by Spoornet may be consigned carriage paid in the Bidder‟s name,

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care of the Department to the place of delivery stipulated, but not in the name of the State. Goods consigned to stores located in areas which Spoornet may refuse to deliver, must be done so care of a local agent or to a local depot from which they may be re-delivered by road to such stores. 7.2 Bidders shall arrange with Spoornet to deliver goods to the Department‟s stores during the

hours and on the days that the stores are open. 7.3 The Department of Education will not be responsible for any damage, re-delivery charges or

any other charges raised by Spoornet. 7.4 Claims on the South African Transport Services or on any other carrier in respect of weight, quantity, damage or loss, shall be made by the Bidding Entity . 8. PAYMENT 8.1 The Bidding Entity shall furnish the Department with an invoice accompanied by a copy of the

delivery note upon fulfilment of other obligations stipulated in the bid. 8.2 Payments shall be made promptly by the Department, but in no case later than thirty days (30)

days after submission of an invoice or claim by the Bidding Entity. 8.3 Payments will be made in Rand unless otherwise stipulated. 8.4 Payments for goods are made by the Department only. Any disputes regarding late or delayed

payments must be taken up with the department and if a problem persists, the Supply Chain Management Office can be requested to investigate the delays.

9. INVOICES 9.1 All invoices submitted by the Bidding Entity must be Tax Invoices indicating quantity ordered

and quantity delivered, the amount of tax charged and the total invoice amount. 10. BID PRICE ADJUSTMENT 10.1 Firm contract crises shall not be subject to adjustment. Bid Prices which are not firm shall be increased or reduced by the amount of variation between the Cost to Bidder and the actual cost to the Bidding Entity, such variations to be subject to the following Conditions:- 10.1.1 Where the Cost to Bidder was based on a printed catalogue or list price, the variation shall be the difference between that price list and the price list actually charged. Should it transpire that the Cost to Bidder was not based on the latest available price list at the Date of Bid, the Department of Education shall have the right to elect the price list on which

any variation shall be based. 10.1.2 Where the Cost to Bidder was based on a quotation by the manufacturer, or where the Bidding Entity is the manufacturer, and the Bid Price was based on the cost of materials and labour ruling at a certain date, the variation in the Bid Price shall be calculated by means of the Steel and Engineering Industries Federation of South Africa (SEIFSA) formula if this is stipulated in the bid, or if the Department‟s representative considers it to be

appropriate. Where the use of the SEIFSA formula is not appropriate, the variation shall be calculated by means of another formula acceptable to the Department, which shall

be indicated in the Special Conditions of Contract. Only those cost increases due to wage increases prescribed by regulating measures having the force of law, or increases in the cost of materials and railage as may be proven by documentary evidence, or published data, will be considered in determining Bid Price variation.

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10.1.3 Any difference between Rates and Charges ruling at the time of bid and those actually paid by the Bidding Entity will be for the account of the Department. The Bid Price adjustment arising from any variation in Rates and Charges shall, in every instance, be applied to the appropriate value, or tonnage, of the Goods shipped. Where a variation in the Cost to bidder has been allowed, the contract price shall be adjusted by the product of such variation and every component of Rates and Charges which is based on the value of the Goods, whether or not the costs of such components have varied. 10.1.4 No claim for increased costs will be entertained if the Bidding Entity is unable to produce documentation to substantiate Cost to Bidder and Rates and Charges on which the contract price was based and documentation to support his claim. Such documentation

must, in the opinion of the Department, adequately support the Bidder‟s claim. No claim for increased costs to the Bidding Entity arising from negligence on his part, or that of the manufacturer, will be considered.

10.1.5 The Bidding Entity shall, in respect of every consignment or shipment of Goods delivered,

supply to the Department‟s Representative documentary evidence of variation, if any, in cost to Bidder and Rates and Charges.

10.1.6 Claims for increased cost shall be submitted with the invoice for the Goods in respect of which the claim is made, or as soon thereafter as possible. Claims shall not be considered if received more than 90 days after the expiry of the bid unless notice of intention to claim has been given to the Department before such date. 10.1.7 In the event of there being no claim by the Bidding Entity for increased costs, the Bidding

Entity shall not be entitled to full payment under the bid before he has submitted to the Department, in his own name or in the name of the manufacturer, a certificate declaring that there have been no adjustments in the cost of manufacture which entitle the Employer to a reduction in the Bid Price as provided for in this clause.

11. REMEDIES IN THE CASE OF DEATH, SEQUESTRATION, LIQUIDATION OR JUDICIALMANAGEMENT 11.1 In the event of the death of a Bidding Entity or the provisional or final sequestration of his/her/their estate or of his/her/their cession or transfer of a bid without the approval of the Department or of the surrender of his/her/their estate or of his/her/their reaching a compromise with his/her/their creditors or of the provisional or final liquidation of a

bidder‟s company/closed corporation or the placing of its affairs under judicial management, the Department of Education may, without prejudice to any other rights it may have, exercise any of the following options:

11.1.1 Cancel the bid and accept any of the bids which were submitted originally with that of the Bidding Entity or any offer subsequently received to complete the bid. In such a case

the estate of the Bidding Entity shall not be relieved of liability for any claim which has arisen or may arise against the Bidding Entity in respect of supplies not delivered or work not carried out by the Bidding Entity , under the bid.

11.1.2 Allow the executor, trustee, liquidator or judicial manager, as the case may be, for and on behalf of and at the cost and expense of the estate of the Bidding Entity to carry on with and

complete the bid. 11.1.3 For and on behalf of and at the cost and expense of the estate of the contractor, itself carry on with and complete the contract and in that event the Department of Education may

take over and utilize, without payment, the bidder‟s tools, plant and materials in whole or in part until the completion of the contract.

11.2 Should the Department of Education elect to act in terms of paragraph 11.1.3 it shall give

notice of Its requirements to the executor, trustee, liquidator or judicial manager of the

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bidder‟s estate and should the said executor, trustee, liquidator or judicial manager fail within 14 days of the dispatch of such notice to make provision to the satisfaction of the Department for the fulfillment of such requirements, or should no trustee, liquidator or judicial manager be appointed within 14 days of the occurrence mentioned in paragraph 11.1, the Department of Education may apply any remedy open to it in terms of the bid as if a breach thereof had taken place.

11.3 Should the Department of Education act in terms of paragraph 11.1.3 the Bidding Entity

must leave the premises immediately and may not occupy such premises on account of retention or any other right.

12. LAW TO APPLY. 12.1 The Bid shall in all respects be construed in accordance with the law of the Republic of South

Africa, and any difference that may arise with the law of the Republic of South

Africa, and any difference that may arise between the Department and the Bidding Entity in regard to the bid, shall be settled in the Republic of South Africa.

13. OFFERING OF COMMISSION OR GRATUITY. 13.1 If the Bidding Entity , or any person employed by him, is found to have either directly or

indirectly offered, promised or given to any office bearer of the Department of Education or person in the employ of the Department, any commission, gratuity, gift or other consideration, the Department of Education shall have the right, summarily and without recourse to law and without prejudice to any other legal remedy which it may have in regard to any loss or additional cost or expenses, to cancel the Bid without paying any compensation to the Bidding Entity.

14. PREFERENCES.

14.1 Should the Bidding Entity apply for preferences in the submission of his bid, and it is found at a later stage that these applications were incorrect or made under false pretences, the Department of Education may, at its own right:-

14.1.1 Recover from the Bidding Entity all costs, losses or damages incurred or sustained by the Department of Education as a result of the award of the bid; and / or 14.1.2 Cancel the contract and claim any damages which the Department of Education may suffer

by having to make less favourable arrangements after such cancellation. 14.1.3 The Department of Education may impose penalties, however, only if provision therefore is

made in the Special Conditions of Contract. 15. WEIGHTS AND MEASURES. 15.1 The quantities of goods offered or delivered shall be according to South African standard

weights and measures. 16. SECURITY. 16.1 Special Conditions of Contract relating to Surety/Guarantee requirement must be dealt with

in strict compliance with the Conditions of Bid set out herein. 16.2 In respect of bids less than R 500 000, the guarantees and sureties required may be based on a risk evaluation conducted by the Department of Education inviting the bid.

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16.3 No deposits are required for bid applications for bids below R 500 000.

17. ORDERS. 17.1 Goods shall be delivered and services rendered only upon receipt of a written official order

or the signing of a contract with the Department, and accounts shall be rendered as indicated on the official order or in the bid, as the case may be.

17.2 The Department of Education reserves the right to call upon any Bidding Entity during the

bid period to make known the following details: 17.2.1 Name of Institution placing order; 17.2.2 Departmental official order number; 17.2.3 Quantity ordered; and 17.2.4 List of items ordered. 18. EXPORT LICENCES. 18.1 When orders are placed for goods in respect of which an export licence from the country of origin of supplies is required, the Bidding Entity shall: 18.1.1 Not incur any direct or indirect costs in connection with the supply or dispatch of such supplies before he has obtained such licence; 18.1.2 If the government of the country from which the supplies are to be exported refuses, or fails to grant such licence within three months of the placing of the order, the order shall be considered to be cancelled and no liability will be accepted for any loss or expenses irrespective of the nature thereof, including loss or expenditure suffered or incurred by the Bidding Entity or any other person in respect of the production, supply, transportation or delivery of such supplies. 19. INSURANCE. 19.1 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.

19.2 Any insurance policies taken out by a Bidding Entity to cover goods delivered for a bid must be taken out with a company registered in South Africa in terms of relevant insurance and companies acts. 20. INSPECTION, TESTS AND ANALYSES. 20.1 In terms of Provincial policy, inspections of a Bidder‟s goods and services are permitted. Bidders and Bidding Entities must allow reasonable access to premises to officials from the department inviting the bid, or person specially appointed by the Department to carry out inspection or tests. There are two main categories: Firstly, where the bid conditions call for goods to be inspected during the bid period. Secondly, where the inspection results are to be submitted with the bid document. 20.2 If it is a bid condition that goods to be produced should at any stage during production or on completion be subject to inspection, the premises of the Bidding Entity shall be open, at all

reasonable hours, for inspection by a representative of the Department or of an organization acting on its behalf.

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20.3 Inspections tests and analyses may be carried out prior to dispatch in regard to such bid goods as may be deemed necessary by the Department, and the Bidding Entity shall provide, if required, all the required facilities for the inspection, tests and analyses of the goods free of charge and shall, if required, provide all the materials, samples and labour and available apparatus which may be required for the purposes of such inspection, tests and analyses free of charge, unless otherwise specified.

20.4 If there are no inspection requirements in the bid documents and no mention thereof is made

in the letter of acceptance, but during the bid it is decided that inspections shall be carried out; the Department of Education shall itself make the necessary arrangements, including payment arrangements, with the testing authority concerned. The premises of the Bidding Entity must be open and accessible at all reasonable times for the purposes of these tests.

20.5 If the inspection, tests and analyses show the goods or service to be in accordance with bid

requirements, the cost of the inspection, tests and analyses shall be defrayed by the Department of Education is calling for such tests or analyses. Where the supplies or services do not comply with the contract, the costs shall be defrayed by the Bidding Entity and the Department of Education shall have the right, without prejudice to any other legal remedy it may have, to deduct such costs from payments due to the Bidding Entity under the bid or under any other bid.

20.6 Goods and services which do not comply with the bid requirements may be rejected. 20.7 Any goods may on or after delivery be inspected, tested or analysed and may be rejected if

found not to comply with the requirements of the bid, and such rejected goods shall be held at the cost and risk of the Bidding Entity who shall, when called upon, remove them immediately at his own cost and forthwith substitute them for goods which do comply with the requirements of the bid, failing which such rejected goods shall be returned at the Bidder‟s cost and risk. Should the Bidding Entity fail to provide the substitute goods forthwith, the Department of Education may, without giving the Bidding Entity a further opportunity to substitute the rejected goods, purchase such supplies as may be necessary at the expense of the Bidding Entity, for example, the transport costs and other expenses regarding the rejected goods must be refunded by the Bidding Entity?

20.8 Where imported goods are to be inspected before delivery, the Bidding Entity shall notify his

suppliers abroad of the conditions applicable to inspections. 20.9 Provisions contained in sub-clause 20.1 and 20.8 shall not prejudice the right of the department to cancel the contract on account of a breach of the conditions thereof.

21. RESTRICTION OF BIDDING.

Without prejudice on any other legal remedies, the Department of Education may impose restrictions on a Bidder in terms of which bids to the Department of Education will not be accepted for such period as determined by the Department. This information may be passed to other provinces or State organizations in the Republic of South Africa. These restrictions may be imposed in terms of the breach of any of the requirements to be met in terms of the accepted bid or bid. The Department of Education may also make a restriction on a bidder from another province or State institution applicable to this Department of Education.

22. CONTRACTOR’S LIABILITY.

22.1 In the event of the bid being cancelled by the Department of Education in the exercise of its rights in terms of these conditions, the Bidding Entity shall be liable to pay to the Department any losses sustained and/ or additional costs or expenditure incurred as a result of such cancellation, and the Department of Education shall have the right to recover such losses, damages or additional costs by means of set-off from moneys due or which may become due in terms of the bid or any other bid or from guarantee provided for the due fulfilment of the bid and, until such time as the amount of such losses,

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damages or additional costs have been determined, to retain such moneys or guarantee or any deposit as security for any loss which the Department of Education may suffer or may have suffered.

22.2 The Bidding Entity may be held responsible for any consequential damages and loss

sustained which may be caused by any defect, latent or otherwise, in supply or service rendered or if the goods or service as a result of such defect, latent or otherwise, does not conform to any condition or requirement of the bid.

23. PRICE LISTS.

Price lists which are part of the bid shall not be amended without the approval of the Department, unless the SCC specify otherwise.

24. SUBMISSION OF CLAIMS.

24.1 Claims must be submitted within 90 days of the delivery date of items, but the delivery date will be calculated according to the delivery period stipulated in terms of the contract, unless an extension for late delivery has been granted by the Department.

24.2 For period bids, no price increase will be granted within the first 180 days of the bid

period. No price increase applications which are submitted later than 90 days after the bid period expired will be considered. The claims shall be accompanied by documentary proof and, if required, an auditor‟s report sustaining the claim shall be provided.

24.3 Claims referring to formulae and indices must be clearly set out in terms of indices or

formulae values used to calculate the bid price, and the adjusted indices or values. 25. PROVINCIAL PROPERTY IN POSSESSION OF A CONTRACTOR.

25.1 Department‟s property supplied to a Bidding Entity for the execution of a bid remains the property of the Department and shall at all time be available for inspection by the Department or its representatives. Any such property in the possession of the Bidding Entity on the completion of the contract shall, at the Bidder‟s expense, be returned to the Department forthwith.

25.2 The Bidding Entity shall be responsible at all times for any loss or damages to the

Department‟s property in his possession and, if required, he shall furnish such security for the payment of any such loss or damages as the Department of Education may require.

26. RIGHTS TO PROCURE OUTSIDE THE BID.

26.1 The Department of Education reserves the right to procure goods outside the bid in cases of urgency or emergency or if the quantities are too small to justify delivery costs, or if the goods are obtainable from another organ of Department or if the Bidder‟s point of supply is not situated at or near the place where the goods are required or if the Bidder‟s goods are not readily available.

26.2 No provision in a bid shall be deemed to prohibit the obtaining of goods or services from

a Department of Education or local authority.

27. AMENDMENT OF CONTRACT

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No agreement to amend or vary a bid or order or the conditions, stipulations or provisions thereof shall be valid and of any force and effect unless such agreement to amend or vary is entered into in writing and signed by the bidding parties. Any waiver of the requirement that the agreement to amend or vary shall be in writing.

28. NOTICES

28.1 Every written acceptance of a bid shall be posted to the supplier/bidder concerned by registered or certified mail and any other notice to him/her/it shall be posted by ordinary mail to the address furnished in his bid or to the address notified later by him/her/it in writing and such posting shall be deemed to be proper service of such notice.

28.2 The time mentioned in the bid documents for performing any act after such aforesaid

notice has been given, shall be reckoned from the date of posting such notice. 29. INCIDENTAL SERVICES.

29.1 The Bidding Entity may be required to provide any or all of the following services, including additional services, if any, specified in the Special Conditions of Contract.

(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 each appropriate unit of the supplied goods;

(d) performance or supervision or maintenance and/or repair of the supplied goods, for a

period of time agreed by the parties, provided that this service shall not relieve the Bidding Entity of any warranty obligations under this bid; and

(e) training of the Department‟s personnel, at the Bidder‟s plant and/or on-site, in

assembly, start-up, operation, maintenance, and/or repair of the supplied goods.

29.2 Prices charged by the Bidding Entity for incidental services, if not included in the bid price for the goods, shall be agreed upon in advance by the parties and shall not exceed the prevailing rates charged to other parties by the Bidding Entity for similar services.

30. USE OF BID DOCUMENTS AND INFORMATION INSPECTION.

30.1 The Bidding Entity shall not, without the Department‟s prior written consent, disclose the bid, or any provision thereof, or any specification, plan, drawing, pattern, sample, or information furnished by or on behalf of the Department in connection therewith, to any person other than a person employed by the Bidding Entity in the performance of the bid. Disclosure to any such employed person shall be made in confidence and shall extend only as far as may be necessary for purposes of such performance.

30.2 The Bidding Entity shall not, without the Departments prior written consent, make use of any document or information mentioned in GCC clause 30.1 except for purposes of performing the bid.

30.3 Any document, other than the bid itself mentioned in GCC clause 30.1 shall remain the property of the Department of Education and shall be returned (all copies) to the Department on completion of the Bidder‟s performance under the bid of so required by the Department.

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30.4 The Bidding Entity shall permit the Department to inspect the Bidder‟s records relating to the performance of the Bidding Entity and to have them audited by auditors appointed by the Department of Education, if so required by the Department.

31. SPARE PARTS.

31.1 If specified in SCC, the Bidding Entity may be required to provide any or all of the following materials, notifications, and information pertaining to spare parts manufactured

or distributed by the Bidding Entity:

(a) Such spare parts as the Department may elect to purchase from the Bidding Entity,

provided that this election shall not relieve the Bidding Entity of any warranty

obligations under the bid.

(b) In the event of termination of production of the spare parts: (i) Advance notification to the Department of the pending termination, in sufficient

time to permit the Department to procure needed requirements; and

(ii) Following such termination, furnishing at no cost to the Department, the blueprints, drawings, and specifications of the spare parts, if requested.

32. PENALTIES. 32.1 Subject to GCC Clause 4, if the Bidding Entity fails to deliver any or all of the goods or to

perform the services within the period(s) specified in the bid, the Department of Education shall, without prejudice to its other remedies under the bid, deduct from the bid price, as a penalty, a sum calculated on the delivered price of delayed goods or unperformed services, using the current prime interest rate calculated for each day of the delay until actual delivery or performance. The Department of Education may also consider termination of the bid in terms of the GCC.

33. ANTI-DUMPING AND COUNTERVAILING DUTIES AND RIGHTS 33.1 When, after the date of bid, provisional payments are required, or anti-dumping or

countervailing duties are imposed or the amount of a provisional payment or anti- dumping or countervailing right is increased in respect of any dumped or subsidized - import, the State is not liable for any amount so required or imposed, or for the amount of

any such increase. When, after the said date, such a provisional payment is no longer required or any such anti-dumping or countervailing right is abolished, or where the amount of such provisional payment or any such right is reduced, any such favourable difference shall on demand be paid forthwith by the Bidding Entity to the State or the State my deduct such amounts from moneys (if any) which may otherwise be due to the Bidding Entity in regard to supplies or services which he delivered or rendered, or is to deliver or render in terms of the bid or any other bid or any other amount which may be due to him.

34. GOVERNING LANGUAGE. 34.1 The bid shall be written in English. All correspondence and other documents pertaining to the

bid that is exchanged by the parties shall also be written in English. 35. TAXES AND DUTIES. 35.1 A foreign Bidding Entity shall be entirely responsible for all taxes, stamp duties, license fees,

and other such levies imposed outside the Department‟s country.

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35.2 A local Bidding Entity shall be entirely responsible for all taxes, duties, license fees, etc, incurred until delivery of the contracted goods to the Department.

35.3 No bid shall be concluded with any bidder whose tax matters are not in order. Prior to the

award of a bid the Department of Education must be in possession of a tax clearance certificate, submitted by the bidder. This certificate must be an original issued by the South African Revenue Services.

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65

4.3 ANNEXURE C Schedules 1 to 17

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5.) Schedule 1 – ZNT30 form (fully commissioned). In the case of the Joint Venture agreement each party to the said JV entity must submit this schedule separately.

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APPLICATION FOR PREFERENCE POINTS (ZNT 30)

THESE FORMS MUST BE COMPLETED AND SUBMITTED TOGETHER WITH YOUR BID OR QUOTATION.

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FOR INFORMATION ONLY

1. Primary Definitions:

1.1 “Affirmable Business Enterprise” - a business which adheres to statutory Labour practices, is a legal entity, registered with the South African Revenue Service and a continuing and Independent Enterprise for profit, providing a Commercially Useful Function and whose management and daily business operations are in the control of one or more of the Historically Disadvantaged Individuals who own it.

2. Supplementary Definitions:

2.1 “Affiliated Entity” - is a business entity which has control of or the power to control another business entity, albeit indirectly, eg where a third person has control of or has the power to control both entities. Indicators of control shall, without limitation, include interlocking management or ownership, identity of interests among family members, shared facilities and equipment or common use of employees.

NOTE: In order to prevent ABE‟s from breaking themselves down into smaller entities so as to keep within the prescribed turnover limits and in so doing maintain their ABE status, the annual average turnover of Affiliated Businesses must be considered. A business will be deemed to be an affiliated entity should the ABE under consideration have a 50% or more ownership in such an enterprise, or a HDI who has ownership of 33% or more within the ABE under consideration, also have an ownership of 33% or more in the other entity.

2.2 “Commercially Useful Function” - refers to the performance of real and actual work, or the provision of services, in the discharge of any contractual obligation which shall include but not be limited to the performance of a distinct element of work, which the business has the skill and expertise to undertake and the responsibility for management and supervision.

2.3 “Control” - means the possession and exercise of legal authority and power to

manage the assets, goodwill and daily operations of a business and the active and continuous exercise of appropriate managerial authority and power in determining the policies and directing the operations of the business.

2.4 “Disability” - means, in respect of a person, a permanent impairment of a physical, intellectual, or a sensory function, which results in restricted, or lack of, ability to perform an activity in the manner, or within the range, considered normal for a human being.

2.5 “Executive Director” - is a partner in a partnership, a sole proprietor, a director of a company established in terms of the Companies Act, 1973 (Act 61 of 1973) or a member of a close corporation registered in terms of the Close Corporation Act, who jointly and severally with his other partners, co-directors or co-members, as the case may be, bears the risk of business and takes responsibility for the management and liabilities of the partnership company or close corporation.

2.6 “Historically Disadvantaged Individuals (HDI)” - means a South African citizen:

i) who, due to the apartheid policy that had been in place, had no franchise in national elections prior to the introduction of the Constitution of the Republic of South Africa, 1983 ( Act No.110 of 1983) or the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993) (the interim Constitution);

ii) a female; and

iii) has a disability.

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NOTE: A person, who obtained South African citizenship on or after (27 April 1994) the coming into effect of the Interim Constitution, is deemed not to be an HDI.

2.7 “Independent Enterprise” - means an enterprise which is free of any degree of direct or indirect ownership, or control by any firm which engages in activities similar to those in respect of which credit toward the Contract Participation Goal is sought, or by any Executive Director of such a firm, who is not a Historically Disadvantaged Individual.

NOTE: Any enterprise whose owners include firms which engage in the majority of activities that are performed by that enterprise cannot claim Affirmable Business Enterprise status. Likewise, any enterprise which has any non HDI Executive Directors who have interests in such firms cannot claim Affirmable Business Enterprise status.

2.8 “Small Business” - means a separate and distinct business entity, including co-operative enterprises and non-governmental organisations, managed by one owner or more which, including its branches or subsidiaries, if any, is predominantly carried on in any sector or sub-sector of the economy mentioned in column 1 of the schedule and which can be classified as a micro, a very small, a small or a medium enterprise by satisfying the criteria mentioned in columns 3, 4 and 5 of the schedule opposite the smallest relevant size or class as mentioned in column 2 of the schedule.

2.9 “Trust” - means the arrangement through which the property of one person is made over or bequeathed to a trustee to administer that property for the benefit of another person (beneficiary).

2.10 “Trustee” - means any person, including the founder of a trust, to whom property is bequeathed in order for the property to be administered for the benefit of another person (beneficiary).

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INTRODUCTION AND GUIDELINES

The ZNT 30 was specifically designed to provide for the application for preference points. In order to ensure that bidders/suppliers are considered as legitimate bidders/suppliers, it is imperative that the following guidelines are adhered to.

1. Applicants are to complete pages 5 to 8, where applicable. Failure by an applicant

bidder/supplier to provide all relevant information required, will result in such a bidder/ supplier not being considered for preference point‟s allocation. If the information required is not applicable to your business, clearly insert the symbols “N/A” in the appropriate space. If the space provided is left blank, it will be regarded as information that is still outstanding and the ZNT 30 will not be processed further.

2. Applicants are advised that only original ZNT 30, or PHOTOSTAT copies thereof, will be

processed. Any document that has been retyped or redrafted will be disregarded. 3. It is imperative that only documents with an original signature be submitted. No photocopies

or fax transmissions will be accepted, if they do not bear the original signature/s. 4. All signatures to the document must be commissioned by an authorised Commissioner of

Oaths. Failure to do so will result in the applicant not qualifying for preference points. 5. All terms contained herein shall be interpreted in terms of the KwaZulu-Natal Supply Chain

Management Framework. 6. This document remains valid for a period of one hundred and eighty (180) days only. 7. Bidders/Suppliers providing information incorrectly or fraudulently in their ZNT 30 submitted

for the purpose of preference points, will be disqualified from bidding and removed from the Suppliers Database, in addition to any other action the Province may institute against such a supplier. Further, in the event of the Province being prejudiced financially, it reserves the right to take legal action against the bidder/supplier.

8. For definitions of terminology used in this document, please refer to the definitions set out in

regulation 1 of the Procurement Regulations, 2001, obtainable from the Procurement Administration Office or website.

9. Any alterations made by the bidder must be initialed. The use of correcting fluid is prohibited,

and may lead to non-awarding of preference points. 10. Submission of a duly signed ZNT 30 indicates that a bidder/supplier has adequately

familiarised himself/herself/itself with the contents and the legal implications thereof. Because bidders/suppliers are accordingly liable for all information submitted on the ZNT 30, they are urged to seek legal advice where there is uncertainty relating to the terms and conditions contained herein.

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APPLICATION FOR PREFERENCE POINTS

(The following information must be filled in by the applicant. Failure to submit all the required information may lead to non-awarding of preference points)

1. BUSINESS PARTICULARS

1.1. Name of Business: ........................................................................................................

1.2. Suppliers Database Registration Number: ....................................................................

1.3. Postal address: .............................................................................................................

......................................................................................................................................

Physical address: .........................................................................................................

.....................................................................................................................................

Telephone no.: ......................................................... Fax no.: .....................................

Cell. no.: ...................................................................

E-mail address, if available: .........................................................................................

1.4. Contact person (Print name): ......................................................................................

1.5. Physical location of Head Office (if applicable): ..........................................................

1.6 TYPE OF BUSINESS

Tick whichever block is applicable to your business or firm.

PUBLIC COMPANY LTD

PRIVATE COMPANY (PTY) LTD

CLOSE CORPORATION CC

SOLE PROPRIETOR

PARTNERSHIP

TRUST

CO-OPERATIVE

VOLUNTARY ASSOCIATIONS

JOINT VENTURE

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2. BUSINESS INFORMATION

THE FOLLOWING TABLE MUST BE COMPLETED IN ORDER TO ESTABLISH WHETHER A BUSINESS CAN BE CLASSIFIED AS AN SMME IN TERMS OF THE NATIONAL SMALL BUSINESS ACT 102 OF 1996. INDICATE .THE SECTOR BY TICKING THE APPROPRIATE BLOCK IN COLUMN 2 AND THEN TICK THE CORRESPONDING INFORMATION BLOCKS IN COLUMNS 3, 4 AND 5.

COLUMN 1

COLUMN 2

COLUMN 3

COLUMN 4

COLUMN 5

Sector or sub-sectors in accordance with the Standard Industrial Council

TICK WHERE APPLICABLE

Total full time equivalent of paid employees

Total annual turnover Less than

Total gross asset value (fixed property excluded) Less than

Agriculture

MORE THAN 100

MORE THAN R 4.00m

MORE THAN R 4.00m

LESS THAN 100

LESS THAN R 4.00m

LESS THAN R 4.00m

Mining and Quarrying

MORE THAN 200

MORE THAN R 30.00m

MORE THAN R 18.00m

LESS THAN 200

LESS THAN R 30.00m

LESS THAN R 18.00m

Manufacturing

MORE THAN 200

MORE THAN R 40.00m

MORE THAN R 15.00m

LESS THAN 200

LESS THAN R 40.00m

LESS THAN R 15.00m

Electricity, Gas and Water

MORE THAN 200

MORE THAN R 40.00m

MORE THAN R 15.00m

LESS THAN 200

LESS THAN R 40.00m

LESS THAN R 15.00m

Construction

MORE THAN 200

MORE THAN R 20.00m

MORE THAN R 4.00m

LESS THAN 200

LESS THAN R 20.00m

LESS THAN R 4.00m

Retail and Motor Trade and Repair Services

MORE THAN 100

MORE THAN R 30.00m

MORE THAN R 5.00m

LESS THAN 100

LESS THAN R 30.00m

LESS THAN R 5.00m

Wholesale Trade, Commercial Agents and Allied Services

MORE THAN 100

MORE THAN R 50.00m

MORE THAN R 8.00m

LESS THAN 100

LESS THAN R 50.00m

LESS THAN R 8.00m

Catering, Accommodation and other Trade

MORE THAN 100

MORE THAN R 10.00m

MORE THAN R 2.00m

LESS THAN 100

LESS THAN R 10.00m

LESS THAN R 2.00m

Transport, Storage and Communications

MORE THAN 100

MORE THAN R 20.00m

MORE THAN R 5.00m

LESS THAN 100

LESS THAN R 20.00m

LESS THAN R 5.00m

Finance and Business Services

MORE THAN 100

MORE THAN R 20.00m

MORE THAN R 4.00m

LESS THAN 100

LESS THAN R 20.00m

LESS THAN R 4.00m

Community, Social and Personal Services

MORE THAN 100

MORE THAN R 10.00m

MORE THAN R 5.00m

LESS THAN 100

LESS THAN R 10.00m

LESS THAN R 5.00m

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3. OWNERS/SHAREHOLDERS/PARTNERS/SOLE PROPRIETORS/TRUSTEES/BENEFICIARIES 3.1. List all persons who are OWNERS, PARTNERS, SOLE PROPRIETORS, TRUSTEES AND BENEFICIARIES (whichever is/are applicable) in the business/trust, who

are actively involved in the management thereof and who exercise control over the business/trust commensurate with their degree of ownership/interest. 3.2. PROOF OF DISABILITY PROVIDED BY A RECOGNISED RELATED INSTITUTION, IN THE CASE OF HANDICAPPED PERSONS, MUST BE SUPPLIED. 3.3. If insufficient space, kindly attach a copy/copies of this page to this ZNT 30, signed by the same person who signs on behalf of the business/trust on Page 10

hereof.

FULL NAME

ID NUMBER

SOUTH AFRICAN CITIZEN BEFORE 27 APRIL 1994 YES/NO

CAPACITY : MEMBER/PARTNER/ PROPRIETOR/SHARE-HOLDER/TRUSTEE/ BENEFICIARY

% OWNERSHIP/ PARTNERSHIP/TRUST/ CO-OPERATIVE

MALE/ FEMALE

HANDI- CAPPED YES/NO

AFRICAN (A) / COLOURED (C) /

INDIAN (I)

YOUTH YES/NO

% OF TIME DEVOTED TO THE FIRM

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4. CERTIFICATION OF CORRECTNESS OF INFORMATION SUPPLIED IN THIS DOCUMENT RELATING TO PREFERENCES THAT THE APPLICANT (BUSINESS) MAY APPLY FOR

I/WE, THE UNDERSIGNED, WHO WARRANTS THAT HE/SHE IS DULY AUTHORISED TO DO SO ON BEHALF OF THE BIDDER/SUPPLIER, CERTIFIES THAT THE INFORMATION SUPPLIED IN TERMS OF THIS DOCUMENT (ZNT 30) INCLUDING THE ANNEXURE/S WITH ADDITIONAL INFORMATION, IS CORRECT AND ACCURATE AND ACKNOWLEDGES THAT:

4.1 The bidder/supplier will be required to furnish documentary proof of the information relating to preferences points, if requested to do so.

4.2 If the information supplied is found to be incorrect then the Province may, in addition to any

remedies it may have: i. Disqualify the bidder/supplier/contractor for a particular bid/contract/project it may be considered

for, or which had been awarded to the supplier/contractor; ii. Recover from the bidder/supplier/contractor all costs, losses or damages incurred or sustained by

the Province as a result of the award of a contract; iii. Cancel the contract and claim any damages which the Province may suffer by having to make

less favourable arrangements after such cancellation; and/or iv. De-register the supplier registered on the Suppliers Database.

SIGNED ON THIS ............... DAY OF ……………………..……………… 20……………… AT…………………………………………………

…………………………………………………… BEFORE THE COMMISSIONER OF OATHS

........................................................................................................................................ ................................................................. SIGNATURE OF BIDDER/SUPPLIER OR DULY AUTHORISED REPRESENTATIVE ………………………………………………………………………………………………. NAME IN BLOCK LETTERS

SIGNED ON BEHALF OF (BIDDER/SUPPLIER’S NAME)...................................................

CRITERIA UTILISED FOR THE AWARDING OF PREFERENCE POINTS (Attached to the ZNT 30 for Information purposes only)

PREFERENCE POINT SYSTEM, EVALUATION OF BIDS, AWARDING OF CONTRACTS

PERTAINING TO BIDS NOT SCORING HIGHEST POINTS, CANCELLATION OF BID PROCESS AND RE-INVITATION OF BIDS

*Signed and affirmed, before me at .............................................. on this ......... day of …………………..................................... year............., by the deponent who has acknowledged that he/she knows and understands, the contents of this document, and he/she has acknowledged that he/she has no objection to affirming, that he/she regards the affirmation to be binding on his/her conscience. NB: Kindly initial each page in confirmation that the deponent understands the contents of the document and affirms that the information supplied is true and correct. …………………………………… COMMISSIONER OF OATHS FULL NAME: .......................................................................................................................................................................... BUSINESS ADDRESS: .......................................................................................................................................................... CAPACITY:..................................................................... AREA: ..........................................................................................

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1. Direct Preference Point System (80/20): Consideration of bids for the procurement of goods and services with an estimated value of R 30 000 up to R 500 000

(1) The following formula must be used to calculate the points for price in respect of bids /procurement

with a Rand value equal to or above R 30 000 and up to a Rand value of R 500 000.

Ps = 80 1- Pt- Pmin Pmin Where Ps = Points scored for price of bid under consideration Pt = Rand value of bid under consideration. Pmin = Rand value of lowest acceptable bid.

(2) A maximum of 20 preference points may be awarded to a bidder for achieving the following

specified goals.

Goal 1(a) Preference points may be allocated to an HDI woman; HDI disabled person or a youth, with reference to the formula below.

(i) 0.0333 x (Xt -25)

Where: Xt = the equity ownership of an entity under consideration, with respect to

HDI women, HDI disabled persons or youth, which must be determined in relation to total equity ownership of the bidder under consideration.

Points are therefore only allocated if the equity ownership of HDI women, HDI disabled persons or youth respectively, is greater than 25%.

(b) A maximum of 2.5 points in respect of each group may be allocated. Points may

therefore be allocated as follows:

(i) If HDI women equity ownership is 25% or more, 2.5 points may be allocated proportional to equity ownership.

(ii) If HDI disabled persons equity ownership is 25% or more, 2.5 points may be

allocated proportional to equity ownership.

(iii) If youth equity ownership is 25% or more, 2.5 points may be allocated proportional to equity ownership.

Points may be allocated cumulatively in respect of the above three groups under the relevant circumstances, as set out above.

Goal 2 : if the bidder is a black company with a minimum of 40% black equity ownership, 7.5 points must be allocated. (if black equity ownership is less than 40%, no points may be allocated). Goal 3 : If the bidder is a black co-operative with 100% black ownership, 2.5 points must be allocated. (If black ownership is less than 100%, no points may be allocated.) (3) The preference points scored by a bidder in respect of the goals contemplated in sub-paragraph

(2) must be added to the points scored for price.

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(4) Only the bid with the highest number of points scored may be selected.

A discussion and explanations regarding the application of the preference point system, is contained in Provincial Practice Note SCM 06 of 2006.

2. Contract Participation Goal System (90/10): Consideration of bids for the procurement of

goods and services with an estimated value above R 500 000. (1) The following formula must be used to calculate the points for price

in respect of bids/procurement with a Rand value above R 500 000:

Where

Ps = Points scored for price of bid under consideration Pt = Rand value of bid under consideration

P min = Rand value of lowest acceptable bid

(2) A maximum of 10 preference points may be awarded to a bidder for being an HDI and/or achieving specified goals and/or subcontracting with an HDI. The formula for the calculation of points for the contract participation goals are as follows:

(i) N = 10 (D – Ds) / (X – Ds) Where-

N = Points scored for achieving contract participation goal/s D = Tendered Participation Goal Ds = Minimum Participation Goal set by employer (10%) X = Participation Goal above which no further points are awarded (40%) (ii) A contractor may achieve his Contract Participation Goal Obligations as follows:

(a) By virtue of HDI status as a Prime Contractor. (b) By virtue of PPG status as a Prime Contractor.

(b) By virtue of joint venture status as a Prime Contractor. (c) By awarding/subcontracting to HDI‟s/PPG‟s (d) By awarding/subcontracting to joint ventures which have HDI/PPG partners.

(3) The preference points scored by a bidder in respect of the goals contemplated in sub-paragraph (2) must be added to the points scored for price. (4) Only the bid with the highest number of points scored may be selected.


3. Direct Preference Point System (80/20): Consideration of bids for the sale or letting of

assets with an estimated value of R 30 000 up to R 500 000.

PsPt P

P

90 1

min

min

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(1) The following formula must be used to calculate the points for price in respect of bids with

a Rand value equal to, or above R 30 000 and up to a Rand value of R 500 000 and which relate to the sale or letting of assets:

PsPt Ph

Ph

80 1

Where – Ps = Points scored for price of bid under consideration

Pt = Rand value of bid under consideration Ph = Rand value of highest acceptable bid

(2) A maximum of 20 preference points may be awarded to a bidder for achieving specified goals.

Goal 1(a) Preference points may be allocated to an HDI woman, HDI disabled person or a

youth, with reference to the formula below.

(i) 0.0333 x (Xt -25) Where: Xt = the equity ownership of an entity under consideration,

With respect to HDI women, HDI disabled persons or youth, which must be determined in relation to total equity ownership of the bidder under consideration,

Points are therefore only allocated if the equity ownership of HDI women, HDI disabled persons or youth respectively, is greater than 25%.

(b) A maximum of 2.5 points in respect of each group may be allocated. Points

may therefore be allocated as follows:

(i). If HDI women equity ownership is 25% or more, 2.5 points may be allocated proportional to equity ownership.

(ii). If HDI disabled persons equity ownership is 25% or more, 2.5 points may be

allocated proportional to equity ownership.

(iii). If youth equity ownership is 25% or more, 2.5 points may be allocated proportional to equity ownership.

Points may be allocated cumulatively in respect of the above three groups

under the relevant circumstances, as set out above.

Goal 2 : If the bidder is a black company with a minimum of 40% black equity ownership, 7.5 points must be allocated. (If black equity ownership is less than 40%, no points may be Allocated) Goal 3 : If the bidder is a black co-operative with 100% black ownership, 2.5 points must be allocated. (If black ownership is less than 100%, no points may be allocated.)

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Goal 4 : Entities which have a 100% PPG equity ownership will qualify for 2.5 points. (If PPG equity ownership is less than 100 %, no points may be allocated.)

(c) The preference points scored by a bidder in respect of the goals contemplated in sub-paragraph (2) must be added to the points scored for price.

(d) Only the bid with the highest number of points scored may be selected.


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6.) Schedule 2– Valid Tax Clearance Certificate/s for all entities of the Bid. In the case of a Joint venture agreement, each party to the JV must submit a tax clearance certificate separately.

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7.) Schedule 3 – Certified copies, where applicable: Notice of Registered Office and Postal Address of Company (CM 22), Contents of Register of Directors, Auditors and Officers (CM 29), Articles of Association, Memorandum of Association (CM 2), Certificate to Commence Business (CM 46), Founding statement (CK 1), Trust Deed, Constitution, Joint Venture/Consortium Agreements.

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8.) Schedule 4- Declaration of interest (SBD4). Please note that over and above

this declaration being completed by the authorized representative on Section E of the standard bid document, all other to the agreement must sign the declaration of interest and attach these as Schedule 4.

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9.) Schedule 5 - Where applicable, Audited Financial Statements for the last financial year, or financial reports from bidder‟s Accountants.

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10.) Schedule 6 – Bid entity profile indicating the holding company subsidiaries, percentage shareholding of subsidiaries, management participation, lead partners and equity ownership. Enclose curriculum vitae (with certified copies of relevant qualifications and identity documents), of all directors, members, trustees, partners and owners in respect of the bid entity including joint venture entities, together with a schedule reflecting the number of all government bids secured by the bid entity and/or their individual directors, members, trustees and partners. Bidders are to submit with their bid documents, examples of recruitment advertisements handled by their agencies. Five (at the most) copies of such advertisements should be submitted.

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11.) Schedule 7 - Reference - a schedule reflecting the number, nature, value and duration of all government bids secured by the bid entity and/or their individual directors, members, trustees and partners. Bidders are to submit with their bid documents, examples of recruitment advertisements handled by their agencies by their agencies.

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12.) Schedule 8 – Authority to sign a bid (Please note that with the exception of a Sole Proprietor, the resolution to sign the bid passed by members, Board of Directors or partners, trustees and co-operatives must be furnished.)

(i)If a Bidder is a company, a certified copy of the resolution by the board of directors, personally signed by the chairperson of the board, authorised the person who signs this bid to do so, as well as to sign any bid resulting from this bid and any other documents and correspondence in connection with this bid and / or contract on behalf of the company must be submitted with this bid, that is before the closing time and date of the bid.

(ii) In case of a close corporation submitted a bid, a certified copy of the Founding Statement of such corporation shall be included with the bid, together with the resolution by its members authorising a member or other official of the corporation to sign the documents on their behalf.

(iii) A certified copy of the Constitution of the co-operative must be included with the bid, together with the resolution by its members authoring a member or other official of the co-operative to sign the bid documents on their behalf.

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13.) Schedule 9 – Company Details- In case of JV/Consortium complete separately for each Entity.

Company Details Lead partner/s and each member of the JV, if applicable, is to be submitted separately Name of Company: ______________________________________ Name of Director in charge and the contact numbers during the tender stage for Correspondence progress: ______________________________________ Year in which the company was established: ______________________________________ Company registration number: ______________________________________ Ownership (e.g. private, public, etc): ______________________________________ List names of principal shareholders: ______________________________________ VAT Registration Number: ______________________________________ PAYE Registration Number: ______________________________________ UIF number: ______________________________________ Income Tax Number: ______________________________________ Tax Clearance Certificate available (yes/no): ______________________________________ Telephone Numbers: ______________________________________ Fax Numbers: ______________________________________ E-mail Address: ______________________________________ Postal Address: Physical Address: __________________________ ______________________________________ __________________________ ______________________________________ __________________________ ______________________________________

………………………………………………………….. SURNAME AND INITIALS OF REPRESENTATIVE ………………………… SIGNATURE ……………………… DATE


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14.) Schedule 10- Banking Details.

Banking Details Must be filled in by the banking institution or a letter from the bank letterhead or an original bank stamp to be furnished on this form. A Cancelled cheque must be submitted. In case of JV/Consortium each Entity must submit separately. Name of Financial Institution : _______________________________________________________ Account Number : _______________________________________________________ Branch Name : _______________________________________________________ Branch Code : _______________________________________________________ Account Type : ________________________________________________________ Contact Person : ___________________________________________________ Telephone Number : _________________________________________________________ Fax Number : _________________________________________________________ NB: Applicants to submit confirmation letter from the banking institution confirming the above

details and a cancelled cheque (not a copy thereof). ………………………………………………………….. SURNAME AND INITIALS OF REPRESENTATIVE ………………………… SIGNATURE ……………………… DATE


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15.) Schedule 11 - Cancelled Cheque (not a copy thereof). A cancelled cheque must be submitted. In case of JV each Entity must submit separately.

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16.) Schedule 12 - PRICE PAGE

Price according to these deliverables

Deliverable : Phase 1 Total Price

Needs Analysis Report

Options Anaylsis and Output Specification Report

Due Diligence Report

Value For Money and Affordability

Feasibility Study for Treasury Approval 1

Sub-Total

14% VAT

Grand Total


Deliverable : Phase 2 Total Price

Request For Qualification (RFQ)

Request For Proposal (RFP): TA2A

Evaluating of Bids and Value for Money Report:TA2B

Negotiations and Treasury Aprroval 3

Financial Close and Close-out Report

Sub-Total

14% VAT

Grand Total


All totals (sub-totals, vat and grand totals) must be transferred to Section F of this document.



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17.) Schedule 13.

Financial report on bank‟s official letterhead Your ref : ____________________________________________________________ Date of Report : ____________________________________________________________ Bank : ____________________________________________________________ Fax Number : ____________________________________________________________ Account Name : ____________________________________________________________ Account Number : ____________________________________________________________ Date Account Opened : ____________________________________________________________ Satisfactory account conducted in our books

Unsatisfactory account conducted in books

No dishonours are recorded

Dishonours on record. Date of the last dishonour _______________________________________

Considered good for normal business engagements

No financial information held Code “____________________” for R ______________ X ________________ months/days/OA/By way of business/Guarantor/Ongoing Other Comments: ____________________________________________________________________ ___________________________________________________________________________________

SIGNED BY MANAGER OR AUTHORISED PERSON OF BANK CONCERNED Note: 1. A letter from the financial institution confirming the bank account status of the bidder is also

acceptable 2. In the case of a Joint Venture agreement each party to the JV must submit this schedule

separately. ………………………………………………………….. SURNAME AND INITIALS OF REPRESENTATIVE ………………………… SIGNATURE ……………………… DATE


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18.) Schedule 14.

Key Personnel Please identify the key personnel including Graphic Design, supported by their respective Curriculum Vitae, to be used for the management of the project if bid is successful.

Designation

Name

Age

Years of Experience

Period with Company

Highest Contract Value handled

e.g. Project Director, Contracts Manager, etc. ………………………………………………………….. SURNAME AND INITIALS OF REPRESENTATIVE ………………………… SIGNATURE ……………………… DATE


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19.) Schedule 15.

Certificate of Compliance with Tender Documentation It is certified that I/We ___________________________________________________________

1) have read through and fully understood all the requirements of the Tender Documents and any other associated documents.

2) am/are willing to submit the Tender based on all the Conditions of Contract, as described, and shall comply

with all the terms and conditions of this Contract, as well as provide all annexures and schedules stipulated.

3) have witnessed the demographics of the Province and studied requirements and acknowledged all restrictions, etc thereto.

4) acknowledge, understand and confirm full acceptance of the specification incorporated in this Tender

document, and that failure to comply with the submission of a completed bid document as well as failure to submit all relevant Annexures and Schedules will result in the immediate disqualification of the bid submitted.

SIGNATURE : _________________________________________________________ DATE : _________________________________________________________ NAME IN BLOCK LETTERS : _________________________________________________________ (Duly authorized) DESIGNATION : _________________________________________________________ WITNESS : _________________________________________________________ For and on behalf of NAME OF FIRM : _________________________________________________________ ADDRESS : _________________________________________________________ : _________________________________________________________ : _________________________________________________________



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20.) Schedule 16. Schedule of Newspapers and contact details that the bidding entity have been utilizing and copies of advert done recently.

NAME PHYSICAL ADDRESS CONTACT DETAILS ZNT NO. TYPE OF SERVICE TO BE RENDERED IN THIS BID



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21.) Schedule17. CURRICULUM VITAE TEMPLATE Below is the Curriculum Vitae format as required by the department

Proposed role in the project:

1. Family name

2. First name:

3. Date of birth:

4. Nationality

5. Education

Institution

(Date from - Date to)

Degree(s) or Diploma(s) obtained and attached cert copies

6. Membership of professional

bodies

7. Other skills (e.g. computer

literacy, etc.)

8. Present position:

9. Present Organisationr:

(Name of Company/

Employer)

10. Years within the

organisation:

11. Key qualifications (relevant

to the project)

12. Professional experience

Date

(From – To) (mm/yy)

Organisation

Location

Position

Description of duties

Reference: Name

Position

Contact Details Tel

Cell

e-mail

Date

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Organisation

Location

Position


Reference: Name

Position

Contact Details Tel

Cell

e-mail

Date


Organisation

Location

Position


Reference: Name

Position

Contact Details Tel

Cell

e-mail

Date


Organisation

Location

Position


Reference: Name

Position

Contact Details Tel

Cell

e-mail

Date


Organisation

Location

Position


Reference: Name

Position

Contact Details Tel

Cell

e-mail

13. Other relevant information

(e.g. Publications)