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W&RSETA Supplier Database Registration Document
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APPLICATION FORM FOR REGISTRATION ON THE W&RSETA SUPPLIER DATABASE
Province (Only one province may be indicated per submission) (Mandatory Field )
Name of Province:
Company / Entity Details
Trading Name
Legal Name
Main Contact Details
Name and Surname
Telephone Number
Cellular Phone Number
Fax Number
e-mail address
Sales Contact Details
Name and Surname
Telephone Number
Cellular Phone Number
Fax Number
e-mail address
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SUPPLIER DATABASE SUBMISSION
The W&RSETA invites prospective service providers to register on the W&RSETA supplier database. It is envisaged,
that this database will contribute towards the availability of sufficient suppliers for the procurement of goods and
services in compliance with the PFMA.
The award of business to providers will be subject to the General Conditions of Contract issued in accordance with
Treasury Regulation 16A published in terms of the Public Finance Management Act, 1999 (Act 1 of 1999).Where,
however, the Special Conditions of Contract are in conflict with the General Conditions of Contract, the Special
Conditions of Contract prevail
The purpose of this database is to give all prospective suppliers an equal opportunity to complete fairly in
satisfying the W&RSETA requirements.
Procurement of all goods and services are centralised and managed by the Supply Chain Management (SCM)
Department based at our Head Office in Centurion.
W&RSETA Head Office and Regional Office details:
Region Physical Address Contact Details
Head Office Riverside office park, Hennops House, 1303 Heuwel
Avenue, Cnr. Lenchen South and Heuwel Avenue,
Centurion
P. O. Box 9809, Centurion, 0046
Tel: 012 622 9500
Eastern Cape 18 Surrey Road, Vincent, East London, 5247
Tel: 043 726 3281
Free State First Floor, 200 Nelson Mandela Building, Cnr. Nobel and
Nelson Mandela Streets, Bloemfontein
P. O. Box 1419, Bloemfontein, 9300
Tel: 051 444 0766
Gauteng North Ground Floor, Block B, 1267 Pretorius Street, Hatefield
Office Park, Hatfield, Pretoria
P. O. Box 14780, Hatfield, 0028
Tel: 012 430 4930
Gauteng South Building 18, Ground Floor, Woodlands Office Park, Western
Service Road, Woodmead
P. O. Box 633, Wendywood, 2144
Tel: 011 656 0085
Kwazulu Natal Office 102B, 1st Floor Clifton Place,, 19 Hurst Grove,
Musgrave, Durban
P. O. Box 18473, Dallbridge, 4014
Tel: 031 277 0500
Limpopo FNB Building, Cnr. Jorrisen and Hans van Rensburg Street,
Polokwane
P. O. Box 1674, Plokwane, 0700
Tel: 015 291 2237
Mpumalanga 202 Parkmed Building, 64 Mandela Street, Emalahleni
P. O. Box 17717, Emalahleni, 1035
Tel: 013 690 1214
Northern Cape Shop 16b, Flaxley House, 24-28 Du Toitspan Road,
Kimberley
Tel: 053 831 4117
North West 49 Heysteck Street, Office no 9, Rustenburg
Postnet Suite 843, Private Bag X82329, Rustenburg, 0299
Tel: 014 592 0483
Western Cape 3rd
Floor, Old Warehouse Building, Black River Park, Fir
Road, Observatory
P. O. Box 13913, Mowbray, 7705
Tel: 021 442 6700
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N.B: The Supplier Database registration schedule for 2013/2014
Initial Submission Date
Application for Registration 30 May 2014
Quarterly Submissions Date
1st Quarter Submission Date 30 September 2014
2nd
Quarter Submission Date 30 March 2015
All submission is to reach the W&RSETA Head Office before closure of business on the stipulated closing date.
W&RSETA official hours are between 8:00 am to17:00 pm from Mondays to Thursday and 08:00 am to 16:00 on
Fridays.
REQUIRED DOCUMENTATION AND EVALUATION CRITERIA:
No Description Special Instruction
1
Instructions for completion To be completed in full
2
Products and services Select applicable services that can be supplied or rendered.
Maximum of 5 product/ services to
be selected
3
Vendor Information Form To be completed in full
4
Declaration of interest To be completed in full
5
Tax clearance requirements Valid original tax clearance certificate must be submitted. Where
partnerships, Consortia / Joint Ventures / Sub-contractors are
involved each party must submit a separate Tax Clearance
Certificate.
6
BBBEE Rating certificate A valid BBBEE rating certificate must be submitted. Where
partnerships, Consortia / Joint Ventures / Sub-contractors are
involved each party must submit a separate BBBEE rating
Certificate
7
Preference point claim form To be completed in full
8
General conditions of contract Each page must be initialled
9
Company profile and shareholding
certificate
Attached to registration document
10
Individual/partners/shareholders/members
ID copies
Attached to registration document
11
For Consultancy/professional Services:
Updated copies of CV’s
Attached to registration document
12
Updated Registration with the relevant
applicable professional bodies/
certification
Attached to registration document
13
Banking details, copy of last 3 month bank
statement, proof of business physical
address and copy of ID document
Attached to registration document
14
Price list (all product and services listed) Attached to registration document
15 Company banking details on bank letter Attached to registration document
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Failure to comply with all of the above criteria and completion of the forms as required, as well as submission of
supporting documentation will result in the application being disqualified.
Kindly note, for each service selected a list of three (3) contactable references and the value of past three years
services rendered must be submitted. Please use the following format:
Product /
Service Type
Name or organisation
that services were
rendered
Contact Person Contact Numbers Value of Service
Service Providers will only have an opportunity to apply for registration of a maximum of 5 product/ service
categories.
Company profiles, leaflets and brochures are also welcomed.
INSTRUCTIONS FOR COMPLETION (Please read carefully)
Please clearly mark envelopes with the title “2014/2015 Supplier Database Registration”, addressed to "The
Executive Manager SCM” at: Riverside Office Park, 1303 Heuwel Avenue, Corner Heuwel and Lenchen South
Avenue, Hennops House, Centurion, 0046
The front cover of the submission must clearly state the specific province for which the registration is applicable
to.
The service/s for which the organisation would like to be registered must be marked by putting a cross (x) in the
“applicable” column in the list of services hereunder.
The next Supplier Database publication will only occur in the Government Tender Bulletin.
Queries
All queries must be in writing and addressed to the Executive Manager SCM at [email protected]
or Faxed to 086 506 6988/ 6986 with the subject heading:
Supplier Database 2014/2015
No telephonic queries will be responded to.
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Division Product / Services Description Submission Requirement Applicable
Marketing and
Communication
Advertising and advertising related services Portfolio of services and client contactable references
Corporate Clothing
Corporate Gifts (including promotional items)
Framing
Design and layout of publications
Editorial Services
Event Management
Media Services
Multimedia and related products and services
Printing
Sound and lighting control
Web design and Update
Copy Writing
Translation Services
Media Monitoring
DVD Production
Filming and production related services
Communication and public relations services
Branding and corporate identity
Photographic services
Career Guides Knowledge and experience in developing career guides for
various audiences using various forms of media
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Division Product / Services Description Submission Requirement Applicable
Information
Technology
IT Hardware / Software Maintenance and repair N/A
IT Hardware distributors (PC’s, Notebooks, Printer, servers, backup
devices etc.)
IT Software: Microsoft software packages: software (Office, Visio,
Project etc. Licences software packages (Commercial of the shelve
software, antivirus)
Network Cabling (IT, data and voice)
UPS vendors and maintenance
Data Backup Services
Telephony (including fax related services)
Software development
Research Development of Learning Material Experience and Expertise in the development of learning
material
Research Project Management Submit proof of experience in managing research projects
Research Services Submit proof of research services completed
Economic Research Knowledge and experience of conducting projects in Sector
Skills Planning, Labour Market Analysis and Skills
Forecasting
Social Research Knowledge and experience of research projects in Skills
Development arena minimum 3 years’ experience
Sector Specific Research Knowledge and experience of conducting projects in the W&R
Sector, minimum 2 years’ experience
Impact Evaluation Knowledge and experience in development, execution and
reporting of impact evaluations. Proof of a minimum 3 impact
evaluation completed
ISO 9001:2008 auditing Registered SABS ISO 9001:2008 auditors
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Division Product / Services Description Submission Requirement Applicable
ETQA Moderation (organisation) Competence in the relevant unit standard
Moderation (Individual)
Monitoring and evaluation of programmes
Verification
Assessment Competence in the relevant unit standard(s) and
registration with ETDPSETA
Certification partners Prior experience in SAQA regulated certification
processes
Facilitate Qualifications Development Expect knowledge on QCTO qualifications development
requirements
SCM Catering for less than 5 people with less than 24 hour notice Catering for various dietary requirements (e.g. halaal,
vegetarian, vegan and kosher)
Catering for more than 5 people
Crockery and appliances N/A
Stationery (including photocopy paper excluding computer
consumables)
Groceries (including cleaning material)
Computer consumables (including toners, printer cartridges,
drum kits etc.)
Long term and short term insurance
Alarm System
Access Control Systems
CCTV Systems
Arm Response
Maintenance contract for existing water purifying dispensers
Flower and flower delivery services Portfolio of services and clients
Office Deco Services
Office Furniture
Office Maintenance
Pest control services
Renovations and Restoration Services
Driver (Casual and Part time)
Messenger and Delivery Services
Courier Services
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Fire Systems
Division Product / Services Description Submission Requirement Applicable
SCM Electrical Services
General Repair Services
Removal Companies
Security Services Registration with the relevant national body
Document Archived/ Corporate Offsite Storage Electronic storage facilities (e.g. scanned documents)
Human Resource Office Admin Training Accreditation with an ETQA
Assessor training
Moderator Training
SDF Training
Mentoring Training
First Aid Training
Occupational Health and Safety Training
Policy Development Training
Soft Skills Training
Performance Management Training
Workplace Forum Training
Customer Service Training
Management Development Training
Project Management Training (Including Contract
Management)
Project Management for Administrators
Managing ETD intervention Training
Qualification Development Training
Coaching Training
Business Report Writing and Communication Training
Receptionist Training and Office Etiquette
Assertiveness Training
Typing Tutor
Supervisory Training
Learning material evaluators
Leadership Development Training
Financial Literacy and Management Training
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Problem Solving and decision Making Program
Human Resources Monitoring and Evaluation Program
Travel and Leisure Services Accreditation with an ETQA
Emotional Intelligence (EQ)
Talent Management and Retention Program
Risk Management Training
Job Evaluation and Job Grading Consultants Portfolio of services and clients
Labour Evaluation Consultants/ Industrial Relations Specialists
Organisational Development Specialists
Recruitment, Selection and Placement Agencies
Credit Record Checking and Qualifications Verifications
Business Process and Analyst specialists
Payroll Outsourcing/ VIP specialists (Premier version)
Response Handling (Recruitment and Selection)
Employee Assistance Program Services
Debt Counselling Services
Motivational Speakers and Public Speaking Services
Strategic Planning Facilitation and Training
Teambuilding and Coaching
Dispute resolution experts
Employment Equity and Skills Development Training
Facilitation Services
Remuneration Benchmarking Services
Recording Services
Transcription Services
Competency Assessment Consultants/ Psychometric Testing Portfolio of services and clients registered with HPCSA
Wellness Program Services (including professional services to
address: Psychological Financial; Physical and Social wellness)
Human Resource General Legal Services SETA Knowledge, minimum 3 years’ experience in
public sector legal services, labour law experience
Litigation
Conciliation, Mitigation and Arbitration,
Contract Drafting SETA Knowledge, minimum 3 years’ experience in
public sector legal services, labour law experience
Mentors for small businesses Experience and expertise in mentorship and small
business development
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Consultant Services Sector Liaison Officers
Verification and monitoring of implementation of learning
programmes
Proof of experience and contactable references
Independent Skills Development Facilitators
Assist SMME W&R Stakeholders with completion and
submission of WSP/ ATRs
Quality Assuror
Quality Assurance of learning programmes
Project Management of ETD Projects
External Moderation of learning programmes
Developing of Monitoring and Evaluation Tool
Quality Management System
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3. VENDOR INFORMATION FORM
Please complete this document accurately as the information contained herein is required for the following purposes:
To support W&RSETA in the implementation of a system of preferences as required by the Preferential
Procurement Policy Framework Act (No 5 of 2000).
Failure to complete the form in full may result in the supplier not being considered for the awarding of any
orders or contracts by the W&RSETA.
PLEASE COMPLETE ALL PAGES.
ORGANISATIONAL DETAIL (Mandatory Field)
Organisation Trading Name
Postal Address Physical Address
Participation Capacity (please tick one
Consultancy Supplier Consortium Joint Venture
Other
(Please specify)
Type of Organisation (Please tick one)
Sole Trade Partnership Close Corporation (Pty) Ltd
Ltd Section 21 Public entity
Organisational Classification Detail
Principle Business activities
Business Sector
Number of years the organisation has been in
business
Total number of employees
The financial manager/ external auditor/ CEO/Accounting Officer (whichever is relevant to your type of
business) needs to confirm the following:
The business/entity is:
(Please indicate on each of these.
Failure to do so may invalidate your Supplier Database registration)
Yes
No
A going concern
In a sound financial condition
Have the financial and operational capacity to fulfil the contract requirements
Full Name: _____________________________ Signature: _________________________
Capacity: _______________________________
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4. DECLARATION OF INTEREST
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 to offers in terms of this invitation
to bid (includes a price quotation, advertised competitive bid, limited bid proposals). 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 supplier or his/ her authorised
representation declare his/ her position in relation to the evaluating/ adjudicating authority where-
the supplier is employed by the state; and/ or
legal person on whose behalf the supplier 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 declaration 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 supplier or his or her representative
2.2. Identity Number
2.3. Position occupied in the Company
(Director, Trustee, Shareholder)
2.4. Company Registration Number
2.5. Tax Reference Number
2.6. VAT Registration Number
2.6.1. The names of all directors/ trustees/ shareholders/ members, their individual identity numbers, tax reference
numbers and, if applicable, employees/ persal number must be indicated in paragraph 3 below.
“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 municipal or municipal entity;
(c) Provincial legislature;
(d) National Assembly or the national provinces; or
(e) Parliament
“Shareholder” means a person who owns share in the company and is actively involved in the management of the
enterprise or business and exercises control over the enterprise
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Item Question Yes No
2.7
Are you, or any person connected with the supplier presently employed
by the state? Yes
No
2.7.1
If so, furnish particulars:
Name of the person/ director/ trustee/ shareholder/ member
Name of state institution at which you or the person connected to the
supplier is employed
Position occupied in the state institution
Any other particulars:
2.7.2
If you are presently employed by the state, did you obtain the appropriate
authority to undertake remunerative work outside employment in the
public sector?
Yes
No
2.7.2.1.
If yes, did you attach proof of such authority to the bid document?
(Note: Failure to submit proof of such authority, where applicable, may result in the disqualification
of the bid)
2.7.2.2
If so, furnish reasons for non-submission of such proof:
2.8
Did you or your spouse or any of the company’s directors/ trustees/
shareholders/ members or their spouses conduct business with the state
in the previous twelve months?
Yes
No
2.8.1
If so, furnish particulars:
2.9
Do you, or any person connected with the supplier, 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 supplier, aware of any
relationship (family, friend, other) between any other supplier and any
person employed by the state who may be involved with the evaluation
and/ or adjudication of this bid?
Yes
No
2.10.1
If so, furnish particulars
2.11
Do you or any of the directors/ trustees/ 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
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3. Full details of directors/ trustees/ members/ shareholders
Full Name
Identity Number
Personal TAX Ref: Number
State Employee Number
DECLARATION
I THE UNDERSIGNED (NAME) _______________________________________________
CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPHS 2 AND 3 ABOVE IS CORRECT. I
ACCEPT THAT THE STATE MAY REJECT OR ACT AGAINST ME IN TERMS OF PARAGRAPH 23 OF THE
GENERAL CONDITIONS OF CONTRACT SHOULD THIS DECLARATION PROVIE TO BE FALSE.
_________________________ _________________
Signature Date
_________________________ _________________
Position Name of Supplier
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5. DECLARATION OF PAST SCM Practices
This Standard Bidding Document must form part of all proposals/ quotations invited
1. This Standard Bidding Document must form part of all proposals/ quotation invited
2. It serves as a declaration to be used by institutions in ensuring that when goods and services are being procured,
all reasonable steps are taken to combat the abuse of the supply chain management system
3. The bid of any supplier may be disregarded if that supplier, or any of it’s directors have
a. Abused the institution’s supply chain management system
b. Committed fraud or any improper conduct in relation to such system; or
c. Failed to perform to 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 supplier 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 rule was
applied)
Y
e
s
N
o
4.1.1. If so, furnish particulars:
4.2. Is the supplier or any of it’s 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)
Y
e
s
N
o
4.2.1. If so, furnish particulars:
4.3 Was the supplier 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?
Y
e
s
N
o
4.3.1. If so, furnish particulars:
4.4. Was any contract between the supplier and any organ of state terminated during
the past five years on account of failure to perform
Y
e
s
N
o
4.4.1 If so, furnish particulars:
I, the undersigned (Full name) ___________________________________certify that the information furnished in
this declaration for is true and correct. I accept that, in addition to the cancellation of a contract, action may be
taken against me should this declaration prove to be false.
Signature: ___________________________ Position: ___________________________
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6. PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT
REGULATIONS 2011
GENERAL CONDITIONS AND DEFINITIONS
80/20 RULE: Estimated Value up to R1, 000, 000 per Incident
NB: BEFORE COMPLETING RELEVANT CLAIM FORMS, SUPPLIERS MUST
CAREFULLY STUDY THE GENERAL CONDITIONS AND DEFINITIONS
1. GENERAL CONDITIONS
1.1 The preference point system is applicable to all Supplier Database registrations.
1.2 Failure on the part of a supplier to complete and sign a claim form may be interpreted to mean that
preference points are not claimed.
1.3 W&RSETA reserves the right to require of a supplier, that he/she should substantiate any claim, in any
manner required by W&RSETA.
2. GENERAL DEFINITIONS
The defined works and expressions commencing with capital letters, shall have the meanings hereby
assigned to them unless such meanings are inconsistent with the context of a particular tender or contract:
2.1 “Act” means the Preferential Procurement Framework Act, 2000 (Act No 5 of 2000);
2.2 “all applicable taxes” includes value- added tax, pay as you earn, income tax, unemployment insurance
fund contributions and skills development levies;
2.3 Agent” means a person mandated by another person (“the principal”) to do business for an on behalf of, or
to represent in a business transaction, the principal, and thereby acquire rights for the principal against
W&RSETA and incur obligations binding the principal in favour of W&RSETA;
2.4 “B-BBEE” means broad- based black economic empowerment as defined in section 1 of the Broad-Based
Black Economic Empowerment Act;
2.5 “B-BBEE status level contributor” means the B-BBEE status received by a measured entity based on its
overall performance using the relevant scorecard contained in the Codes of Good Practice on Black
Economic Empowerment, issued in terms of section 9(1) of the Broad-Based Black Economic
Empowerment Act;
2.6 “Broad- Based Black Economic Empowerment Act” means the Broad- Based Black Economic
Empowerment Act, 2003 (Act no.53 of 2003);
2.7 “Comparative price” means the price after the factors of a non-firm price and all unconditional discounts
that can be utilised have been taken into consideration;
2.8 “Consortium or Joint Venture” means an association of persons for the purpose of combining their
expertise, property, capital, efforts, skill and knowledge in an activity for the execution of a contract;
2.9 “Contract” means the agreement that results from the acceptance of a tender by W&RSETA;
2.10 “Disability” means, in respect of a person, a 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;
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2.11 “Firm price” is the price that is only subject to adjustments in accordance with the actual increase or
decrease resulting from the change, imposition, or abolition of customs or excise duty and other duty, levy,
or tax which, in terms of a law or regulation is binding on the contractor and demonstrably has an influence
on the price of any supplies, or the rendering costs of any service, for the execution of the contract;
2.12 “Historically Disadvantaged Individual (HDI)” means a South African citizen –
2.12.1 who has 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
2.12.2 who is a female; and/or
2.12.3 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 an HDI.
2.13 “Management” in relation to an enterprise or business, 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 the
person may be designated.
2.14 “Non firm prices” means all prices other than “firm” prices.
2.15 “Person” includes reference to a juristic person.
2.16 “Rand value” means the total estimated value of a contract in Rand denomination which is calculated at the
time of tender invitations and includes all applicable taxes and excise duties.
2.17 “Small, Medium and Micro Enterprises (SMME’s)” bears the same meaning assigned to this expression
in the National Small Business Act, 1996 (Act No 102 of 1996).
2.18 “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.
2.19 “stipulated minimum threshold” means that portion of local production and content as determined by the
Department of Trade and Industry
2.20 “Tender” means a written offer or Supplier Database registration in a prescribed or stipulated form in
response to an invitation by an organ of state for the provision of services or goods.
2.21 “Trust” means the arrangement through which the property of one person is made over or bequeathed to a
trustee to administer such property for the benefit of another person.
2.22 “Trustee” means any person, including the founder of a trust, to whom property is bequeathed in order for
such property to be administered for the benefit of another person.
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THE 80/20 PREFERENCE POINT SYSTEM FOR ACQUISITION OF SERVICE, WORKS OR
GOODS UP TO A RAND VALUE OF R1, 000, 000
1. (a) The following formula must be used to calculate the points for price in respect of proposals (including
price quotations) with a Rand value equal to, or above R30, 000 and up to a Rand value of R1, 000, 000 (all
applicable taxes included):
min
min180
P
PPtPs
Where
Ps Points scored for competitive price of proposal or offer under consideration
Pt Comparative price of proposal or offer under consideration; and
Pmin Competitive price of lowest acceptable proposal or offer
(b) Organs of state may apply the formula in paragraph (a) for price quotations with a value less than
R30, 000, if and when appropriate
2. Subject to sub-regulation (3), points must be awarded to a tenderer for attaining the
B-BBEE status level contributor in accordance with the table below.
B_BBEE Status Level of Contributor Number of Points
1 20
2 18
3 16
4 12
5 8
6 6
7 4
8 2
Non-compliant contributor 0
3. A maximum of 20 points may be allocated in accordance with sub-regulation (2)
4. The points scored by a provider in respect ot B-BBEE contribution contemplated in sub-regulation (2) must
be added to the points scored for price as calculated in accordance with sub-regulation (1)
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CERTIFICATE OF INDEPENDENT BID DETERMINATION
1 This Standard Bidding Document (SBD) must form part of all bids¹ invited.
2 Section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998, as amended, prohibits an agreement between,
or concerted practice by, firms, or a decision by an association of firms, if it is between parties in a
horizontal relationship and if it involves collusive bidding (or bid rigging).² Collusive bidding is a pe se
prohibition meaning that it cannot be justified under any grounds.
3 Treasury Regulation 16A9 prescribes that accounting officers and accounting authorities must take all
reasonable steps to prevent abuse of the supply chain management system and authorizes accounting officers
and accounting authorities to:
a. disregard the bid of any supplier if that supplier, or any of its directors have abused the institution’s
supply chain management system and or committed fraud or any other improper conduct in relation
to such system.
b. cancel a contract awarded to a supplier of goods and services if the supplier committed any corrupt or
fraudulent act during the bidding process or the execution of that contract.
4 This SBD serves as a certificate of declaration that would be used by institutions to ensure that, when bids are
considered, reasonable steps are taken to prevent any form of bid-rigging.
5 In order to give effect to the above, the attached Certificate of Bid Determination (SBD 9) must be completed
and submitted with the bid:
¹ Includes price quotations, advertised competitive bids, limited bids and proposals.
² Bid rigging (or collusive bidding) occurs when businesses, that would otherwise be expected to compete,
secretly conspire to raise prices or lower the quality of goods and / or services for purchasers who wish to
acquire goods and / or services through a bidding process. Bid rigging is, therefore, an agreement between
competitors not to compete.
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CERTIFICATE OF INDEPENDENT BID DETERMINATION
I, the undersigned, in submitting the accompanying registration:
________________________________________________________________________
(Description)
in response to the invitation for the bid made by:
______________________________________________________________________________
(Name of Institution)
do hereby make the following statements that I certify to be true and complete in every respect:
I certify, on behalf of: _______________________________________________________that:
(Name of Supplier)
1. I have read and I understand the contents of this Certificate;
2. I understand that the accompanying bid will be disqualified if this Certificate is found not to be true and
complete in every respect;
3. I am authorized by the supplier to sign this Certificate, and to submit the accompanying bid, on behalf of the
supplier;
4. Each person whose signature appears on the accompanying bid has been authorized by the supplier to determine
the terms of, and to sign the bid, on behalf of the supplier;
5. For the purposes of this Certificate and the accompanying bid, I understand that the word “competitor” shall
include any individual or organization, other than the supplier, whether or not affiliated with the supplier,
who:
(a) has been requested to submit a bid in response to this bid invitation;
(b) could potentially submit a bid in response to this bid invitation, based on their qualifications,
abilities or experience; and
(c) provides the same goods and services as the supplier and/or is in the same line of business
as the supplier
6. The supplier has arrived at the accompanying bid independently from, and without consultation,
communication, agreement or arrangement with any competitor. However communication between partners in
a joint venture or consortium³ will not be construed as collusive bidding.
7. In particular, without limiting the generality of paragraphs 6 above, there has been no consultation,
communication, agreement or arrangement with any competitor regarding:
(a) prices;
(b) geographical area where product or service will be rendered (market allocation)
(c) methods, factors or formulas used to calculate prices;
(d) the intention or decision to submit or not to submit, a bid;
(e) the submission of a bid which does not meet the specifications and conditions of the bid; or
(f) bidding with the intention not to win the bid.
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8. In addition, there have been no consultations, communications, agreements or arrangements with any
competitor regarding the quality, quantity, specifications and conditions or delivery particulars of the products
or services to which this bid invitation relates.
9. The terms of the accompanying bid have not been, and will not be, disclosed by the supplier, directly or
indirectly, to any competitor, prior to the date and time of the official bid opening or of the awarding of the
contract.
³ Joint venture or Consortium means an association of persons for the purpose of combining their expertise,
property, capital, efforts, skill and knowledge in an activity for the execution of a contract.
10. I am aware that, in addition and without prejudice to any other remedy provided to combat any restrictive
practices related to bids and contracts, bids that are suspicious will be reported to the Competition
Commission for investigation and possible imposition of administrative penalties in terms of section 59 of the
Competition Act No 89 of 1998 and or may be reported to the National Prosecuting Authority (NPA) for
criminal investigation and or may be restricted from conducting business with the public sector for a period
not exceeding ten (10) years in terms of the Prevention and Combating of Corrupt Activities Act No 12 of
2004 or any other applicable legislation.
_______________________________ _______________________________
Signature Date
________________________________ ________________________________
Position Name of Supplier