NATIONAL STUDENT FINANCIAL AID SCHEDME (NSFAS) BID No: SCMN014/2015 REQUEST FOR PORPOSALS CORPORATE TRAVEL MANAGEMENT DURATION: 3 YEARS.

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1 NATIONAL STUDENT FINANCIAL AID SCHEME (NSFAS) BID No: SCMN014/2015 REQUEST FOR PORPOSALS CORPORATE TRAVEL MANAGEMENT DURATION: 3 YEARS Issued by: NATIONAL STUDENT FINANCIAL AID SCHEDME (NSFAS) 2nd Floor House Vincent Wynberg Mews 10 Brodie Road Wynberg Cape Town Full Name of Bidding/Tendering Entity: Contact Person: Tel Number: Advert Date: 23 October 2015 Briefing Session: Venue: Closing Date and Time: 2 November 11 AM 2nd Floor House Vincent, Wynberg Mews 10 Brodie Road, Wynberg, Cape Town 24 November 11h00 AM Bidder s Authorised Signatory: Initials and Surname: Signature: Please indicate whether it is the original or copy, tick the applicable block ORIGINAL COPY NR:

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3 Bid No: SCMN014/2015 Glossary GLOSSARY Award Conclusion of the procurement process and final notification to the successful bidder B-BBEE Broad-based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003) and the Codes of Good Practice issued thereunder by the Department of Trade and Industry Bid Contractor Core Team DTI EME NSFAS GCC Original Bid Written offer in a prescribed or stipulated form in response to an invitation by NSFAS for the provision of goods, works or services Organization with whom NSFAS will conclude a contract and potential service level agreement subsequent to the final award of the contract based on this Request for Bid Team members who fill the non-administrative positions against which the experience will be measured. Department of Trade and Industry Exempted Micro Enterprise in terms of the Codes of Good Practice National Student Financial Aid Scheme General Conditions of Contract Original document signed in ink, or Copy of original document signed in ink Originally certified SCM SLA TOR To comply with the principle of originally certified, a document must be both stamped and signed in original ink by a commissioner of oaths. Supply Chain Management Service Level Agreement Terms of Reference 3

4 Bid No: SCMN014 /2015 Content Page DOCUMENTS IN THIS BID DOCUMENT PACK Bidders are to ensure that they have received all pages 01 to 43 of this document, which consist of the following sections: SECTION A Note: Documents in this section must be completed and returned or supplied with bids as prescribed. Section A 1: SBD1: invitation to Bid Section A 2: Executive Summary Section A 3: Bid submission conditions and Instructions Section A 4: Specification SECTION B Note: Documents in this section must be completed and returned or supplied with bids as prescribed. Section B 1: Tax Clearance Certificate Section B 2: Declaration of Interest Section B 3: Declaration of bidder s past SCM practices Section B 4: Certificate of Independent Bid Determination Section B 5: Preference Points Claim form in terms of the Preferential Procurement Regulations 2011 Section B 6: 4

5 SECTION A: SECTION A THIS SECTION MUST BE COMPLETED AND RETURNED OR SUPPLIED WITH BIDS AS PRESCRIBED 5

6 Section A 1: SBD1: Invitation to Bid 1. INVITATION TO BID YOU ARE HEREBY INVITED TO BID FOR REQUIREMENT OF THE All bidders must furnish the following particulars and include it in their submission (Failure to do so will result in your bid being disqualified) Name of bidder: Valid, original Tax Clearance Certificate submitted YES / NO Postal address: Street address: Telephone number: Code Number Cellular number: Facsimile number: Code Number address: In case of a consortium/joint venture, full details on consortium/joint venture members: Entity name VAT registration number Tax Clearance Certificate submitted YES / NO Entity name VAT registration number Tax Clearance Certificate submitted YES / NO Entity name VAT registration number Tax Clearance Certificate submitted YES / NO Name of contracting entity in case of a consortium/joint venture Entity name: Postal address: 6

7 Section A 1: SBD1: Invitation to Bid Street address: Contact details of responsible person who will act on behalf of the entity/consortium/joint venture for this bid Name and Surname: Telephone number: Code: Number: Cellular number: Facsimile number: Code: Number: address: Contact details of alternative responsible person who will act on behalf of the person above should he/she not be available Name and Surname: Telephone number: Code: Number: Cellular number: Facsimile number: Code: Number: address: 7

8 Section A 1: SBD1: Invitation to Bid Confirmation Are you the accredited representative in South Africa for the services offered by you: YES / NO I/We, with the submission of this bid, hereby grant permission that SARS may, on an ongoing basis, for the duration of the contract, disclose our Tax Compliance Status to NSFAS. I/We hereby confirm that we are acting on behalf of an undisclosed principal: YES/ NO If yes, the identity of the principal is noted below: Declaration I/We have examined the information provided in your bid documents and offer to undertake the work prescribed in accordance with the requirements as set out in the bid document. The prices quoted in this bid are valid for the stipulated period. I/We confirm the availability of the proposed team members. We confirm that this bid will remain binding upon us and may be accepted by you at any time before the expiry date. Signature of bidder: Date: Are you duly authorised to commit the bidder: YES / NO Capacity under which this bid is signed TOTAL BID PRICE (INCLUSIVE OF VAT) 8

9 Section A 3: Bid submission conditions and Instructions 2. EXECUTIVE SUMMARY The National Student Financial Aid Scheme (NSFAS) is a statutory body providing financial aid to eligible students who wish to study at public universities and Technical Vocational Education and Training (TVET) colleges. NSFAS is mandated to manage and distribute funds in accordance with the provisions of the NSFAS Act (Act 56 of 1999). 3. BID SUBMISSION CONDITIONS AND INSTRUCTIONS CONDITIONS AND INSTRUCTIONS THAT BIDDERS NEED TO TAKE NOTE OF FRAUD AND CORRUPTION All providers are to take note of the implications of contravening the Prevention and Combating of Corrupt Activities Act, Act No 12 of 2004 and any other Act applicable. CLARIFICATIONS/ ADDITIONAL INFORMATION 1.1. Clarification Any clarification required by a bidder regarding the meaning or interpretation of the TOR, or any other aspect concerning the bid, are to be requested in writing by from The bid number should be mentioned in all correspondence. Telephonic requests for clarification will not be accepted. If appropriate, the clarifying information will be made available to all bidders by e- mail only Additional Information During evaluation of the bids, additional information may be requested in writing from bidders, for clarity. Replies to such requests must be submitted, within 5 (five) working days from the date of request, or as otherwise indicated. Failure to comply, may lead to your bid being disregarded. SUBMITTING BIDS 1.3. One (1) original and one (1) hard copy, i.e. two documents must be handed in/delivered to: 9

10 Section A 3: Bid submission conditions and Instructions DEPOSITED IN THE BID/TENDER BOX SITUATED AT (Street address) NSFAS Building 1 ST Floor House Vincent 10 Brodie Road Wynberg, CAPE TOWN No faxed or ed quotations will be accepted Respondents should ensure that quotations are delivered to NSFAS before the closing date and time to the correct physical address. If the quotation is late, it will not be accepted for consideration. * Refer to Paragraph 4 below Tenders can be delivered and deposited into the tender box between 08:30 and 17:00, Mondays to Fridays and, prior to the closing date, and between 08:30 and 11:00 on the closing date. All tenders must be submitted on the official forms (not to be re-typed) Only bids that are submitted as one (1) original and one (1) copy will be accepted as valid and responsive. The original and copies will be distributed to the tender evaluation panel, and must contain the same information and must all be nearly marked and professionally presented. 10

11 Section A 3: Bid submission conditions and Instructions 1.5. Response Structure The contents of the BID/TENDER document must be as follows, and numbering below, with each schedule punched, placed in a file and separated from the next schedule with a file divider. Please complete the checklist below to verify your submission of the relevant documents: Schedules Description Submitted Indicate YES or No Schedule 1 Original Valid Tax Clearance Certificate Schedule 2 Certified Copies of Company Registration Documents Schedule 3 Completed and signed Tender Documents: including the following; SBD 4 SBD 6.1 SBD 7.1 SBD 8 SBD 9 General Conditions of Contracts (with every page initiated) Schedule 4 BBB-EE Certificate Schedule 5 Technical Proposal Schedule 6 Schedule 7 Schedule 8 Schedule 9 Schedule 10 Schedule 11 Pricing Proposal Attach Contactable Reference letters from previous clients (from 2 to more than 6 ) Membership of the International Air Transport Association (IATA Membership of the Association of Southern African Travel Agents (ASATA) CV of Account Manager Company s Cancelled Cheque or Letter from the Bank not older than three months 11

12 Section A 3: Bid submission conditions and Instructions 1.6. NB: Bidders must indicate on the cover of each document whether it is the original or a copy. Copies must be numbered, e.g. Copy Bids should be submitted in a sealed envelope, marked with: Bid number (SCMN014/2015) Closing date and time (24 November 2015; 11:00 AM) The name and address of the bidder 1.8. Documents submitted on time by bidders shall not be returned. LATE BIDS 1.9. Bids received late will not be considered. A bid will be considered late if it arrived even one second after 11:00 am or any time thereafter. The tender (bid) box shall be locked at exactly 11:00 am and bids arriving late will not be considered under any circumstances. Bidders are therefore strongly advised to ensure that bids be dispatched allowing enough time for any unforeseen events that may delay the delivery of the bid The official Telkom time (dial 1026) will be used to verify the exact closing time Bids sent to the NSFAS via courier shall be deemed to be received at the date and time of arrival at the NSFAS premises (tender/bid box or reception). Bids received at the physical address after the closing date and time of the bid, shall therefore be deemed to be received late. Bidders should allow time to access the premises due to security arrangements that need to be observed. CONTRACT NEGOTIATIONS The successful Tenderer will be required to enter into a written contract with NSFAS. The final terms and conditions will be negotiated between NSFAS and the successful Tenderer. The GENERAL CONDITIONS OF CONTRACT (GCC) will form the basis of the contract; however, NSFAS reserves its rights to impose additional terms and conditions at its sole discretion. General Conditions of Contract are obtainable from PAYMENTS NSFAS will pay the Contractor the fees set out in the final contract according to the table of deliverables. No additional amounts will be payable by NSFAS to the Contractor The Contractor shall from time to time during the currency of the contract, invoice NSFAS for the services rendered. 12

13 Section A 3: Bid submission conditions and Instructions The invoice must be accompanied by supporting source document(s) containing detailed information, as NSFAS may reasonably require, for the purposes of establishing the specific nature, extent and quality of the services which were undertaken by the Contractor No payment will be made to the Contractor unless an original tax invoice complying with section 20 of the VAT Act No 89 of 1991, as amended, has been submitted to NSFAS Payment shall be made by bank transfer into the Contractor s back account normally 30 days after receipt of an acceptable, original, valid tax invoice. Money will only be transferred into a South African bank account. (Banking details must be submitted as soon as the bid is awarded) The Contractor shall be responsible for accounting to the appropriate authorities for its income tax, VAT or other moneys required to be paid in terms of the applicable law. GENERAL CONDITIONS OF CONTRACT The General Conditions of Contract must be accepted. The GCC can be downloaded from NSFAS website 13

14 SECTION B 4 TERMS OF REFERENCE Functions to be performed by the Travel Agency The Travel Agency must provide managed travel services to the NSFAS. The service must be provided as per the following: 08h00 to 18h00 Monday to Friday. 24 hours emergency service, services on weekends and public holidays where required Air Travel Reservation and Ticketing For every duly approved NSFAS travel request, the Travel Agent shall immediately make bookings, prepare appropriate itineraries and quotations based on the lowest fare and the most direct and convenient route. (South African Airways and South African Express Airways are the preferred airlines by the NSFAS) The Travel Agent must only act on travel requests submitted by the authorised NSFAS staff members In the event that the required travel arrangements cannot be confirmed, the Travel Agent shall notify the requesting NSFAS staff member of the problem and present alternative routings and quotations for consideration The Travel Agency must promptly issue accurate e tickets and confirmations of detailed itineraries (in printed and electronic format) and in SMS format to the traveling delegate, showing accurate status of the airline, car hire/airport transfers and hotel reservations on all segments of the journey The Travel Agency must only issue Tickets or e-tickets, on receipt of purchase order numbers from the NSFAS requesting official for all travel For wait-listed bookings, the Travel Agent shall provide regular feedback on the status of the flight and accommodation The Travel Agent must accurately advise the NSFAS of ticketing deadlines and other relevant information every time reservations are made to avoid cancellations of bookings The Travel Agent must ensure that all travelling NSFAS staff members have completed the travel documents required for their journeys, sufficiently before departure. 14

15 SECTION B The Travel Agent must provide information services to notify the NSFAS and the traveller of events such as airport closings, cancelled or delayed flights, trains, buses voyages, strike situations, and local political or safety conditions, which may affect travel to any particular destination The Travel Agent must provide all official travellers with last seat availability, advance seat assignments and advance boarding passes on all airlines for which the Travel Agent can offer these services The Travel Agent must provide reconfirmation and revalidation of airline tickets, re-issued tickets, which are returned as a result of changed routing or fare structures and printed itineraries showing complete information on status of reservations on all carriers. 15

16 SECTION B 4.3 Traveller`s Itineraries The Travel Agency must provide each traveler with a complete itinerary document which includes the following: Flight number(s); Confirmed upgrade (if applicable); Departure and arrival time(s) for each segment of the trip; Intermediate stops; Airport and other taxes; Visa obtained or not obtained; and Any other information such as change in international date lines. 4.4 Accommodation and Ground Transportation The Travel Agent must have the capability, on request, to make reservations for hotel accommodations, conference facilities, training facilities and ground transportation services (Car Hire or Shuttle services) as and when requested. The Travel Agency must ensure that all transport vehicles used on this contract are roadworthy, clean and hygienic at all times, and drivers are equipped with advanced GPS systems to easily locate a traveller s departure point and destination. This service shall include initiating and confirming reservations, and confirming the all-inclusive rate at which the reservation is made The Travel Agent agrees to negotiate to the maximum extent possible, discount rates, for hotel accommodation applicable specifically to reservations by the NSFAS for official travel and to arrange such services on a worldwide basis when requested. 4.5 Other Services The Travel Agent(s) must assist the NSFAS travelling delegates in obtaining VISAS where required. The assistance shall consists of providing the forms and applications for visa requests, providing visa information to travellers, conducting visa assistance follow-ups, keeping appropriate records thereon, using and making arrangements for issuance of visas The Travel Agent must provide information on health, immigration clearance, foreign exchange control regulation and other government restrictions, and assistance in obtaining passports and visas to the country of visit. 16

17 SECTION B The Travel Agent must carry out investigation on any travel service related complaints from Travellers. 4.6 Traveller`s Profiles The Travel Agent shall maintain profiles of the NSFAS frequent travellers, as designated or defined from time to time by the NSFAS, setting forth the traveller`s preferences regarding seating and meal requirements, passport and such other information as is useful to facilitate such traveller s travel arrangements. 4.7 Management Reports The Travel Agent(s) shall provide the NSFAS with management information reports consisting of sales activity showing detailed analysis of the number of trips, destinations, carriers used, savings achieved from obtaining the carrier`s lowest available fare The Travel Agent shall hold meetings with the NSFAS Travel Services staff at intervals to be agreed upon, to address any issues or problems which may arise. 4.8 Service Standards The Travel Agent shall provide the necessary personnel to provide prompt, courteous and efficient service to the NSFAS. The service provider shall ensure that the number of assigned or dedicated personnel shall be sufficient to meet the service requirements The minimum travel administration experience for the travel agents assigned to this account will be 3 years. The Travel Agency is responsible for providing replacement personnel in case of absenteeism, vacation, sick days, etc. of the regular personnel assigned. NSFAS to be timeously informed of any changes in personnel. 4.9 TERMS AND CONDITIONS Travel Management Agencies Only Travel Management Agencies, who are valid official members of both International Air Transport Association (IATA) and Association of Southern African Travel Agents (ASATA) on the date of Bid Submission, will be accepted. (Provide certified copies of the certificates or formal accreditation letters) 17

18 SECTION B Adjustments to Contract All discounts against the standard tariffs of, or on accumulated expenditure on airline, car rental, rail and bus companies and any rates, may not be adjusted to the disadvantage of the NSFAS within the duration of the contract Discounts A submitted bid will reflect all discounts tendered for any service. To distinguish between standard discounts, special discounts and cumulative discounts, if any, they must be reflected separately and the conditions applicable thereto also shown separately It must also be clearly stipulated whether any discounts represent credits Discounts for early payment must also be indicated. 18

19 SECTION B 4.10 Pricing - Service Fees Travel Management Agency must submit their detailed service fees in respect of the following Pricing Schedule Service (per ticket) Description Amount (Vat Incl.) A. Air Travel Reservations Domestic Regional International Changes Reissue/Revalidation Cancellations Refund Processing After-Hours Fee Total Service (per person) Description Amount (Vat Incl.) Domestic Regional B. Accommodation International Reservations (Includes Changes Breakfast and Dinner) Cancellations After-Hours Fee Total 19

20 SECTION B Service (per car) Description Amount (Vat Incl.) C. Car Rental Reservations Domestic Regional International Changes Cancellations After-Hours Fee Total Service (per venue) Description Amount (Vat Incl.) D. Conferencing /Workshops Facilities Reservations and virtual offices Domestic Regional International Changes Cancellations After-Hours Fee Total 20

21 SECTION B Other Services Services not included above may be included but will not form part of the evaluation during the bid process Service fees charged by the Travel Management Company must be billed directly to the NSFAS A pricing schedule should be submitted on a separate sheet from the technical proposal for ease of evaluation Billing / Payment Method All payments will be made in accordance with the completed and approved deliverables Financial penalties will be imposed for agreed upon milestones, targets, and deadlines not met without providing Timely notification of such delays and the reason for the delays Supporting evidence that the delays were outside of the influence of the service provider Invoices as per the deliverables that substantiate all costs must be provided The invoices should include the provided purchase order numbers or a copy of the approval for all After-hours approvals by the authorised official(s). 21

22 SECTION B 5 BID EVALUATION 5.1 Non- Negotiable requirements 1. Membership of the International Air Transport Association (IATA) 2. Membership of the Association of Southern African Travel Agents (ASATA) Failure to provide proof of valid membership for both of the abovementioned associations will result in bid disqualification 5.2 Functionality Specification/Description SUB- WEIGHT Experience of the travel management company (Provide details of experience of the company, client base, adherence to the developments in the travel industry) Please provide details of work undertaken as follows: list names, addresses, telephone numbers, fax numbers and addresses of businesses where such work was undertaken and briefly describe the type of service provided. Over ten(10) years uninterrupted relevant travel management 30 experience Minimum of more than seven (7) years, maximum ten (10) years 20 uninterrupted relevant travel management experience Minimum of more than (5) years, maximum seven (7) years 10 uninterrupted relevant travel management experience One (1) year, maximum five (5) years uninterrupted 5 relevant travel management experience Less than 1 year uninterrupted relevant travel management 0 Experience Experience of the travel consultants in handling regional and international bookings (Provide details of experience of consultants and provide CV s) Over seven (7) years international travel management experience. 20 WEIGHT Minimum of more than five (5) years, maximum seven (7) years 15 international travel Management experience Minimum of more than three (3) years, maximum five (5) years 5 international travel Management experience Zero (0), maximum (3) years international travel management 0 experience. Dedicated Consultants to manage the contract/account 20 2 dedicated Consultants 20 1 dedicated Consultants 10 0 dedicated Consultants 0 Detailed information of the proposed Account Manager: (Please attach an 20 abridged CV) Availability 24 hours 5 Account Manager experience (Minimum 5 years or more) 10 Minimum 5 Contactable References 5 Contactable References for the company related to travel management, duration and nature of travel arrangements provided 10 More than 6 relevant contactable references 10 More than 4 up to 6 relevant contactable references

23 SECTION B More than 3 up to 4 relevant contactable references 6 More that 2 up to 3 relevant contactable references 4 Up to 2 relevant contactable references 2 TOTAL POINTS 100 QUALIFYING THRESHOLD 70 Note: The minimum qualifying score is 70 points. All tenders that fail to achieve the minimum qualifying score shall not be shortlisted for the presentations. 5.3 PRESENTATIONS Short listed Bidders will be required to deliver a 30 minutes presentation at the NSFAS offices for clarity on their proposal. The presentation must cover the following points: Company Experience and Capacity (20) Points Leadership Demonstrate roles for people who will be responsible for the NSFAS account Customer Relationship Management (10) Points Demonstrate how employees will be kept motivated and committed to work on the NSFAS account Service Provider Sourcing (10) Points Demonstrate how suitable service providers (Example: shuttle hire, accommodation, flights, conferencing, etc.) are sourced within the value chain Communication (20)Points Reflect how the travel agency will interface and communicate with designated NSFAS staff Management Information Systems (MIS) (10) Points Demonstrate the MIS/IT systems, processes and reporting methods that will be used throughout the NSFAS Travel Management Services Account. 23

24 SECTION B 5.7 References (10)Points Discuss references of experience which have been provided. 5.8 Price Proposal (10)Points Provide clarity on the price proposal. 5.9 Governance (10)Points Demonstrate how performance will be tracked, reported and corrected. Note: The minimum qualifying score is 70 points. All tenders that fail to achieve the minimum qualifying score on the presentations shall not be considered for further evaluation on Price and BB-BEE. 6 CONTRACT PERIOD The support contract must be priced for 60 months. 7 PREFERENCE POINT SYSTEM All tenders that will achieve the minimum qualifying score (acceptable tenders) will be evaluated further in terms of the preference point system as follows: A maximum of 90 points is allocated for price on the following basis: 90/10 Pt Pmin Ps 901 Pmin Where Ps = Points scored for comparative price of bid under consideration Pt = Comparative price of bid under consideration Pmin = Comparative price of lowest acceptable bid 24

25 SECTION B 8 REASON FOR REJECTION OF BIDS NSFAS will reject a proposal for the award of a contract if the recommended bidder has committed a proven corrupt or fraudulent act in competing for the particular contract. NSFAS will disregard the bid of any bidder if that bidder, or any of its directors or employees: That has abused the Supply Chain Management system of NSFAS; That has committed proven fraud or any other improper conduct in relation to such system; or That has failed to perform on any previous contract and the proof exists. Such actions will be communicated to the National Treasury and Department of Higher Education and Training. 9 DISCLAIMER NSFAS will apply Supply Chain Management Policy and where Policy is silent, will apply National Treasury Regulations. All costs incurred in drafting the proposal are those of the service provider. NSFAS reserves the right to engage with more than one service provider. 10 CLOSING DATE Bids must be delivered at the reception desk between 08:30 and 16:00, Mondays to Fridays, prior to the closing date, and between 08:30 and 11:00 am on the closing date. The closing date: 24 November 2015 at 11:00 am. 25

26 SECTION B SECTION B This section must be completed and returned or supplied with bids as prescribed. 26

27 Section B 1: Tax Clearance Certificate TAX CLEARANCE CERTIFICATE REQUIREMENTS It is a condition of bid (tender) that the taxes of the successful bidder must be in order, or that satisfactory arrangements have been made with South African revenue Services (SARS) to meet the bidder s tax obligations. 1. In order to meet this requirement, bidders are required to complete in full the form TCC 001 Application for a Tax Clearance 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 date of approval. 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. Copies of the TCC 001 Application for a Tax Clearance Certificate form are available from any SARS branch office nationally or on the website 6. Applications for 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 PLEASE NOTE THAT SARS IS IN PROCESS OF IMPLEMENTING A NEW TAX COMPLIANCE STATUS (TCS) SYSTEM PLEASE REFER TO THE NATIONAL TREASURY INSTRUCTION 3 OF 2014/2015 AVAILABLE ON THE NATIONAL TREASURY WEBSITE 27

28 Section B 2: Declaration of Interest DECLARATION OF INTEREST 1. Any legal person, including persons employed by the State 1, or persons having a kinship with persons employed by the State, including a blood relationship, may make an offer or offers in terms of this invitation to bid (includes an advertised competitive bid, limited bid or proposal or a written price quotation,). In view of possible allegations of favouritism, should the resulting bid, or part thereof, be awarded to persons employed by the State, or to persons connected with or related to them, it is required that the bidder or his/her authorised representative declare his/her position in relation to the evaluating/ adjudicating authority where 1.1. The bidder is employed by the State; and/or 1.2. The bidder is a Management Board member of NSFAS and/or 1.3. 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 Full Name of bidder or his or her representative: 2.2. Identity Number: 2.3. Position occupied in the Company (director, trustee, shareholder, member, etc 2 ): 2.4. Registration number of company, enterprise, close corporation, partnership agreement or trust 2.5. Tax Reference Number: 2.6. VAT Registration Number: The names of all directors/ trustees/ shareholders/ members, their individual identity numbers, tax reference numbers and, if applicable, employee/ PERSAL numbers must be indicated in paragraph 3 below 1 State means (a) Any national or provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance Management Act, 1999 (Act No 1 of 1999); (b) Any municipality or municipal entity; (c) Provincial legislature; (d) National Assembly or the National Council of Provinces; (e) Parliament. 2 Shareholder means a person who owns shares in the company and is actively involved in the management of the enterprise or business and exercises control over the enterprise 28

29 Section B 2: Declaration of Interest 2.7. Are you or any person connected with the bidder presently employed by the State? YES / NO If so, furnish the following particulars Name of person/ director/ trustee/ shareholder/ member: Name of State institution at which you or the person connected to the bidder is employed: Position occupied in the State institution: Any other particulars: If you are presently employed by the state, did you obtain the appropriate authority to undertake remunerative work outside employment in the public sector? YES / NO If yes, did you attach proof of such authority to the bid document? YES / NO (Note: Failure to submit proof of such authority, where applicable, may result in the disqualification of the bid.) If no, furnish reasons for non-submission of such proof: 2.8. Did you or your spouse, or any of the company s directors/trustees/ shareholders/ members or their spouses conduct business with the State in the previous twelve (12) months? YES / NO If so, furnish the following particulars. 29

30 Section B 2: Declaration of Interest 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 If so, furnish the following particulars Are you, or any person connected with the bidder, aware of any relationship (family, friend, other) between any other bidder and any person employed by the State who may be involved with the evaluation and or adjudication of this bid? YES / NO If so, furnish the following particulars 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 If so, furnish the following particulars. 3. Full details of directors/ trustees/ members/ shareholders. Full Name Identity Number Personal Income Tax Reference No State Employee Number/ PERSAL Number 30

31 Section B 2: Declaration of Interest DECLARATION I, THE UNDERSIGNED (NAME) CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPHS 2 AND 3 ABOVE IS CORRECT. I ACCEPT THAT THE STATE MAY REJECT THE BID OR ACT AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE. Signature Date Position Name of bidder 31

32 Section B 3: Declaration Of Bidder's past SCM Practices DECLARATION OF BIDDER'S PAST SUPPLY CHAIN MANAGEMENT PRACTICES 1 This declaration will be used by institutions to ensure that when goods and services are being procured, all reasonable steps are taken to combat the abuse of the supply chain management system. 2 The bid of any bidder may be disregarded if that bidder, or any of its directors have: a. abused the NSFAS 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. 3 In order to give effect to the above, the following questionnaire must be completed and submitted with the bid. Item Question Yes No 3.1 Is the bidder or any of its directors listed on the National Treasury s database of Restricted Suppliers as companies or persons prohibited from doing business with the public sector? (Companies or persons who are listed on this database were informed in writing of this restriction by the Accounting Officer/ authority of the institution that imposed the restriction after the audi alteram partem rule was applied). The database of Restricted Suppliers now resides on the National Treasury s website (www.reatury.gov.za) and can be accessed by clicking on its link at the bottom of the homepage If so, furnish particulars: Yes No 3.2 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)? The Register for Tender Defaulters can be accessed on the National Treasury s website, (www.treasury.gov.za) by clicking on its link at the bottom of the homepage If so, furnish particulars: Yes No 3.3 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? If so, furnish particulars: Yes No 3.4 Was any contract between the bidder and any organ of Yes No 32

33 Section B 3: Declaration Of Bidder's past SCM Practices state terminated during the past five years on account of failure to perform on or comply with the contract? If so, furnish particulars: 33

34 Section B 3: Declaration Of Bidder's past SCM Practices 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 34

35 Section B 5: Certificate of Independent Bid Determination CERTIFICATE OF INDEPENDENT BID DETERMINATION I, the undersigned, in submitting the accompanying bid: in response to the invitation for the bid made by: NSFAS (Name of Institution) do hereby make the following statements that I certify to be true and complete in every respect: I certify, on behalf of: that: (Name of Bidder) 1. I have read and I understand the contents of this Certificate; 2. I understand that the accompanying bid will be disqualified if this Certificate is found not to be true and complete in every respect; 3. I am authorized by the bidder to sign this Certificate, and to submit the accompanying bid, on behalf of the bidder; 4. Each person whose signature appears on the accompanying bid has been authorized by the bidder to determine the terms of, and to sign the bid, on behalf of the bidder; 5. For the purposes of this Certificate and the accompanying bid, I understand that the word competitor shall include any individual or organization, other than the bidder, whether or not affiliated with the bidder, who: has been requested to submit a bid in response to this bid invitation; could potentially submit a bid in response to this bid invitation, based on their qualifications, abilities or experience; and provides the same goods and services as the bidder and/or is in the same line of business as the bidder 6. The bidder has arrived at the accompanying bid independently from, and without consultation, communication, agreement or arrangement with any competitor. However communication between partners in a joint venture or consortium 3 will not be construed as collusive bidding. 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. 35

36 Section B 5: Certificate of Independent Bid Determination 7. In particular, without limiting the generality of paragraphs 6 above, there has been no consultation, communication, agreement or arrangement with any competitor regarding: prices; geographical area where product or service will be rendered (market allocation) methods, factors or formulas used to calculate prices; the intention or decision to submit or not to submit, a bid; the submission of a bid which does not meet the specifications and conditions of the bid; or bidding with the intention not to win the bid. 8. In addition, there have been no consultations, communications, agreements or arrangements with any competitor regarding the quality, quantity, specifications and conditions or delivery particulars of the products or services to which this bid invitation relates. 9. The terms of the accompanying bid have not been, and will not be, disclosed by the bidder, directly or indirectly, to any competitor, prior to the date and time of the official bid opening or of the awarding of the contract. 10. I am aware that, in addition and without prejudice to any other remedy provided to combat any restrictive practices related to bids and contracts, bids that are suspicious will be reported to the Competition Commission for investigation and possible imposition of administrative penalties in terms of section 59 of the Competition Act No 89 of 1998 and or may be reported to the National Prosecuting Authority (NPA) for criminal investigation and or may be restricted from conducting business with the public sector for a period not exceeding ten (10) years in terms of the Prevention and Combating of Corrupt Activities Act No 12 of 2004 or any other applicable legislation. Signature Date. Position Name of Bidder 36

37 Section B 5: Preference Points Claim PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT REGULATIONS 2011 NB: BEFORE COMPLETING THIS FORM, BIDDERS MUST STUDY THE GENERAL CONDITIONS, DEFINITIONS AND DIRECTIVES APPLICABLE IN RESPECT OF B-BBEE, AS PRESCRIBED IN THE PREFERENTIAL PROCUREMENT REGULATIONS, GENERAL CONDITIONS 1.1 The following preference point systems are applicable to all bids: - the 90/10 system for requirements with a Rand value above R (all applicable taxes included). 1.2 The value of this bid is estimated to exceed R (all applicable taxes included) and therefore the 90/10 system shall be applicable. 1.3 Preference points for this bid shall be awarded for: (a) (b) Price; and B-BBEE Status Level of Contribution The maximum points for this bid are allocated as follows: POINTS Price B-BBEE Status Level of Contribution 10 Total points for Price and B-BBEE must not 100 exceed 1.4 Failure on the part of a bidder to fill in and/or to sign this form and submit a valid original or certified B-BBEE Verification Certificate from a Verification Agency accredited by the South African Accreditation System (SANAS) or a Registered Auditor approved by the Independent Regulatory Board of Auditors (IRBA) or an Accounting Officer as contemplated in the Close Corporation Act (CCA) together with the bid, will be interpreted to mean that preference points for B-BBEE status level of contribution are not claimed The purchaser reserves the right to require of a bidder, either before a bid is adjudicated or at any time subsequently, to substantiate any claim in regard to preferences, in any manner required by the purchaser. 2. DEFINITIONS 2..1 all applicable taxes includes value-added tax, pay as you earn, income tax, unemployment insurance fund contributions and skills development levies; 37

38 Section B 5: Preference Points Claim 2.2 B-BBEE means broad-based black economic empowerment as defined in section 1 of the Broad-Based Black Economic Empowerment Act; 2.3 B-BBEE status level of contributor means the B-BBEE status received by a measured entity based on its overall performance using the relevant scorecard contained in the Codes of Good Practice on Black Economic Empowerment, issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act; 2.4 bid means a written offer in a prescribed or stipulated form in response to an invitation by an organ of state for the provision of services, works or goods, through price quotations, advertised competitive bidding processes or proposals; 2.5 Broad-Based Black Economic Empowerment Act means the Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003); 2.6 comparative price means the price after the factors of a non-firm price and all unconditional discounts that can be utilized have been taken into consideration; 2.7 consortium or joint venture means an association of persons for the purpose of combining their expertise, property, capital, efforts, skill and knowledge in an activity for the execution of a contract; 2.8 contract means the agreement that results from the acceptance of a bid by an organ of state; 2.9 EME means any enterprise with annual total revenue of R5 million or less Firm price means the price that is only subject to adjustments in accordance with the actual increase or decrease resulting from the change, imposition, or abolition of customs or excise duty and any other duty, levy, or tax, which, in terms of the law or regulation, is binding on the contractor and demonstrably has an influence on the price of any supplies, or the rendering costs of any service, for the execution of the contract; 2.11 functionality means the measurement according to predetermined norms, as set out in the bid documents, of a service or commodity that is designed to be practical and useful, working or operating, taking into account, among other factors, the quality, reliability, viability and durability of a service and the technical capacity and ability of a bidder; 2.12 non-firm prices means all prices other than firm prices; 2.13 person includes a juristic person; 2.14 rand value means the total estimated value of a contract in South African currency, calculated at the time of bid invitations, and includes all applicable taxes and excise duties; 38

39 Section B 5: Preference Points Claim 2.15 sub-contract means the primary contractor s assigning, leasing, making out work to, or employing, another person to support such primary contractor in the execution of part of a project in terms of the contract; 2.16 total revenue bears the same meaning assigned to this expression in the Codes of Good Practice on Black Economic Empowerment, issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act and promulgated in the Government Gazette on 9 February 2007; 2.17 trust means the arrangement through which the property of one person is made over or bequeathed to a trustee to administer such property for the benefit of another person; and 2.18 trustee means any person, including the founder of a trust, to whom property is bequeathed in order for such property to be administered for the benefit of another person. 3. ADJUDICATION USING A POINT SYSTEM 3.1 The bidder obtaining the highest number of total points will be awarded the contract. 3.2 Preference points shall be calculated after prices have been brought to a comparative basis taking into account all factors of non-firm prices and all unconditional discounts;. 3.3 Points scored must be rounded off to the nearest 2 decimal places. 3.4 In the event that two or more bids have scored equal total points, the successful bid must be the one scoring the highest number of preference points for B-BBEE. 3.5 However, when functionality is part of the evaluation process and two or more bids have scored equal points including equal preference points for B-BBEE, the successful bid must be the one scoring the highest score for functionality. 3.6 Should two or more bids be equal in all respects, the award shall be decided by the drawing of lots. 39

40 Section B 5: Preference Points Claim 4. POINTS AWARDED FOR PRICE 4.1 THE 90/10 PREFERENCE POINT SYSTEMS A maximum of 90 points is allocated for price on the following basis: 90/10 Pt P min Ps 901 P min Where Ps = Points scored for comparative price of bid under consideration Pt = Comparative price of bid under consideration Pmin = Comparative price of lowest acceptable bid 5. Points awarded for B-BBEE Status Level of Contribution 5.1 In terms of Regulation 5 (2) and 6 (2) of the Preferential Procurement Regulations, preference points must be awarded to a bidder for attaining the B- BBEE status level of contribution in accordance with the table below: B-BBEE Status Level of Contributor Number of points (90/10 system) Number of points (80/20 system) Non-compliant contributor Bidders who qualify as EMEs in terms of the B-BBEE Act must submit a certificate or a certified copy thereof, issued by an Accounting Officer as contemplated in the CCA or a Verification Agency accredited by SANAS or a Registered Auditor. Registered auditors do not need to meet the prerequisite for IRBA s approval for the purpose of conducting verification and issuing EMEs with B-BBEE Status Level Certificates. 5.3 Bidders other than EMEs must submit their original and valid B-BBEE status level verification certificate or a certified copy thereof, substantiating their B-BBEE 40

41 Section B 5: Preference Points Claim rating issued by a Registered Auditor approved by IRBA or a Verification Agency accredited by SANAS. 5.4 A trust, consortium or joint venture, will qualify for points for their B-BBEE status level as a legal entity, provided that the entity submits their B-BBEE status level certificate. 5.5 A trust, consortium or joint venture will qualify for points for their B-BBEE status level as an unincorporated entity, provided that the entity submits their consolidated B-BBEE scorecard as if they were a group structure and that such a consolidated B-BBEE scorecard is prepared for every separate bid. 5.6 Tertiary institutions and public entities will be required to submit their B-BBEE status level certificates in terms of the specialized scorecard contained in the B- BBEE Codes of Good Practice. 5.7 A person will not be awarded points for B-BBEE status level if it is indicated in the bid documents that such a bidder intends sub-contracting more than 25% of the value of the contract to any other enterprise that does not qualify for at least the points that such a bidder qualifies for, unless the intended sub-contractor is an EME that has the capability and ability to execute the sub-contract. 5.8 A person awarded a contract may not sub-contract more than 25% of the value of the contract to any other enterprise that does not have an equal or higher B-BBEE status level than the person concerned, unless the contract is sub-contracted to an EME that has the capability and ability to execute the sub-contract. 6. BID DECLARATION 6.1 Bidders who claim points in respect of B-BBEE Status Level of Contribution must complete the following: 7. B-BBEE STATUS LEVEL OF CONTRIBUTION CLAIMED IN TERMS OF PARAGRAPHS AND B-BBEE Status Level of Contribution: = (maximum of 10 or 20 points) (Points claimed in respect of paragraph 7.1 must be in accordance with the table reflected in paragraph 5.1 and must be substantiated by means of a B-BBEE certificate issued by a Verification Agency accredited by SANAS or a Registered Auditor approved by IRBA or an Accounting Officer as contemplated in the CCA). 8 SUB-CONTRACTING 8.1 Will any portion of the contract be sub-contracted? YES / NO (delete which is not applicable) If yes, indicate: (i) what percentage of the contract will be subcontracted?.... % 41

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